§ 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 declassifi
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.