New York State Laws and Regulations that Differ from Federal Requirements - September 2018

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

Superintendents of Public Schools

Public School Administrators

Charter School Administrators

Superintendents of State-Operated and State-Supported Schools

Executive Directors of Approved Private Schools

Nonpublic School Administrators

Directors of Special Education

Directors of Pupil Personnel Services

Chairpersons of Committees on Special Education

Organizations, Parents, and Individuals Concerned with Special Education

From:

Christopher Suriano

Subject:

New York State Laws and Regulations that Differ from Federal Requirements Field Advisory

Date:

October 5, 2018

Pursuant to 20 United States Code (U.S.C.) §1407(a)(2), each state is required to identify in writing to the Secretary of the United States Department of Education (USDOE) and local educational agencies 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 and/or federal regulations. The New York State Education Department (NYSED) has taken steps to conduct a comprehensive review of its laws, regulations, and policies that apply to the education of students with disabilities. The attached summary provides a list of New York State requirements that differ from federal requirements in effect on the date of the analysis. The analysis was posted for public review on the NYSED website for 60 days beginning on March 15, 2018. Comments were accepted for at least 30 days.