§ 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 coordin
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