NYS Special Education Law & Regulations

• New York Education Law, NY CLS Educ § 4401, et. seq.

  • The New York Education Law governs the education of all students in the state.  Like the IDEIA, it defines the special education process. As state law, it cannot take away any rights granted by the federal government via the IDEIA and, in fact, grants additional rights.

• New York Commissioner Regulations, 8 N.Y.C.R.R. § 200, et. seq.

  • Part 200 of the Commissioner’s Regulations provide specific guidance for the provision of special education in New York, including the evaluation and IEP creation process, and the due process rights of a parent who challenges decisions about their child’s education. Specific guidance is also included about the education of autistic students.

Annual Review

At least once a year, the Committee on Special Education (CSE) will review a classified child’s IEP. Committee members may request a meeting sooner than that. Together, the CSE will make decisions about any necessary changes to your child’s program. This is called an annual review.

Note for our region... the IEP for students we share with Ithaca and Dryden use anniversary dates.  Their IEP will run from one meeting to the same date a year later.  For other districts, the IEP follows the school year.  This may mean that an annual review in the spring would establish an individualized plan for a stduent that will not start until the next school year. 

Due Process

Consistent with the Individuals with Disabilities Education Act (IDEA), the New York State Education Department (NYSED) has established due process procedures that provide specific options for concerns or disagreements that arise between parents and school districts about the identification, evaluation, educational placement of, or the provision of a free appropriate public education (FAPE) to, a student with a disability or a student suspected of having a disability. NYSED encourages school districts and parents to work cooperatively to resolve disagreements that may occur through non-adversarial means whenever possible.  For example, parents may contact their child’s teacher or ask for a meeting with school administrators or the Committee on Preschool Special Education (CPSE) or Committee on Special Education (CSE) to discuss concerns about their child's education. 

Indicator 13: Secondary Transition

Measurable post-secondary goals and recommendations for transition services and activities must be included in each student's IEP beginning not later than the first IEP to be in effect when the student is age 15 (and at a younger age, if determined appropriate), and updated annually.  

The IEP must include:

• measurable post-secondary goals in the areas of training, education, employment and, where appropriate, independent living skills.  These goals must be based on age-appropriate transition assessments;

• the student’s needs as they relate to transition from school to post-school activities, including the courses of study to be provided to the student to reach those goals;

• annual goals that document the knowledge/skills the student is expected to achieve that will incrementally prepare him/her to meet the post-secondary goals; and

• transition services/activities the student will need to facilitate his/her movement from school to post-school activities.  Transition services are a coordinated set of activities developed for a student with a disability, designed to improve his/her academic and functional achievement in order to facilitate the student's movement from school to post-school activities.  Coordinated means the CSE has recommended a combination of activities that will lead the student to reach his/her post-secondary goals, including instruction, related services, community experiences, development of employment and other post-school adult living objectives and, when appropriate, acquisition of daily living skills and a functional vocational evaluation.

Students must be invited to CSE meetings when transition goals and services will be discussed.  If a student does not attend, the district must take steps to ensure the student’s preferences and interests are considered.  The school district must also invite a representative of a participating agency that is likely to be responsible for providing or paying for transition services.  Parental consent (or the consent of the student who is age 18 or older) must be obtained prior to inviting other agency representatives.  If the invited agency does not attend, the school must take steps to involve the agency in the planning of any transition services.

Reevaluation

At least once every three years, the school district CSE will reevaluate every classified student. This is called a reevaluation (formerly called the triennial evaluation). A reevaluation may also occur if conditions warrant one (for example, when a functional behavioral assessment is needed as a result of disciplinary action) or if a CSE member requests a reevaluation. If additional data are needed as part of this reevaluation, the school district will ask the parent for written consent prior to conducting these tests. A reevaluation must be sufficient to determine a student’s individual needs, educational progress and achievement, ability to participate in regular education classes as well as their continuing eligibility for special education services.

What does NYS mean by "Special Class"?

Special class is a primary instructional model based on a student’s need for some part of the curriculum to be delivered in a different way – with a different environment, content, materials, instructional method, or any combination of those factors.  

Special classes range from 15 students to 6 students in size based on the intensity of student management or instructional needs.  There is often paraprofessional assistance in these classes.  Students  are expected to be similar in age and need and special classes are exclusively for students with an IEP.  Instruction must address standards and at the secondary level, special classes may be credit bearing.

Student Exit Summary

Federal law requires that the school district provide a student with a disability a summary of the student’s academic achievement and functional performance prior to school exit for a student whose eligibility for special education services terminates due to graduation from secondary school with a regular diploma or due to exceeding the age eligibility for a free appropriate public education (FAPE) under State law.  A student with a disability exiting with an IEP diploma prior to the end of the school year in which he/she turns age 21 must also receive the student exit summary and it is recommended that students with disabilities exiting with a High School Equivalency Diploma also be provided this summary. 

The purpose of the Student Exit Summary is to provide the student with a written report that provides essential information to consider as the student transitions from secondary school.  The Student Exit Summary should be a useful and relevant document that summarizes individual student abilities, skills, needs and limitations and provides recommendations to support successful transition to adult living, learning and working.  The Student Exit Summary should be designed to assist the student in establishing eligibility for reasonable accommodations and supports in postsecondary settings, the workplace and community and to aid the student in accessing adult services as appropriate.  It should help the student better understand the impact of his/her disability and articulate individual strengths and needs as well as supports that would be helpful in post-school life.

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