IDEA makes it possible for states and local educational agencies to receive federal funds to assist in the education of students with disabilities ages 3-21. In order to remain eligible for federal funds under the law, states must have policies and procedures in effect that comply with federal requirements including, but not limited to, policies and procedures that demonstrate:
- All children and youth with disabilities, regardless of the severity of their disability, will receive a free appropriate public education at public expense.
- Education of children and youth with disabilities will be based on a complete and individual evaluation and determination of eligibility.
- An individualized education program is developed, reviewed and revised for every child or youth found eligible for special education.
- To the maximum extent appropriate, all children and youth with disabilities will be educated in the least restrictive environment and a continuum of alternative placements will be available.
- The rights of children with disabilities and their parents are protected through procedural safeguards.
- Children suspected of having disabilities are located through child find procedures.
- Confidentiality of personally identifiable information will be ensured and protected.
- The State has appropriate professional requirements that establish suitable qualifications for personnel providing special education and related services.
The federal government allocates funds to New York State based on a census of children ages 3-21 in the State. A portion of the funds is allocated to schools based on the total school enrollment and the State’s poverty rate.
Each year, special education services are provided to approximately 41,823 students with disabilities, ages 3-5 and 396,152 students with disabilities, ages 6-21. Federal discretionary dollars support initiatives such as statewide training and resources networks, parent centers, general oversight and monitoring activities, quality assurance and federal compliance.
Federal Statute: Individuals with Disabilities Education Act, Part B, 601-682, as amended, PL 108-446
Federal Regulation: Title 34 CFR 300
State Statute: Article 89, Article 81
State Regulation: 8NYCRR Parts 200 and 201
Federal- $749.0m School Age (regular)
$ 31.5m Preschool (regular)