New York State Laws and Regulations that Differ from Federal Requirements - March 2008

Special Education

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Office of Special Education

New York State Education Department Seal

Office of Special Education

Assistant Commissioner

89 Washington Avenue, Albany, NY 12234

To:

District Superintendents

Superintendent of Schools

Presidents of Boards of Education

Superintendents of State-Operated and State-Supported Schools

Executive Directors of Approved Private Schools

New York City Board of Education

Executive Directors of Approved Preschool Programs

Organizations, Parents and Individual s Concerned with Special Education

Commissioner's Advisory Panel fo r Special Education Services

SETRC Project Directors and Profe ssional Development Specialists

Other State Agencies

From:

James P. DeLorenzo

Subject:

New York State Laws and Regulations that Differ from Federal Requirements

Date:

March 1, 2008

20 U.S.C. § 1407(a)(2) requires that each state identify in writing to the Secretary of the United States Education Department (USED) and to local educational agencies (LEAs) located in the state any rule, regulation or policy as a State-imposed requirement that is not required by the Individuals with Disabilities Education Act (IDEA) and federal regulations. The New York State Education Department (NYSED) has taken steps to conduct a comprehensive review of its laws and regulations that apply to the education of students with disabilities. The attached summary provides a list of New York State (NYS) laws and regulations that differ from federal requirements in effect on the date of the analysis. This analysis was posted for general public review and comment on the NYSED website for 60 days beginning on December 28, 2007. Comments were accepted for at least 30 days until February 15, 2008.