Special Education

New York State Laws and Regulations that Differ from Federal Requirements - August 2019

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 PDF document

Pursuant to 20 United States Code (U.S.C.) ยง1407(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 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 the New York State laws and regulations that differ from federal requirements in effect on the date of the analysis. The analysis was posted for public review on NYSED's website for 60 days beginning on March 14, 2019. Public comment was accepted for at least 30 days.

Questions regarding this memorandum may be directed to the Special Education Policy Unit at (518) 473-2878 or to the Special Education Quality Assurance Office in your region:

Central Regional Office   (315) 428-4556

Eastern Regional Office  (518) 486-6366

Hudson Valley Regional Office (518) 473-1185

Long Island Regional Office (631) 952-3352

New York City Regional Office (718) 722-4544

Western Regional Office  (585) 344-2002

Nondistrict Unit (518) 473-1185

Attachment: New York State Law, Regulations and Policy Not Required by Federal Law/Regulation/Policy PDF document

Last Updated: August 19, 2019