§ 4403 — Duties of education department

New York § 4403

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

Text

§ 4403. Duties of education department. The state education department\nshall have power and it shall be its duty: 1. To maintain a statistical\nsummary of the number of children with disabilities who reside within\nthe state and the nature of their disabilities and to use all means and\nmeasures necessary to adequately meet the physical and educational needs\nof such children, as provided by law.\n 2. To stimulate all private and public efforts designed to relieve,\ncare for or educate children with disabilities and to coordinate such\nefforts with the work and function of governmental agencies.\n 3. To formulate such rules and regulations pertaining to the physical\nand educational needs of such children as the commissioner of education\nshall deem to be in their best interests. In the city school district of\nthe city of New York in complying with any rules or regulations\npromulgated under this section relating to maximum group size, other\nthan regulations prescribing the maximum class size in self-contained\nspecial education classes, the commissioner shall allow school districts\na variance of up to fifty percent rounded up to the nearest whole number\nfrom the maximum number of students as specified in regulation in an\ninstructional group in a resource room program, a related service group,\nand the total number of students assigned to a resource room teacher.\n 4. To periodically inspect, report on the adequacy of and make\nrecommendations concerning instructional programs or special services\nfor all children with disabilities who reside in or attend any state\noperated or state financed social service facilities, youth facilities,\nhealth facilities, mental health, and developmental disabilities\nfacilities or state correctional facilities.\n 5. To require such financial information as may be necessary from and\nto audit any public or non-public school receiving any public moneys\npursuant to any provision of the education law as the commissioner deems\nappropriate.\n * 6. To provide for an advisory panel, appointed by the commissioner\ncomposed of individuals involved in or concerned with the education of\nchildren with disabilities, including individuals with disabilities,\nteachers of children with disabilities, parents or persons in parental\nrelation of children or individuals with disabilities from birth to age\ntwenty-six, state and local educational officials, including officials\nwho carry out activities under subtitle B of title seven of the\nMcKinney-Vento homeless assistance act (section eleven thousand four\nhundred thirty-one of title forty-two of the United States code, et\nseq.), representatives of state or regional associations concerned with\nthe education of children with disabilities, representatives of\ninstitutions of higher education that prepare special education teachers\nor administrators and/or related services personnel, administrators of\nprograms for students with disabilities, a representative of the office\nof children and family services with responsibility for foster care,\nrepresentatives of other state agencies involved in the financing or\ndelivery of related services to children with disabilities,\nrepresentatives of nonpublic schools and, upon establishment of such\nschools, representatives of public charter schools, not less than one\nrepresentative of a vocational, community or business organization\nconcerned with the provision of transition services to students with\ndisabilities, and representatives of state juvenile and adult\ncorrections agencies, to advise the governor, legislature and\ncommissioner of unmet needs within the state in the education of\nchildren with disabilities, in developing procedures for evaluation of\nthe special education system and the reporting of data as required by\nfederal law, in developing corrective action plans to address findings\nidentified in federal monitoring reports, in developing and implementing\npolicies relating to coordination of services, and on the education of\nstudents with disabilities who have been convicted as adults and\nincarcerated in adult prisons and to comment publicly on any rules or\nregulations proposed for issuance by the commissioner regarding the\neducation of children with disabilities and the procedures for\ndistribution of funds under this article. A majority of the members of\nthe advisory panel shall be individuals with disabilities or parents of\nchildren with disabilities. Such panel members shall serve without\ncompensation except that such members shall be entitled to reimbursement\nfor actual and necessary expenses incurred in such service.\n * NB Effective until June 30, 2027\n * 6. To provide for an advisory panel, appointed by the commissioner\ncomposed of individuals involved in or concerned with the education of\nchildren with disabilities, including individuals with disabilities,\nteachers of children with disabilities, parents or persons in parental\nrelationship of children with disabilities, state and local educational\nofficials, representatives of state or regional associations concerned\nwith the education of children with disabilities, representatives of\ninstitutions of higher education that prepare special education teachers\nor administrators and/or related services personnel, administrators of\nprograms for students with disabilities, representatives of other state\nagencies involved in the financing or delivery of related services to\nchildren with disabilities, representatives of nonpublic schools and,\nupon establishment of such schools, representatives of public charter\nschools, at least one representative of a vocational, community or\nbusiness organization concerned with the provision of transition\nservices to students with disabilities, and representatives of state\njuvenile and adult corrections agencies, to advise the governor,\nlegislature and commissioner of unmet needs within the state in the\neducation of children with disabilities, in developing procedures for\nevaluation of the special education system and the reporting of data as\nrequired by federal law, in developing corrective action plans to\naddress findings identified in federal monitoring reports, in developing\nand implementing policies relating to coordination of services, and on\nthe education of students with disabilities who have been convicted as\nadults and incarcerated in adult prisons and to comment publicly on any\nrules or regulations proposed for issuance by the commissioner regarding\nthe education of children with disabilities and the procedures for\ndistribution of funds under this article. A majority of the members of\nthe advisory panel shall be individuals with disabilities or parents of\nchildren with disabilities. Such panel members shall serve without\ncompensation except that such members shall be entitled to reimbursement\nfor actual and necessary expenses incurred in such service.\n * NB Effective June 30, 2027\n 7. To define, no later than July first, nineteen hundred\nseventy-seven, in a report to the legislature and the governor, specific\ncriteria for determining whether a particular disorder or condition may\nbe considered a specific learning disability and to describe in such\nreport diagnostic procedures which can be used in determining whether a\nparticular child has such a disorder or condition, and to recommend in\nsuch report, in consultation with the division of the budget, a cost\neffective program proposal and finance recommendations.\n 8. To develop and distribute a handbook for parents of children with\ndisabilities and the members of committees and subcommittees on special\neducation, which handbook shall explain, in layman terms, the financial\nand educational obligations of the state, the county or city, the home\nschool district, the committee on special education, and the parent or\nlegal guardian of a child with disabilities, the special services or\nprograms available pursuant to this article, and the legal procedures\navailable to an aggrieved parent or legal guardian of a child with\ndisabilities.\n 9. To make provision by regulation of the commissioner to assure the\nconfidentiality of any personally identifiable data, information, and\nrecords collected or maintained by the state department of education or\nany school district, including a committee or subcommittee on special\neducation, and the officers, employees or members thereof, pursuant to\nor in furtherance of the purposes of this article, and shall establish\nprocedures upon which any such personally identifiable data,\ninformation, or records may be disclosed.\n 10. a. The commissioner shall determine whether a child, whose report\nis submitted to the department pursuant to clause (b) or (d) of\nsubparagraph five of paragraph b of subdivision one of section\nforty-four hundred two of this article or subdivision thirteen of\nsection three hundred ninety-eight of the social services law, will\nlikely need adult services and, if such need will likely exist, develop\na recommendation of all appropriate adult programs operated or approved\nby the department which may be available. If necessary and appropriate,\nthe commissioner may conduct an evaluation of the child to determine if\nadult services will be needed. Such recommendation of all programs shall\nbe made available to the parent or guardian of such child as soon as\npracticable but no later than six months before such child attains the\nage of twenty-one.\n b. If the commissioner determines, pursuant to paragraph a of this\nsubdivision, that such child will not require adult services, the\ncommissioner shall notify the child's parent or guardian in writing of\nsuch determination. Such notice shall be given as soon as practicable\nbut no later than six months before the child attains the age of\ntwenty-one.\n c. Notwithstanding paragraphs a and b of this subdivision, the\ncommissioner may determine that the education department is not\nresponsible for determining and recommending adult services for such\nchild. When such a determination is made it shall be made as soon as\npracticable after receiving the report and the commissioner shall\npromptly notify in writing the committee on special education,\nmultidisciplinary team or social services official who sent the report\nthat such determination has been made. Such notice shall state the\nreasons for the determination and may recommend a state agency which may\nbe responsible for determining and recommending adult services.\n d. Nothing in this subdivision shall be construed to create an\nentitlement to adult services.\n e. A designee of the commissioner may carry out the functions of the\ncommissioner described in this subdivision.\n 11. To promulgate regulations concerning standards for the protection\nof children in residential care from reportable incidents in accordance\nwith this section and article eleven of the social services law,\nincluding procedures for:\n (a) consistent with appropriate collective bargaining agreements and\napplicable provisions of the civil service law, the review and\nevaluation of the backgrounds of and the information supplied by any\nperson applying to be an employee, a volunteer or consultant, which\nshall include but not be limited to the following requirements: that the\napplicant set forth his or her employment history, provide personal and\nemployment references, and relevant experiential and educational\nqualifications and, sign a sworn statement indicating whether the\napplicant, to the best of his or her knowledge has ever been convicted\nof a crime in this state or any other jurisdiction;\n (b) establishing, for employees, relevant minimal experiential and\neducational qualifications, consistent with appropriate collective\nbargaining agreements and applicable provisions of the civil service\nlaw;\n (c) assuring adequate and appropriate supervision of employees,\nvolunteers and consultants;\n (d) demonstrating by a residential facility or program that\nappropriate action is taken to assure the safety of the child who is\nalleged to have been subjected to a reportable incident in a report to\nthe vulnerable persons' central register in accordance with section four\nhundred ninety-two of the social services law as well as other children\nin care, immediately upon notification that such a report of an\nallegation of a reportable incident has been made with respect to a\nchild in such residential facility or program;\n (e) removing a child when it is determined that there is risk to such\nchild if he or she continues to remain within a residential facility or\nprogram; and\n (f) appropriate preventive and remedial action to be taken including\nlegal actions, consistent with appropriate collective bargaining\nagreements and applicable provisions of the civil service law.\n Such standards shall also establish as a priority requirements that:\n (A) subject to amounts appropriated therefor, administrators,\nemployees, volunteers and consultants receive training in at least the\nfollowing: child abuse prevention and identification, safety and\nsecurity procedures, the principles of child development, the\ncharacteristics of children in care, and techniques of group and child\nmanagement including crisis intervention, the laws, regulations and\nprocedures governing the protection of children from reportable\nincidents, and other appropriate topics, provided however, that the\ndepartment may exempt administrators and consultants from such\nrequirements upon demonstration of substantially equivalent knowledge or\nexperience; and\n (B) subject to the amounts appropriated therefor, children receive\ninstruction, consistent with their age, needs and circumstances as well\nas the needs and circumstances within the program, in techniques and\nprocedures which will enable such children to advocate for and protect\nthemselves from reportable incidents.\n The department shall take all reasonable and necessary actions to\nassure that employees, volunteers and consultants in residential\nfacilities and programs are kept apprised on a current basis of all\ndepartment policies and procedures relating to the protection of\nchildren from reportable incidents and shall monitor and supervise the\nprovision of training to such administrators, employees, volunteers,\nchildren and consultants. Regulations and standards developed pursuant\nto this subdivision shall, to the extent possible, be consistent with\nthose promulgated by other state agencies for such purposes.\n (g) consistent with applicable collective bargaining agreements,\nassuring that an individual who has committed a category one offense, as\ndefined in paragraph (a) of subdivision four of section four hundred\nninety-three of the social services law, that is included on the\nvulnerable persons' central register is not hired or otherwise used in\nany position in which such individual would have regular and substantial\ncontact with a service recipient in any program described in paragraph\n(e) of subdivision four of section four hundred eighty-eight of the\nsocial services law.\n 12. To provide for the development and implementation of a plan of\nprevention and remediation with respect to a substantiated report of\nabuse or neglect. Such action shall include: (a) within ten days of\nreceipt of such a substantiated report, development and implementation\nof a plan of prevention and remediation to be taken with respect to a\ncustodian or the residential facility in order to assure the continued\nhealth and safety of children and to provide for the prevention of\nfuture acts constituting reportable incidents; and (b) development and\nimplementation of a plan of prevention and remediation, in the event an\ninvestigation of an allegation of abuse or neglect determines that a\npreponderance of the evidence of such allegation exists and such\nsubstantiated allegation may be attributed in whole or in part to\nnoncompliance by the residential facility or program with provisions of\nthis chapter or regulations of the department applicable to the\noperation of such residential facility or program. Any plan of\nprevention and remediation required to be developed pursuant to this\nsubdivision by a facility supervised by the department shall be\nsubmitted to and approved by the department in accordance with time\nlimits established by regulations of the department. Implementation of\nthe plan shall be monitored by the department. In reviewing the\ncontinued qualifications of a residential facility or program for an\noperating certificate, the department shall evaluate such facility's\ncompliance with plans of prevention and remediation developed and\nimplemented pursuant to this subdivision.\n 13. To provide technical assistance to school districts for\nappropriate evaluation and assessment.\n 14. To provide technical assistance to school districts to assist in\nthe adaptation of curriculum for the instruction of children with\ndisabilities.\n 15. To provide technical assistance to school districts to assist in\ndeveloping criteria for placement in special education and criteria for\nreviewing the ability of a pupil to participate in regular education.\n 16. Commencing with the nineteen hundred eighty-seven--eighty-eight\nschool year, to provide for instruction during the months of July and\nAugust of students with disabilities who have received state\nappointments pursuant to article eighty-five, eighty-seven or\neighty-eight of this chapter and whose disabilities, in the judgment of\nthe commissioner, are severe enough to exhibit the need for a structured\nlearning environment of twelve months duration to maintain developmental\nlevels, by making such appointments for twelve months; provided that the\ninitial term of appointment of a student with a disability who is the\nminimum age eligible for such a state appointment shall not commence\nduring the months of July or August.\n 18. To establish guidelines for determining when a child is at risk of\na future placement in a residential school, and for the provision by\ncommittees on special education of information to parents and other\npersons in parental relationship concerning the availability of\ncommunity support services to meet the needs of the family. The\nguidelines shall be developed by the department after consultation with\nthe office of mental health, the office for people with developmental\ndisabilities, the office of alcoholism and substance abuse services, the\ndepartment of health, the department of social services and the division\nfor youth.\n * 19. To adopt regulations prescribing the state complaint procedures\npursuant to sections 300.151 through 300.153 of title thirty-four of the\ncode of federal regulations, where an individual or organization files a\nwritten complaint alleging that a public agency has violated part B of\nthe individuals with disabilities education act. Such regulations shall\ninclude, but not be limited to, remedies for denial of appropriate\nservices, including, as appropriate, the awarding of monetary\nreimbursement, compensatory services or other corrective action\nappropriate to the needs of the child.\n * NB Effective until June 30, 2027\n * 20. To adopt regulations prescribing the state complaint procedures\npursuant to sections 300.660 through 300.662 of title thirty-four of the\ncode of federal regulations, where an individual or organization files a\nwritten complaint alleging that a public agency has violated part B of\nthe individuals with disabilities education act. Such regulations shall\ninclude, but not be limited to, remedies for denial of appropriate\nservices, including, as appropriate, the awarding of monetary\nreimbursement or other corrective action appropriate to the needs of the\nchild.\n * NB Effective June 30, 2027\n 21. (a) To require special act school districts listed in chapter five\nhundred sixty-six of the laws of nineteen hundred sixty-seven, as\namended, to provide, on an annual basis or more frequently, as needed,\nenrollment reports, including current and projected enrollments,\nproposed budgets and any financial information the commissioner deems\nappropriate, which shall include, but not be limited to, outstanding\nrevenue anticipation notes as defined in paragraph (a) of subdivision\none of section fifty-five of the state finance law, balance owed to\nemployee benefit systems, outstanding bonds, lease costs, and any other\ndebts to monitor the fiscal stability of special act school districts.\n (b) Upon receiving the information identified in paragraph (a) of this\nsubdivision, the department shall determine if any special act district\nis in need of financial guidance and assistance upon a comprehensive\nreview of such information provided. Upon a determination that a special\nact district is in need of financial guidance and assistance, the\ndepartment shall, as soon as practicable, provide the district with\nspecific recommendations to improve the special act district's financial\nstanding in the short and long-term.\n