Special Education

Chapter 253 of the Laws of 2021 Relating to Implementation of the Federal Individuals with Disabilities Education Act (IDEA) of 2004

September 2021

TO: BOCES District Superintendents                                                                                                                                   School District Superintendents Superintendents of Special Act School Districts                                          Superintendents of State-Operated Schools                                                                                                Superintendents of State-Supported Schools                                                                                                              School Principals                                                                                                                                                          School District Business Officers                                                                                                                                 Charter School Leaders                                                                                                                                               Special Education Directors                                                                                                                                       Directors of Pupil Personnel Services                                                                                                                      Chairpersons of Committees on Special Education                                                                                            Chairpersons of Committees on Preschool Special Education                                                                            Administrators of Nonpublic Schools with Approved Special Education Programs                                             Organizations, Parents and Individuals Concerned with Special Education                                                            Preschool Providers of Special Education Programs and Services

FROM: Christopher Suriano, Assistant Commissioner

SUBJECT: Chapter 253 of the Laws of 2021 Relating to Implementation of the Federal Individuals with Disabilities Education Act (IDEA) of 2004 Field Advisory Adobe PDF

New York State Education Law has been amended, effective June 30, 2021, by Chapter 253 of the Laws of 2021, to extend certain provisions relating to the IDEA 2004. Chapter 253 of the Laws of 2021 continues those provisions of State law necessary to implement IDEA 2004 and does not result in any changes to Education Law except to extend the provisions of Chapter 352 of the Laws of 2005, Chapter 430 of the Laws of 2006 and Chapter 378 of the Laws of 2007 until June 30, 2024.

The provisions extended by Chapter 253 include, but are not limited to, referrals for special education, the development or amendment of an individualized education program, due process procedures, discipline procedures for students with disabilities and the provision of special education services to students with disabilities who are enrolled by their parents in nonpublic elementary and secondary schools pursuant to Education Law section 3602-c.

A copy of the full text of Chapter 253 is attached. Questions regarding this memorandum may be directed to speced@nysed.gov and/or the Special Education Policy Unit at 518-473- 2878.

ATTACHMENT: Chapter 253 of the Laws of 2021 Adobe PDF



Last Updated: December 7, 2021