§ 4402 — Duties of school districts

New York § 4402

• Jurisdiction: New York
• Law EDN: Education
• Title 6: Special Schools and Instruction
• Art. 89: Children With Disabilities

Text

§ 4402. Duties of school districts. 1. * a. The board of education or\ntrustees of each school district and the city school district of the\ncity of New York shall, under regulations prescribed by the commissioner\nand approved by the regents of the university, identify, locate and\nevaluate in accordance with this section all students with disabilities\nin such district who are in need of special education, including\nchildren with disabilities who are homeless children or are wards of the\nstate as defined in the regulations of the commissioner and, consistent\nwith section thirty-six hundred two-c of this chapter, students who\nattend nonpublic schools within such school district, and shall maintain\na register containing the name of each child with a disability who\nresides in the district, the nature of such child's disability, the\neducational placement and setting, if any, of such child, and any other\nstudent-specific data required to comply with federal law or\nregulations.\n * NB Effective until June 30, 2027\n * a. The board of education or trustees of each school district and\nthe city school district of the city of New York shall ascertain under\nregulations prescribed by the commissioner and approved by the regents\nof the university, the number of children with handicapping conditions\nin such district under the age of twenty-one years and the nature of the\nhandicapping condition of each such child in accordance with the\nprovisions of this section, and shall maintain a register containing the\nname of each child with a handicapping condition who resides in the\ndistrict, the nature of such child's handicapping condition, the\neducational placement and setting, if any, of such child.\n * NB Effective June 30, 2027\n b. (1) The board of education or trustees of each school district\nshall establish committees and/or subcommittees on special education as\nnecessary to ensure timely evaluation and placement of pupils. The board\nof education of the city school district of the city of New York, shall\nestablish at least one committee on special education in each of its\ncommunity school districts, provided that appointments to the community\nschool district committees shall be made upon the approval of the\ncommunity school board except that the board of education of the city\nschool district of the city of New York, may establish one committee to\nserve more than one community school district, in which case,\nappointments thereto shall be made upon the joint approval of the\naffected community school boards; provided, however, that prior to such\nconsolidation, the board shall consider the relative caseload of the\ncommittee on special education in each affected community school\ndistrict, including but not limited to the following factors: the number\nof students evaluated by such committee; the number of referrals to\nspecial education in such community school district; the ability to\ncomply with mandated paperwork and timelines; and other issues which the\nboard deems pertinent.\n (a) Such committees shall be composed of at least the following\nmembers: (i) the parents or persons in parental relationship to the\nstudent; (ii) one regular education teacher of the student whenever the\nstudent is or may be participating in the regular education environment;\n(iii) one special education teacher of the student, or, if appropriate,\na special education provider of the student; (iv) a school psychologist;\n(v) a representative of such school district who is qualified to provide\nor administer or supervise special education and is knowledgeable about\nthe general curriculum and the availability of resources of the school\ndistrict; (vi) an individual who can interpret the instructional\nimplications of evaluation results; (vii) a school physician; (viii) an\nadditional parent, residing in the school district or a neighboring\nschool district, of a student with a disability, of a student who has\nbeen declassified and is no longer eligible for an individualized\neducation program (IEP), or a parent of a disabled child who has\ngraduated, for a period of five years beyond the student's\ndeclassification or graduation, provided such parent shall not be\nemployed by or under contract with the school district, and provided\nfurther that such additional parent shall not be a required member if\nthe parents request that such additional parent member not participate;\n(ix) such other persons having knowledge or special expertise regarding\nthe student as the school district or the parents or persons in parental\nrelationship to the student shall designate, to the extent required\nunder federal law; and (x) if appropriate, the student.\n * (b) In determining the composition of such committee pursuant to\nclause (a) of this subparagraph, a school district may determine that a\nmember appointed pursuant to one of subclause (ii), (iii), (iv), (v) or\n(ix) of clause (a) of this subparagraph also fulfills the requirement of\nsubclause (vi) of clause (a) of this subparagraph of a member who is an\nindividual who can interpret the instructional implications of\nevaluation results where such individuals are determined by the school\ndistrict to have the knowledge and expertise to do so and/or that a\nmember appointed pursuant to subclause (iii) or (iv) of clause (a) of\nthis subparagraph also fulfills the requirement of subclause (v) of\nclause (a) of this subparagraph of a member who is a representative of\nthe school district. The regular education teacher of the student shall\nparticipate in the development, review and revision of the\nindividualized education program for the student, to the extent required\nunder federal law. The school physician need not be in attendance at any\nmeeting of the committee on special education unless specifically\nrequested in writing, at least seventy-two hours prior to such meeting\nby the parents or other person in parental relation to the student in\nquestion, the student, or a member of the committee on special\neducation. The parents or persons in parental relation of the student in\nquestion shall receive proper written notice of their right to have the\nschool physician attend the meetings of the committee on special\neducation upon referral of said student to the committee on special\neducation or whenever such committee plans to modify or change the\nidentification, evaluation or educational placement of the student. The\nadditional parent need not be in attendance at any meeting of the\ncommittee on special education unless specifically requested in writing,\nat least seventy-two hours prior to such meeting by the parents or other\nperson in parental relation to the student in question, the student, or\na member of the committee on special education. The parents or persons\nin parental relation of the student in question shall receive proper\nwritten notice of their right to have an additional parent attend any\nmeeting of the committee regarding the student along with a statement,\nprepared by the department, explaining the role of having the additional\nparent attend the meeting. The committee shall invite the appropriate\nprofessionals most familiar with a student's disability or disabilities\nto attend any meeting concerning the educational program for such\nstudent. Except as otherwise provided in this clause or clause (b-1) or\n(b-2) of this subparagraph, all members of such committee shall attend\nmeetings of the committee on special education.\n Members of such committee shall serve at the pleasure of such board\nand members who are neither employees of nor under contract with such\ndistrict shall serve without compensation except that such members shall\nbe entitled to a per diem to defray expenses incurred in such service,\nprovided, however, that any expense incurred shall be deemed an aidable\noperating expense for purposes of state aid.\n * NB Effective until June 30, 2027\n * (b) In determining the composition of such committee pursuant to\nclause (a) of this subparagraph, a school district may determine that a\nmember appointed pursuant to one of subclause (ii), (iii), (iv), (v) or\n(ix) of clause (a) of this subparagraph also fulfills the requirement of\nsubclause (vi) of clause (a) of this subparagraph of a member who is an\nindividual who can interpret the instructional implications of\nevaluation results where such individuals are determined by the school\ndistrict to have the knowledge and expertise to do so and/or that a\nmember appointed pursuant to subclause (iii) or (iv) of clause (a) of\nthis subparagraph also fulfills the requirement of subclause (v) of\nclause (a) of this subparagraph of a member who is a representative of\nthe school district. The regular education teacher of the student shall\nparticipate in the development, review and revision of the\nindividualized education program for the student, to the extent required\nunder federal law. The school physician need not be in attendance at any\nmeeting of the committee on special education unless specifically\nrequested in writing, at least seventy-two hours prior to such meeting\nby the parents or other person in parental relationship to the student\nin question, the student, or a member of the committee on special\neducation. The parents or persons in parental relationship of the\nstudent in question shall receive proper written notice of their right\nto have the school physician attend the meetings of the committee on\nspecial education upon referral of said student to the committee on\nspecial education or whenever such committee plans to modify or change\nthe identification, evaluation or educational placement of the student.\nThe additional parent need not be in attendance at any meeting of the\ncommittee on special education unless specifically requested in writing,\nat least seventy-two hours prior to such meeting by the parents or other\nperson in parental relation to the student in question, the student, or\na member of the committee on special education. The parents or persons\nin parental relation of the student in question shall receive proper\nwritten notice of their right to have an additional parent attend any\nmeeting of the committee regarding the student along with a statement,\nprepared by the department, explaining the role of having the additional\nparent attend the meeting. The committee shall invite the appropriate\nprofessionals most familiar with a student's disability or disabilities\nto attend any meeting concerning the educational program for such\nstudent.\n Members of such committee shall serve at the pleasure of such board\nand members who are neither employees of nor under contract with such\ndistrict shall serve without compensation except that such members shall\nbe entitled to a per diem to defray expenses incurred in such service,\nprovided, however, that any expense incurred shall be deemed an aidable\noperating expense for purposes of state aid.\n * NB Effective June 30, 2027\n * (b-1) Notwithstanding any provision of law, rule or regulation to\nthe contrary, a member of the committee on special education, other than\nthe parents or persons in parental relation to the student is not\nrequired to attend a meeting of the team, in whole or in part, if the\nparent or person in parental relation to the student and the school\ndistrict agree, in writing, that the attendance of the member is not\nnecessary because the member's area of the curriculum or related\nservices is not being modified or discussed at the meeting.\n * NB Repealed June 30, 2027\n * (b-2) Notwithstanding any provision of law, rule or regulation to\nthe contrary, a member of the committee on special education, other than\nthe parents or persons in parental relation to the student, may be\nexcused from attending a meeting of the committee, in whole or in part,\nwhen the meeting involves a modification to or discussion of the\nmember's area of the curriculum or related services if the parent or\nperson in parental relation to the student and the school district\nconsent, in writing, to the excusal and the excused member submits to\nthe parent or person in parental relation to the student and such\ncommittee, written input into the development of the individualized\neducation program, and in particular written input with respect to their\narea of curriculum or related services prior to the meeting.\n * NB Repealed June 30, 2027\n * (b-3) Requests for excusal of a member of the committee as provided\nfor in clauses (b-1) and (b-2) of this subparagraph, and the written\ninput as provided for in clause (b-2) of this subparagraph, shall be\nprovided not less than five calendar days prior to the meeting date, in\norder to afford the parent or person in parental relation a reasonable\ntime to review and consider the request. Provided however, that a parent\nor person in parental relation shall retain the right to request and/or\nagree with the school district to excuse a member of the special\neducation committee at any time including where the member is unable to\nattend the meeting because of an emergency or unavoidable scheduling\nconflict and the school district submits the written input for review\nand consideration by the parent or person in parental relation within a\nreasonable time prior to the meeting and prior to obtaining written\nconsent of the parent or person in parental relation to such excusal.\n * NB Repealed June 30, 2027\n (c) Districts not having available personnel may share the services of\na local committee on special education with another school district or\ncontract with a board of cooperative educational services for such\npersonnel pursuant to regulations of the commissioner. A district having\na subcommittee on special education may share the services of a local\ncommittee on special education with another school district, provided\nthat a representative of such school district who is qualified to\nprovide or administer or supervise special education and is\nknowledgeable about the general curriculum and the availability of\nresources of the school district shall be a member of such committee\nwhen it convenes on behalf of a student who is a resident of such\ndistrict.\n * (d) Boards of education in city school districts in cities having in\nexcess of one hundred twenty-five thousand inhabitants shall appoint\nsubcommittees on special education, to the extent necessary to ensure\ntimely evaluation and placement of students with disabilities. Boards of\neducation or trustees of any school district outside of a city having a\npopulation in excess of one hundred twenty-five thousand inhabitants may\nappoint subcommittees on special education to assist the board of\neducation in accordance with this clause and the regulations of the\ncommissioner. The membership of each subcommittee shall include, but not\nbe limited to, the committee members required by subclauses (i), (ii),\n(iii), (v), (vi), (ix) and (x) of clause (a) of this subparagraph, and a\nschool psychologist whenever a new psychological evaluation is reviewed\nor a change to a more restrictive program option, as defined in\nregulations of the commissioner, is considered. Except when (i) a\nstudent is considered for initial placement in a special class, or (ii)\na student is considered for initial placement in a special class outside\nof the student's school of attendance, or (iii) whenever a student is\nconsidered for placement in a school primarily serving students with\ndisabilities or a school outside of the student's district, each\nsubcommittee may perform the functions for which the committee on\nspecial education is responsible pursuant to the provisions of this\nsubdivision. Notwithstanding any other provisions of this clause to the\ncontrary, attendance of members of a subcommittee may be excused from\nattendance in the same manner as members of a committee on special\neducation pursuant to clauses (b-1), (b-2) or (b-3) of this\nsubparagraph. Each subcommittee shall report annually the status of each\nstudent with a disability within its jurisdiction to the committee on\nspecial education, and the subcommittee shall refer to the committee,\nupon receipt of a written request from the parent or person in parental\nrelation to a student, any matter in which the parent disagrees with the\nsubcommittee's recommendation concerning a modification or change in the\nidentification, evaluation, educational placement or provision of a free\nappropriate public education to such student. The committee on special\neducation shall be responsible for oversight and monitoring of the\nactivities of each subcommittee to assure compliance with the\nrequirements of applicable and federal law and regulations.\n * NB Effective until June 30, 2027\n * (d) Boards of education in city school districts in cities having in\nexcess of one hundred twenty-five thousand inhabitants shall appoint\nsubcommittees on special education, to the extent necessary to ensure\ntimely evaluation and placement of students with disabilities. Boards of\neducation or trustees of any school district outside of a city having a\npopulation in excess of one hundred twenty-five thousand inhabitants may\nappoint subcommittees on special education to assist the board of\neducation in accordance with this clause and the regulations of the\ncommissioner. The membership of each subcommittee shall include, but not\nbe limited to, the committee members required by subclauses (i), (ii),\n(iii), (v), (vi), (ix) and (x) of clause (a) of this subparagraph, and a\nschool psychologist whenever a new psychological evaluation is reviewed\nor a change to a more restrictive program option, as defined in\nregulations of the commissioner, is considered. Except when (i) a\nstudent is considered for initial placement in a special class, or (ii)\na student is considered for initial placement in a special class outside\nof the student's school of attendance, or (iii) whenever a student is\nconsidered for placement in a school primarily serving students with\ndisabilities or a school outside of the student's district, each\nsubcommittee may perform the functions for which the committee on\nspecial education is responsible pursuant to the provisions of this\nsubdivision. Each subcommittee shall report annually the status of each\nstudent with a disability within its jurisdiction to the committee on\nspecial education, and the subcommittee shall refer to the committee,\nupon receipt of a written request from the parent or person in parental\nrelationship to a student, any matter in which the parent disagrees with\nthe subcommittee's recommendation concerning a modification or change in\nthe identification, evaluation, educational placement or provision of a\nfree appropriate public education to such student. The committee on\nspecial education shall be responsible for oversight and monitoring of\nthe activities of each subcommittee to assure compliance with the\nrequirements of applicable and federal law and regulations.\n * NB Effective June 30, 2027\n * (2) Such committees or subcommittees shall review at least annually,\nthe status of each student with a disability and each student thought to\nbe disabled who is identified pursuant to paragraph a of this\nsubdivision. Such review shall consider the educational progress and\nachievement of the student with a disability and the student's ability\nto participate in instructional programs in regular education.\n * NB Effective until June 30, 2027\n * (2) Such committees or subcommittees shall identify, review and\nevaluate at least annually, the status of each child with a handicapping\ncondition and each child thought to be handicapped who resides within\nthe school district. Such review shall consider the educational progress\nand achievement of the child with a handicapping condition and the\nchild's ability to participate in instructional programs in regular\neducation.\n * NB Effective June 30, 2027\n (3) The committee or when applicable the subcommittee shall:\n (a) Obtain, review and evaluate all relevant information, including\nbut not limited to that presented by the parent, person in parental\nrelationship and teacher, pertinent to each child suspected of or\nidentified as having a disability, including the results of a physical\nexamination performed in accordance with sections nine hundred three,\nnine hundred four and nine hundred five of this chapter and, where\ndetermined to be necessary by a school psychologist, an appropriate\npsychological evaluation performed by a qualified private or school\npsychologist, and other appropriate assessments as necessary to\nascertain the physical, mental, emotional and cultural-educational\nfactors which may contribute to the suspected or identified disability,\nand all other school data which bear on the child's progress, including,\nwhere appropriate, observation of classroom performance.\n * (b) (i) Make recommendations based upon a written evaluation setting\nforth the reasons for the recommendations, to the child's parent or\nperson in parental relation and board of education or trustees as to\nappropriate educational programs and placement in accordance with the\nprovisions of subdivision six of section forty-four hundred one-a of\nthis article, and as to the advisability of continuation, modification,\nor termination of special class or program placements which evaluation\nshall be furnished to the child's parent or person in parental relation\ntogether with the recommendations provided, however that the committee\nmay recommend a placement in a school which uses psychotropic drugs only\nif such school has a written policy pertaining to such use that is\nconsistent with subdivision four-a of section thirty-two hundred eight\nof this chapter and that the parent or person in parental relation is\ngiven such written policy at the time such recommendation is made. If\nsuch recommendation is not acceptable to the parent or person in\nparental relation, such parent or person in parental relation may appeal\nsuch recommendation as provided for in section forty-four hundred four\nof this chapter.\n (ii) Notwithstanding any provisions of this clause or clause (a) of\nthis subparagraph to the contrary, in making changes to a student's\nindividualized education program after the annual review has been\nconducted, the parent or person in parental relation to the student and\nthe school district may agree not to convene a meeting of the committee\non special education for the purpose of making those changes, and\ninstead may develop a written document to amend or modify the student's\ncurrent individualized education program under the following\ncircumstances:\n (A) The parent or person in parental relation makes a request to the\nschool district for an amendment to the individualized education program\nand the school district and such parent or person in parental relation\nagree in writing; or\n (B) The school district provides the parent or person in parental\nrelation with a written proposal to amend a provision or provisions of\nthe individualized education program that is conveyed in language\nunderstandable to the parent or person in parental relation in such\nparent's or such person's native language or other dominate mode of\ncommunication, informs and allows the parent or person in parental\nrelation the opportunity to consult with the appropriate personnel or\nrelated service providers concerning the proposed changes and the parent\nor person in parental relation agrees in writing to such amendments.\n (C) If the parent or person in parental relation agrees to amend the\nindividualized education program without a meeting, the parent or person\nin parental relation shall be provided prior written notice of the\nchanges to the individualized education program resulting from such\nwritten document and the special education committee shall be notified\nof such changes. If the school district makes such changes by rewriting\nthe entire individualized education program, it shall provide the parent\nor person in parental relation with a copy of the rewritten\nindividualized education program. If the school district amends the\nindividualized education program without rewriting the entire document,\nthe school district shall provide the parent or person in parental\nrelation with a copy of the document that amends or modifies the\nindividualized education program or, upon request of the parent or\nperson in parental relation, a revised copy of the individualized\neducation program with the amendments incorporated.\n Amendments to an individualized education program pursuant to this\nsubitem shall not affect the requirement that the special education\ncommittee review the individualized education program at the annual\nmeeting, or more often if necessary.\n * NB Effective until June 30, 2027\n * (b) Make recommendations based upon a written evaluation setting\nforth the reasons for the recommendations, to the child's parent or\nperson in parental relationship and board of education or trustees as to\nappropriate educational programs and placement in accordance with the\nprovisions of subdivision six of section forty-four hundred one-a of\nthis article, and as to the advisability of continuation, modification,\nor termination of special class or program placements which evaluation\nshall be furnished to the child's parent or person in parental\nrelationship together with the recommendations provided, however that\nthe committee may recommend a placement in a school which uses\npsychotropic drugs only if such school has a written policy pertaining\nto such use and that the parent or person in parental relationship is\ngiven such written policy at the time such recommendation is made. If\nsuch recommendation is not acceptable to the parent or person in\nparental relationship, such parent or person in parental relationship\nmay appeal such recommendation as provided for in section forty-four\nhundred four of this chapter.\n * NB Effective June 30, 2027\n (c) Provide written prior notice to the parents or person in parental\nrelationship of the child upon receipt of referral for evaluation or\nwhenever such committee plans to continue, modify or change the\nidentification, evaluation, or educational placement of the child or the\nprovision of a free appropriate public education to the child and advise\nthe parent of or person in parental relationship to the child of his or\nher opportunity to address the committee, either in person or in\nwriting, on the appropriateness of the committee's recommendations on\nprogram placements to be made to the board of education or trustees.\nSuch notice shall, where a child has been placed in a residential\nprogram by a committee on special education, or has been determined to\nbe at risk of such a placement pursuant to subparagraph four of\nparagraph b of subdivision one of section forty-four hundred two of this\narticle, also notify the parent or other person in parental relationship\nthat the child is not entitled to receive free educational services or\nto remain in a residential educational program after the age of\ntwenty-one, the receipt of a high school diploma or the time described\nin subdivision five of this section.\n * (d) Advise the board of education or trustees concerning the\nfrequency and nature of periodic reevaluations of students with\ndisabilities by appropriate specialists, provided, however, that each\nstudent in a special program or a special class shall be reevaluated by\nqualified appropriate school personnel at least once every three years,\nexcept where the school district and the parent or person in parental\nrelation to the student agree in writing that such a reevaluation is\nunnecessary. A reevaluation of a student with a disability shall be\nconducted by qualified individuals, in accordance with regulations of\nthe commissioner consistent with the requirements of a reevaluation as\ndefined by the applicable federal regulation. A reevaluation may not be\nconducted more than once a year unless the parent or person in parental\nrelation to the student and the school district otherwise agree.\n * NB Effective until June 30, 2027\n * (d) Advise the board of education or trustees concerning the\nfrequency and nature of periodic reevaluations of students with\ndisabilities by appropriate specialists, provided, however, that each\nstudent in a special program or a special class shall be reevaluated by\nqualified appropriate school personnel at least once every three years.\nA reevaluation of a student with a disability shall be conducted by\nqualified individuals, in accordance with regulations of the\ncommissioner consistent with the requirements of a reevaluation as\ndefined by the applicable federal regulation.\n * NB Effective June 30, 2027\n (d-1) Each school district shall develop policies, pursuant to\nregulations of the commissioner, to provide special services or\nprograms, to the extent appropriate to the needs of the child, to enable\nthe child to be involved in and progress in the general education\ncurriculum.\n (e) Make, or have made, periodic evaluations of the adequacy of\nprograms, services and facilities for children with disabilities.\n (f) Report periodically, but at least annually, to the board of\neducation or trustees on the status of programs, services, and\nfacilities made available by the school district in accordance with the\nprovisions of subdivision eight of section thirty-six hundred two of\nthis chapter. Such reports shall be kept on file for inspection by the\ncommissioner.\n (g) Provide for the transmittal of information by the board of\neducation, including such test results and evaluations as the committee\nmay have collected, to the home district of the child with a disability\nin cases where the home school district has contracted for the child's\neducation with another school district or board of cooperative\neducational services.\n (h) Provide the form developed pursuant to subdivision twenty-two of\nsection four of the veterans' services law to the parent or person in\nparental relation of a child designated by the committee as either\ndisabled or emotionally disturbed.\n (i) Provide, to the extent appropriate to the individual needs of the\nstudent with a disability that such student is educated in a setting\nwith students who are nondisabled.\n * (i) In accordance with the regulations of the commissioner and\nsubsection (k) of section fourteen hundred fifteen of title twenty of\nthe United States code and the implementing federal regulations, to\ndevelop a functional behavioral assessment plan, to review, or revise,\nas appropriate, a behavioral intervention plan, to develop appropriate\nbehavioral interventions and to review and revise, as appropriate, the\nimplementation of a behavioral intervention plan, to address the\nbehavior of a student with a disability who is alleged to have engaged\nin misconduct, to the extent required by federal law and regulations.\n * NB Effective June 30, 2027\n * (j) In accordance with the regulations of the commissioner and\nsubsection (k) of section fourteen hundred fifteen of title twenty of\nthe United States code and the implementing federal regulations, to\nconduct a functional behavioral assessment, to review, or revise, as\nappropriate or necessary, and implement a behavioral intervention plan,\nto develop appropriate behavioral interventions and to review and\nrevise, as appropriate or necessary, the implementation of a behavioral\nintervention plan, to address the behavior of a student with a\ndisability who is alleged to have engaged in misconduct, to the extent\nrequired by federal law and regulations.\n * NB Effective until June 30, 2027\n * (j) In accordance with the regulations of the commissioner and\nsubsection (k) of section fourteen hundred fifteen of title twenty of\nthe United States code and the implementing federal regulations, to\nconduct a review to determine whether behavior of a student with a\ndisability which violates the applicable school rules or code of conduct\nand results in a change in placement under federal law, including but\nnot limited to placement in an interim alternative educational setting\npursuant to clause (iv) or (vii) of subparagraph three of paragraph g of\nsubdivision three of section thirty-two hundred fourteen of this\nchapter, was a manifestation of the student's disability, provided that\nother qualified school district personnel may participate in such\nreview.\n * NB Effective June 30, 2027\n * (k) In accordance with the regulations of the commissioner and\nsubsection (k) of section fourteen hundred fifteen of title twenty of\nthe United States code and the implementing federal regulations, to\ndetermine the setting and services to be provided in the interim\nalternative educational setting for a student with a disability who\ncarries or possesses a weapon to or at school, on school premises, or to\nor at a school function or knowingly possesses or uses illegal drugs or\nsells or solicits the sale of a controlled substance while at school or\na school function or who has inflicted serious bodily injury upon\nanother person as defined in federal law and the setting and services to\nbe provided to a student with a disability in an interim alternative\neducational setting or other setting who is removed because of behavior\nthat has been determined not to be a manifestation of the student's\ndisability.\n * NB Effective until June 30, 2027\n * (k) In accordance with the regulations of the commissioner and\nsubsection (k) of section fourteen hundred fifteen of title twenty of\nthe United States code and the implementing federal regulations, to\ndetermine the services to be provided in the interim alternative\neducational placement for a student with a disability who carries or\npossesses a weapon to or at school, on school premises, or to or at\nschool function or knowingly possesses or uses illegal drugs or sells or\nsolicits the sale of a controlled substance while at school or a school\nfunction and the services to be provided to a student with a disability\nwho is removed because of behavior that has been determined not to be a\nmanifestation of the student's disability.\n * NB Effective June 30, 2027\n (l) In accordance with the regulations of the commissioner and the\nprovisions of subsection (k) of section fourteen hundred fifteen of\ntitle twenty of the United States code, and the implementing federal\nregulations, to conduct expedited evaluations under the circumstances\nspecified in such federal law and regulations and to conduct such\nreviews and make such determinations regarding students presumed to have\na disability for discipline purposes as defined in subdivision three of\nsection thirty-two hundred fourteen of this chapter as are required\nunder the federal individuals with disabilities education act and\nimplementing regulations.\n (3-a) The members of the committee or subcommittee may compile a list\nof appropriate and/or helpful services that may be available outside of\nthe school setting to provide the parents or person in parental relation\nof a child with a disability with such information. Such list shall\nclearly state that these services are in addition to services supplied\nby the school district and will not be paid for by the school district.\nAny member of a committee or subcommittee or his or her respective\nschool district who, acting reasonably and in good faith, provides such\ninformation shall not be liable for such action.\n (4) (a) When the committee on special education of a local school\ndistrict determines that a child who is living in his or her own home is\nat risk of a future placement in a residential school, as determined in\naccordance with guidelines established by the department pursuant to\nsubdivision nineteen of section forty-four hundred three of this\narticle, the committee shall provide the parent or other person in\nparental relationship with information, where such information has been\nmade available to the committee, about the community support services\nthat may be available to the family, including an assessment of the\nfamily's community support services needs in accordance with such\nguidelines and, where such an assessment is available, the name and\naddress of the agency which can perform the assessment.\n * (b) When the committee on special education of a local school\ndistrict determines that a child who is receiving foster care is at risk\nof a future placement in a residential school, the committee, with the\nconsent of the parent or person in parental relation or the student, if\nhe or she is over the age of eighteen, shall notify the social services\ndistrict responsible for the child of its determination that the child\nis at risk of placement.\n * NB Effective until June 30, 2027\n * (b) When the committee on special education of a local school\ndistrict determines that a child who is receiving foster care is at risk\nof a future placement in a residential school, the committee shall\nnotify the social services district responsible for the child of its\ndetermination that the child is at risk of placement.\n * NB Effective June 30, 2027\n * (c) The committee on special education, with the consent of the\nparent or person in parental relation or the student, if he or she is\nover the age of eighteen, shall request in writing a designee of the\nappropriate county or state agency to participate, in accordance with\nguidelines established by the department, in any proceeding of the\ncommittee where a child is at risk of residential placement. The\ncommittee shall forward a copy of any such request to the office for\npeople with developmental disabilities and the office of mental health.\nA designee or designees of the agency may participate in any such\nproceeding for the purpose of making recommendations concerning the\nappropriateness of residential placement and other programs and\nplacement alternatives, including, but not limited to, community support\nservices that may be available to the family. Such designee or designees\nshall not be considered members of the committee. Such designee or\ndesignees shall include, but not be limited to, representatives of any\nagency receiving coordinated children's services initiative funding as\nreferenced in the aid to localities budget, of a local interagency\ncoordinating body, of the social services district, the local mental\nhealth agency, or health department, or of the developmental\ndisabilities service office, as appropriate. The name of such designee\nor designees, if any, shall be made available to each committee on\nspecial education in the county. In addition, with the consent of the\nparent or other person in parental relation, the committee may confer\nwith other appropriate providers of services to identify any services\nthat may be of benefit to the family based on the family's\nidentification of or the committee's observation of family services\nneeds. As used in this chapter, the term "county" means county as\ndefined in section four thousand one of this title, and the term\n"appropriate agency" means one of the following agencies:\n (i) a local interagency body capable of performing a multidisciplinary\nassessment of the family's community support services needs; or\n (ii) if no such agency exists in the locality, any county agency which\nis receiving state coordinated children's services initiative funding as\nreferenced in the aid to localities budget; or\n (iii) where neither such agency exists in the locality, either the\narea developmental disabilities services office, where the primary\nreason the child is at risk of placement relates to a developmental\ndisability, or the local mental health agency, where the primary reason\nthe child is at risk of placement relates to any other mental\ndisability.\n * NB Effective until June 30, 2027\n * (c) The committee on special education shall request in writing a\ndesignee of the appropriate county or state agency to participate, in\naccordance with guidelines established by the department, in any\nproceeding of the committee where a child is at risk of residential\nplacement. The committee shall forward a copy of any such request to the\noffice for people with developmental disabilities and the office of\nmental health. A designee or designees of the agency may participate in\nany such proceeding for the purpose of making recommendations concerning\nthe appropriateness of residential placement and other programs and\nplacement alternatives, including, but not limited to, community support\nservices that may be available to the family. Such designee or designees\nshall not be considered members of the committee. Such designee or\ndesignees shall include, but not be limited to, representatives of any\nagency receiving coordinated children's services initiative funding as\nreferenced in the aid to localities budget, of a local interagency\ncoordinating body, of the social services district, the local mental\nhealth agency, or health department, or of the developmental\ndisabilities service office, as appropriate. The name of such designee\nor designees, if any, shall be made available to each committee on\nspecial education in the county. In addition, with the consent of the\nparent or other person in parental relationship, the committee may\nconfer with other appropriate providers of services to identify any\nservices that may be of benefit to the family based on the family's\nidentification of or the committee's observation of family services\nneeds. As used in this chapter, the term "county" means county as\ndefined in section four thousand one of this title, and the term\n"appropriate agency" means one of the following agencies:\n (i) a local interagency body capable of performing a multidisciplinary\nassessment of the family's community support services needs; or\n (ii) if no such agency exists in the locality, any county agency which\nis receiving state coordinated children's services initiative funding as\nreferenced in the aid to localities budget; or\n (iii) where neither such agency exists in the locality, either the\narea developmental disabilities services office, where the primary\nreason the child is at risk of placement relates to a developmental\ndisability, or the local mental health agency, where the primary reason\nthe child is at risk of placement relates to any other mental\ndisability.\n * NB Effective June 30, 2027\n (d) Nothing in this subparagraph shall be construed to establish an\nentitlement to or constitute a determination of eligibility for any such\nassessment or services, or to require the school district to pay the\ncosts of such assessment or services or to require that such services be\nreflected in the plan of educational services and programs recommended\nor approved for the child, or to limit educational services to be made\navailable to the child or to justify the denial, reduction, or delay of\nsuch services to the child. No cause of action for damages shall arise\nin favor of any person by reason of any failure to comply with the\nprovisions of this section except upon a showing of gross negligence or\nwillful misconduct.\n (e) Notwithstanding any inconsistent provision of law, residential\nschools are authorized to provide temporary care for persons over age\ntwenty-one who are receiving transitional care as described in section\n7.37-a or 13.37-a of the mental hygiene law, or on whose behalf\ntemporary payments are being made pursuant to sections 7.38 or 13.38 of\nthe mental hygiene law, where such persons were in the care of the\nresidential school at the time of their twenty-first birthday and such\npersons have remained continuously in the care of the residential school\nsince their twenty-first birthday.\n (f) Notwithstanding any inconsistent provision of law, in any case\nwhere an individual receiving transitional care is about to be\ntransferred from a residential school to an adult placement, a transfer\nplan shall be prepared by the sending facility and forwarded to the\nreceiving facility, the individual and, unless the individual objects,\nthe parents, guardian or other family members prior to the transfer. The\ntransfer plan shall include any information necessary to facilitate a\nsafe transfer, such as specific problems, a schedule for administering\nmedications and behavior unique to the individual.\n (5) The committee on special education or, in the case of a state\noperated school, the multidisciplinary team shall not later than the\nannual review prior to the eighteenth birthday of a student with a\ndisability who is placed in a residential program by the committee or\nmultidisciplinary team, or a student with a disability who is placed in\na day program but the committee or multidisciplinary team has determined\nthat the student is likely to require adult residential services, with\nthe consent of the parents, notify and invite a representative of the\noffice of mental health, office for people with developmental\ndisabilities, or the state education department, as appropriate, to\nparticipate in the committee on special education meeting for the\ndevelopment of a recommendation for adult services pursuant to section\n7.37 or 13.37 of the mental hygiene law, section three hundred\nninety-eight-c of the social services law or section forty-four hundred\nthree of this article. The committee or multidisciplinary team shall\ngive the parent or guardian of the child, the opportunity to consent in\nwriting to the release of relevant information to such other public\nagency or agencies, upon request of such agency or agencies, for\npurposes of determining appropriateness of an adult program for such\nstudent.\n (a) For the purposes of this subparagraph "relevant information" shall\nbe defined as that information in the possession of and used by the\ncommittee or the multidisciplinary team to ascertain the physical,\nmental, emotional and cultural-educational factors which contribute to\nthe student's disability, including but not limited to: (i) results of\nphysical and psychological examinations performed by private and school\ndistrict physicians and psychologists; (ii) relevant information\npresented by the parent, guardian and teacher; (iii) school data which\nbear on the student's progress including the student's most recent\nindividualized education program; (iv) results of the most recent\nexaminations and evaluations performed pursuant to clause (d) of\nsubparagraph three of this paragraph; and (v) results of other suitable\nevaluations and examinations possessed by the committee or\nmultidisciplinary team. Nothing in this subparagraph shall be construed\nto require any committee or multidisciplinary team to perform any\nexamination or evaluation not otherwise required by law.\n (b) Upon consent obtained pursuant to this subparagraph, the committee\nor multidisciplinary team shall forward the student's name and other\nrelevant information in a report to the appropriate public agency as\ndetermined by the committee or multidisciplinary team, based upon the\nstudent's disability and physical, mental, emotional and social needs.\nThe committee shall forward additional and updated relevant information\nto the appropriate public agency upon the request for such information\nby such agency, with the consent of the parents, or the student, if such\nstudent is eighteen years or older.\n (c) When the committee or multidisciplinary team is notified by the\npublic agency which received the report that such state agency is not\nresponsible for determining and recommending adult services for the\nchild, the committee or multidisciplinary team shall forward the report\nto another public agency; or, if the committee or multidisciplinary team\ndetermines that there exists a dispute as to which state agency has the\nresponsibility for determining and recommending adult services, the\ncommittee or multidisciplinary team may forward the report to the\ncouncil on children and families for a resolution of such dispute.\n (6) The committee on special education shall provide a copy of the\nhandbook for parents of children with disabilities established under\nsubdivision eight of section four thousand four hundred three of this\narticle or a locally approved booklet for parents of children with\ndisabilities to the parents or person in parental relationship to a\nchild as soon as practicable after such child has been referred for\nevaluation to the committee on special education.\n 2. a. The board of education or trustees of each school district shall\nbe required to furnish suitable educational opportunities for students\nwith disabilities by one of the special services or programs listed in\nsubdivision two of section forty-four hundred one of this article. The\nneed of the individual child shall determine which of such services\nshall be rendered. Each district shall provide to the maximum extent\nappropriate such services in a manner which enables students with\ndisabilities to participate in regular education services when\nappropriate. Such services or programs shall be furnished between the\nmonths of September and June of each year, except that for the nineteen\nhundred eighty-seven--eighty-eight school year and thereafter, with\nrespect to the students whose disabilities are severe enough to exhibit\nthe need for a structured learning environment of twelve months duration\nto maintain developmental levels, the board of education or trustees of\neach school district upon the recommendation of the committee on special\neducation shall also provide, either directly or by contract, for the\nprovision of special services and programs as defined in section\nforty-four hundred one of this article during the months of July and\nAugust as contained in the individualized education program for each\neligible student, and with prior approval by the commissioner if\nrequired; provided that a student with a disability who is eligible for\nservices, including services during the months of July and August,\npursuant to section forty-four hundred ten of this article shall not be\neligible to receive services pursuant to this paragraph during the\nmonths of July and August.\n b. (1) Provided, however, that in each school district the board of\neducation or trustees of such district are hereby authorized and\nempowered to contract for such special services or programs as such\nboard shall deem reasonable and appropriate for such children with\ndisabilities after consideration of the recommendations of the local\ncommittee on special education and the hearing officer if a hearing is\nheld pursuant to section forty-four hundred four of this chapter and,\nwhere specified in subparagraph two of this paragraph, with the approval\nof the commissioner after a finding by him that no appropriate special\nservices or programs specified in paragraphs a through d and k of\nsubdivision two of section forty-four hundred one are available.\n (2) The board shall select the most reasonable and appropriate special\nservice or program for such children from those programs specified in\nparagraphs a, b, c, e, f, g, h, i, k, l and m of subdivision two of\nsection forty-four hundred one of this article upon receipt of the\nrecommendation of the committee on special education. All contracts with\nschools pursuant to the provisions of paragraphs d, e, f, g, h, l and m\nof subdivision two of section forty-four hundred one of this article\nshall be subject to the approval of the commissioner. All contracts\nunder paragraph c of subdivision two of section forty-four hundred one\nshall be made in accordance with the provisions of subdivision four of\nsection nineteen hundred fifty of this chapter. No child shall be placed\nin a residential school nor shall a board recommend placement in a\nresidential facility specified in paragraph j of subdivision two of\nsection forty-four hundred one unless there is no appropriate\nnonresidential school available consistent with the needs of the child.\nThe board shall provide written notice of its determination to the\nparent or legal guardian of such child. If the determination of the\nboard of education is not consistent with the recommendations of the\ncommittee on special education, such notice shall include the statement\nof the reasons for such determination which shall identify the factors\nconsidered by the committee on special education in its evaluation.\n (3) If the board cannot secure an appropriate special service within\nthe state or non-residential program to meet the needs of the child, it\nshall notify the commissioner.\n c. Nothing in this section shall be deemed or construed to prohibit a\ncommittee on special education from recommending a special service or\nprogram specified in paragraph d of subdivision two of section\nforty-four hundred one of this chapter or to diminish the power of the\ncommissioner to make appointments pursuant to such paragraph.\n * d. 1. Notwithstanding any provision of law, rule or regulation to\nthe contrary, the board of education or trustees of a school district,\nexcept a city school district in a city with a population of one million\nor more inhabitants may, upon written notice to the commissioner in\ncompliance with subparagraph two of this paragraph and parental\nnotification, for the remainder of the school year exceed the standards\nestablished in regulation for special education class sizes for middle\nand secondary school students as defined by the commissioner for\npurposes of this section by no more than a twenty percent increase above\nsuch standards, provided that the district is in compliance with such\nstandards at the start of classes in September of the school year, and\nfurther provided that a city school district in a city with a population\nof one hundred twenty-five thousand or more and less than one million\ninhabitants shall have the option of either increasing maximum class\nsizes in any school year pursuant to this section or establishing class\nsizes for special classes for certain students with disabilities in\naccordance with the provisions of subdivision six of this section.\n 2. The notice shall be on a form prescribed by the commissioner, and\nshall sufficiently demonstrate educational justification and consistency\nwith continuing an appropriate education for all children affected. The\ncommissioner may revoke or preempt any increase in class size upon a\nfinding that increasing class size as proposed would fail to be\nconsistent with appropriate special education.\n * NB Repealed July 1, 2026\n 3. Each school district shall make available a register of public or\nprivate agencies and other professional resources within the county from\nwhich a parent or person in parental relationship may obtain an\nindependent evaluation of the child.\n 4. a. The board of education or the board of trustees of each school\ndistrict shall provide suitable transportation to and from special\nclasses or programs, with the exception of residential facilities for\nthe care and treatment of children with disabilities under the\njurisdiction of an agency of the state other than the state department\nof education, as specified in subdivisions two and four of section\nforty-four hundred one of this article.\n b. Such board may permit any adult, willing to serve without\ncompensation, to act as an attendant for such children.\n c. Such board shall be empowered to contract for transportation\nservices provided pursuant to this subdivision with any municipality,\nBoard of Cooperative Educational Services, public authority or private\ncontractor meeting the school bus provisions outlined in section\nthirty-six hundred twenty-three of this chapter and the standards and\nspecifications relating thereto.\n d. Notwithstanding any other provision of law, such board shall\nprovide suitable transportation up to a distance of fifty miles to and\nfrom a nonpublic school which a child with a disability attends if such\nchild has been so identified by the local committee on special education\nand such child attends such school for the purpose of receiving services\nor programs similar to special educational programs recommended for such\nchild by the local committee on special education.\n 5. Notwithstanding any provisions of this article to the contrary or\nthe provisions of section thirty-two hundred two of this chapter, a\nchild with a disability who reaches the age of twenty-one during (a) the\nperiod commencing with the first day of July and ending on the\nthirty-first day of August shall if otherwise eligible, be entitled to\ncontinue in a July and August program until the thirty-first day of\nAugust or until the termination of the summer program, whichever shall\nfirst occur; or (b) the period commencing on the first day of September\nand ending on the thirtieth day of June shall be entitled to continue in\nsuch program until the thirtieth day of June or until the termination of\nthe school year, whichever shall first occur.\n 6. Notwithstanding any other law, rule or regulation to the contrary,\nthe board of education of a city school district with a population of\none hundred twenty-five thousand or more inhabitants shall be permitted\nto establish maximum class sizes for special classes for certain\nstudents with disabilities in accordance with the provisions of this\nsubdivision. For the purpose of obtaining relief from any adverse fiscal\nimpact from under-utilization of special education resources due to low\nstudent attendance in special education classes at the middle and\nsecondary level as determined by the commissioner, such boards of\neducation shall, during the school years nineteen hundred\nninety-five--ninety-six through June thirtieth, two thousand twenty-six,\nbe authorized to increase class sizes in special classes containing\nstudents with disabilities whose age ranges are equivalent to those of\nstudents in middle and secondary schools as defined by the commissioner\nfor purposes of this section by up to but not to exceed one and two\ntenths times the applicable maximum class size specified in regulations\nof the commissioner rounded up to the nearest whole number, provided\nthat in a city school district having a population of one million or\nmore, classes that have a maximum class size of fifteen may be increased\nby no more than one student and provided that the projected average\nclass size shall not exceed the maximum specified in the applicable\nregulation, provided that such authorization shall terminate on June\nthirtieth, two thousand. Such authorization shall be granted upon filing\nof a notice by such a board of education with the commissioner stating\nthe board's intention to increase such class sizes and a certification\nthat the board will conduct a study of attendance problems at the\nsecondary level and will implement a corrective action plan to increase\nthe rate of attendance of students in such classes to at least the rate\nfor students attending regular education classes in secondary schools of\nthe district. Such corrective action plan shall be submitted for\napproval by the commissioner by a date during the school year in which\nsuch board increases class sizes as provided pursuant to this\nsubdivision to be prescribed by the commissioner. Upon at least thirty\ndays notice to the board of education, after conclusion of the school\nyear in which such board increases class sizes as provided pursuant to\nthis subdivision, the commissioner shall be authorized to terminate such\nauthorization upon a finding that the board has failed to develop or\nimplement an approved corrective action plan.\n 7. a. The board of education or trustees of each school district and\nthe board of trustees of each charter school shall adopt a policy to\nensure that each regular education teacher, special education teacher,\nrelated service provider, and other service provider who is responsible\nfor the implementation of a student's individualized education program\nshall be given a copy of such student's individualized education program\nprior to the implementation of such program or shall be able to access\nsuch student's individualized education program electronically;\nprovided, however, if the policy provides that the student's\nindividualized education program is to be accessed electronically, then\nsuch policy shall also ensure that the individuals responsible for the\nimplementation of a student's individualized education program shall be\nnotified and trained on how to access such individualized education\nprograms electronically.\n b. Such policy shall require that any copy of a student's\nindividualized education program provided pursuant to this subdivision\nshall remain confidential and shall not be redisclosed to any other\nperson, in compliance with federal and state laws and regulations,\nincluding the Individuals with Disabilities Education Act and the Family\nEducational Rights and Privacy Act.\n c. Such policy shall require the chair of the committee on special\neducation to designate a professional employee of the school district\nwith knowledge of the student's disability and education program to,\nprior to the implementation of the individualized education program,\ninform each teacher, assistant and support staff person of his or her\nresponsibility relating to the implementation of the individualized\neducation program and the specific accommodations, modifications, and\nsupports that must be provided for the student in accordance with the\nindividualized education program.\n 8. Upon their child's enrollment or attendance in a public school,\nsuch school shall notify every parent or person in parental relation of\ntheir rights regarding referral and evaluation of their child for the\npurposes of special education services or programs pursuant to\napplicable federal and state laws. Such notification may be provided by\ndirecting parents or persons in parental relation to obtain information\nlocated on the department's website relating to a parent's guide to\nspecial education in New York state for children ages three through\ntwenty-one provided the notification shall also contain the name and\ncontact information for the chairperson of the school district's\ncommittee on special education or other individual who is charged with\nprocessing referrals to the committee in the district.\n 9. The board of education or trustees of each school district shall\ndevelop a procedure to notify the parent or person in parental relation\nof a student with a disability on the same day a physical or mechanical\nrestraint is applied on such student or such student is placed in a time\nout room. When the student's parent or person in parental relation\ncannot be contacted after reasonable attempts are made, the principal\nshall record and report such attempts to the committee on special\neducation.\n