May 2009

Memo Available in Format for Printing

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 Professional Development Specialists
  Other State Agencies
From:  James P. DeLorenzo
Subject: New York State Laws and Regulations that Differ from Federal Requirements - PDF PDF Document (31KB)

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 Education Department (USED) and 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 13, 2009.   Comments were accepted for at least 30 days until March 31, 2009. 

Attachment - New York State Law, Regulations and Policy Not Required by Federal Law/Regulations/Policy - Revised February 2009