May 2007

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 Individuals Concerned with Special Education

 

Commissioner's Advisory Panel for Special Education Services

 

SETRC Project Directors and Professional Development Specialists

 

Other State Agencies

 

 

From:        

James P. DeLorenzo

 

 

Subject:

New York State Laws and Regulations that Differ from Federal Requirements

20 U.S.C. § 1407(a)(2) requires that each State identify in writing to the Secretary of the United States Department of Education (USDOE) 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 February 16, 2007.   Comments were accepted for at least 30 days until April 3, 2007. 

Attachment -

NYS Law, Regulations and Policy Not Required by Federal Law/Regulation/Policy