NY Educ L § 4402 (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 89 - Children With Handicapping Conditions 4402 - Duties of School Districts.

§ 4402. Duties  of school districts. 1. * a. The board of education or trustees of each school district and the city  school  district  of  the city of New York shall, under regulations prescribed by the commissioner and  approved  by  the  regents  of the university, identify, locate and evaluate in accordance with this section all students with  disabilities in  such  district  who  are  in  need  of  special education, including children with disabilities who are homeless children or are wards of the state as defined in the regulations of the commissioner and,  consistent with  section  thirty-six  hundred  two-c  of this chapter, students who attend nonpublic schools within such school district, and shall maintain a register containing the name of  each  child  with  a  disability  who resides  in  the  district,  the  nature of such child's disability, the educational placement and setting, if any, of such child, and any  other student-specific   data   required   to   comply  with  federal  law  or regulations.   * NB Effective until June 30, 2024   * a. The board of education or trustees of each  school  district  and the  city  school district of the city of New York shall ascertain under regulations prescribed by the commissioner and approved by  the  regents of  the  university, the number of children with handicapping conditions in such district under the age of twenty-one years and the nature of the handicapping condition  of  each  such  child  in  accordance  with  the provisions of this section, and shall maintain a register containing the name  of  each  child  with  a handicapping condition who resides in the district,  the  nature  of  such  child's  handicapping  condition,  the educational placement and setting, if any, of such child.   * NB Effective June 30, 2024   b.  (1)  The  board  of  education or trustees of each school district shall establish committees and/or subcommittees on special education  as necessary to ensure timely evaluation and placement of pupils. The board of  education of the city school district of the city of New York, shall establish at least one committee on special education  in  each  of  its community  school districts, provided that appointments to the community school district committees shall  be  made  upon  the  approval  of  the community  school  board  except that the board of education of the city school district of the city of New York, may establish one committee  to serve   more   than  one  community  school  district,  in  which  case, appointments thereto shall be  made  upon  the  joint  approval  of  the affected  community school boards; provided, however, that prior to such consolidation, the board shall consider the  relative  caseload  of  the committee  on  special  education  in  each  affected  community  school district, including but not limited to the following factors: the number of students evaluated by such committee;  the  number  of  referrals  to special  education  in  such  community  school district; the ability to comply with mandated paperwork and timelines; and other issues which the board deems pertinent.  (a) Such committees shall  be  composed  of  at  least  the  following members:  (i)  the  parents or persons in parental relationship to the student; (ii) one regular education teacher of the student whenever  the student is or may be participating in the regular education environment; (iii)  one special education teacher of the student, or, if appropriate, a special education provider of the student; (iv) a school psychologist; (v) a representative of such school district who is qualified to provide or administer or supervise special education and is knowledgeable  about the  general  curriculum and the availability of resources of the school district;  (vi)  an  individual  who  can  interpret  the  instructional implications  of evaluation results; (vii) a school physician; (viii) an additional parent, residing in the  school  district  or  a  neighboring  school  district,  of  a student with a disability, of a student who has been declassified and  is  no  longer  eligible  for  an  individualized education  program  (IEP),  or  a  parent  of  a  disabled child who has graduated,   for   a   period   of   five  years  beyond  the  student's declassification or  graduation,  provided  such  parent  shall  not  be employed  by  or  under  contract with the school district, and provided further that such additional parent shall not be a  required  member  if the  parents request that such additional parent member not participate; (ix) such other persons having knowledge or special expertise  regarding the student as the school district or the parents or persons in parental relationship  to  the  student  shall  designate, to the extent required under federal law; and (x) if appropriate, the student.   * (b) In determining the composition of  such  committee  pursuant  to clause  (a) of this subparagraph, a school district may determine that a member appointed pursuant to one of subclause (ii), (iii), (iv), (v)  or (ix) of clause (a) of this subparagraph also fulfills the requirement of subclause  (vi) of clause (a) of this subparagraph of a member who is an individual  who  can  interpret  the   instructional   implications   of evaluation  results  where such individuals are determined by the school district to have the knowledge and expertise to  do  so  and/or  that  a member  appointed  pursuant  to subclause (iii) or (iv) of clause (a) of this subparagraph also fulfills the  requirement  of  subclause  (v)  of clause  (a)  of this subparagraph of a member who is a representative of the school district. The regular education teacher of the student  shall participate   in   the   development,   review   and   revision  of  the individualized education program for the student, to the extent required under federal law. The school physician need not be in attendance at any meeting of  the  committee  on  special  education  unless  specifically requested  in  writing, at least seventy-two hours prior to such meeting by the parents or other person in parental relation to  the  student  in question,  the  student,  or  a  member  of  the  committee  on  special education. The parents or persons in parental relation of the student in question shall receive proper written notice of their right to have  the school  physician  attend  the  meetings  of  the  committee  on special education upon referral of said student  to  the  committee  on  special education  or  whenever  such  committee  plans  to modify or change the identification, evaluation or educational placement of the student.  The additional  parent  need  not  be  in  attendance  at any meeting of the committee on special education unless specifically requested in writing, at least seventy-two hours prior to such meeting by the parents or other person in parental relation to the student in question, the student,  or a  member  of the committee on special education. The parents or persons in parental relation of the student in  question  shall  receive  proper written  notice  of  their right to have an additional parent attend any meeting of the committee regarding the student along with  a  statement, prepared by the department, explaining the role of having the additional parent  attend  the  meeting. The committee shall invite the appropriate professionals most familiar with a student's disability or  disabilities to  attend  any  meeting  concerning  the  educational  program for such student. Except as otherwise provided in this clause or clause (b-1)  or (b-2)  of  this subparagraph, all members of such committee shall attend meetings of the committee on special education.   Members of such committee shall serve at the pleasure  of  such  board and  members  who  are neither employees of nor under contract with such district shall serve without compensation except that such members shall be entitled to a per diem to defray expenses incurred in  such  service, provided,  however, that any expense incurred shall be deemed an aidable operating expense for purposes of state aid.    * NB Effective until June 30, 2024   * (b)  In  determining  the  composition of such committee pursuant to clause (a) of this subparagraph, a school district may determine that  a member  appointed pursuant to one of subclause (ii), (iii), (iv), (v) or (ix) of clause (a) of this subparagraph also fulfills the requirement of subclause (vi) of clause (a) of this subparagraph of a member who is  an individual   who   can   interpret  the  instructional  implications  of evaluation results where such individuals are determined by  the  school district  to  have  the  knowledge  and expertise to do so and/or that a member appointed pursuant to subclause (iii) or (iv) of  clause  (a)  of this  subparagraph  also  fulfills  the  requirement of subclause (v) of clause (a) of this subparagraph of a member who is a  representative  of the  school district. The regular education teacher of the student shall participate  in  the   development,   review   and   revision   of   the individualized education program for the student, to the extent required under federal law. The school physician need not be in attendance at any meeting  of  the  committee  on  special  education  unless specifically requested in writing, at least seventy-two hours prior to  such  meeting by  the  parents or other person in parental relationship to the student in question, the student, or  a  member  of  the  committee  on  special education.  The  parents  or  persons  in  parental  relationship of the student in question shall receive proper written notice of  their  right to  have  the  school  physician attend the meetings of the committee on special education upon referral of said  student  to  the  committee  on special  education  or whenever such committee plans to modify or change the identification, evaluation or educational placement of the  student. The  additional  parent  need not be in attendance at any meeting of the committee on special education unless specifically requested in writing, at least seventy-two hours prior to such meeting by the parents or other person in parental relation to the student in question, the student,  or a  member  of the committee on special education. The parents or persons in parental relation of the student in  question  shall  receive  proper written  notice  of  their right to have an additional parent attend any meeting of the committee regarding the student along with  a  statement, prepared by the department, explaining the role of having the additional parent  attend  the  meeting. The committee shall invite the appropriate professionals most familiar with a student's disability or  disabilities to  attend  any  meeting  concerning  the  educational  program for such student.   Members of such committee shall serve at the pleasure  of  such  board and  members  who  are neither employees of nor under contract with such district shall serve without compensation except that such members shall be entitled to a per diem to defray expenses incurred in  such  service, provided,  however, that any expense incurred shall be deemed an aidable operating expense for purposes of state aid.   * NB Effective June 30, 2024   * (b-1) Notwithstanding any provision of law, rule  or  regulation  to the contrary, a member of the committee on special education, other than the  parents  or  persons  in  parental  relation  to the student is not required to attend a meeting of the team, in whole or in  part,  if  the parent  or  person  in  parental  relation to the student and the school district agree, in writing, that the attendance of  the  member  is  not necessary  because  the  member's  area  of  the  curriculum  or related services is not being modified or discussed at the meeting.   * NB Repealed June 30, 2024   * (b-2) Notwithstanding any provision of law, rule  or  regulation  to the contrary, a member of the committee on special education, other than the  parents  or  persons  in  parental  relation to the student, may be  excused from attending a meeting of the committee, in whole or in  part, when  the  meeting  involves  a  modification  to  or  discussion of the member's area of the curriculum or related services  if  the  parent  or person  in  parental  relation  to  the  student and the school district consent, in writing, to the excusal and the excused  member  submits  to the  parent  or  person  in  parental  relation  to the student and such committee, written input into  the  development  of  the  individualized education program, and in particular written input with respect to their area of curriculum or related services prior to the meeting.   * NB Repealed June 30, 2024   * (b-3)  Requests for excusal of a member of the committee as provided for in clauses (b-1) and (b-2) of this  subparagraph,  and  the  written input  as  provided  for  in clause (b-2) of this subparagraph, shall be provided not less than five calendar days prior to the meeting date,  in order  to  afford the parent or person in parental relation a reasonable time to review and consider the request. Provided however, that a parent or person in parental relation shall retain the right to request  and/or agree  with  the  school  district  to  excuse  a  member of the special education committee at any time including where the member is unable  to attend  the  meeting  because  of an emergency or unavoidable scheduling conflict and the school district submits the written  input  for  review and  consideration by the parent or person in parental relation within a reasonable time prior to the meeting  and  prior  to  obtaining  written consent of the parent or person in parental relation to such excusal.   * NB Repealed June 30, 2024  (c) Districts not having available personnel may share the services of a  local  committee on special education with another school district or contract with a board  of  cooperative  educational  services  for  such personnel pursuant to regulations of the commissioner. A district having a  subcommittee  on  special education may share the services of a local committee on special education with another  school  district,  provided that  a  representative  of  such  school  district  who is qualified to provide  or  administer  or   supervise   special   education   and   is knowledgeable  about  the  general  curriculum  and  the availability of resources of the school district shall be a  member  of  such  committee when  it  convenes  on  behalf  of  a  student who is a resident of such district.   * (d) Boards of education in city school districts in cities having in excess of one hundred twenty-five  thousand  inhabitants  shall  appoint subcommittees  on  special  education, to the extent necessary to ensure timely evaluation and placement of students with disabilities. Boards of education or trustees of any school district outside of a city having  a population in excess of one hundred twenty-five thousand inhabitants may appoint  subcommittees  on  special  education  to  assist  the board of education in accordance with this clause  and  the  regulations  of  the commissioner. The membership of each subcommittee shall include, but not be  limited  to, the committee members required by subclauses (i), (ii), (iii), (v), (vi), (ix) and (x) of clause (a) of this subparagraph, and a school psychologist whenever a new psychological evaluation is  reviewed or  a  change  to  a  more  restrictive  program  option,  as defined in regulations of the  commissioner,  is  considered.  Except  when  (i)  a student  is considered for initial placement in a special class, or (ii) a student is considered for initial placement in a special class outside of the student's school of attendance, or (iii) whenever  a  student  is considered  for  placement  in  a school primarily serving students with disabilities or  a  school  outside  of  the  student's  district,  each subcommittee  may  perform  the  functions  for  which  the committee on special education is responsible pursuant  to  the  provisions  of  this  subdivision.  Notwithstanding any other provisions of this clause to the contrary, attendance of members of a subcommittee may  be  excused  from attendance  in  the  same  manner  as  members of a committee on special education   pursuant   to   clauses   (b-1),  (b-2)  or  (b-3)  of  this subparagraph. Each subcommittee shall report annually the status of each student with a disability within its jurisdiction to  the  committee  on special  education,  and  the subcommittee shall refer to the committee, upon receipt of a written request from the parent or person in  parental relation to a student, any matter in which the parent disagrees with the subcommittee's recommendation concerning a modification or change in the identification, evaluation, educational placement or provision of a free appropriate  public  education to such student. The committee on special education shall be responsible  for  oversight  and  monitoring  of  the activities   of   each   subcommittee  to  assure  compliance  with  the requirements of applicable and federal law and regulations.   * NB Effective until June 30, 2024   * (d) Boards of education in city school districts in cities having in excess of one hundred twenty-five  thousand  inhabitants  shall  appoint subcommittees  on  special  education, to the extent necessary to ensure timely evaluation and placement of students with disabilities. Boards of education or trustees of any school district outside of a city having  a population in excess of one hundred twenty-five thousand inhabitants may appoint  subcommittees  on  special  education  to  assist  the board of education in accordance with this clause  and  the  regulations  of  the commissioner. The membership of each subcommittee shall include, but not be  limited  to, the committee members required by subclauses (i), (ii), (iii), (v), (vi), (ix) and (x) of clause (a) of this subparagraph, and a school psychologist whenever a new psychological evaluation is  reviewed or  a  change  to  a  more  restrictive  program  option,  as defined in regulations of the  commissioner,  is  considered.  Except  when  (i)  a student  is considered for initial placement in a special class, or (ii) a student is considered for initial placement in a special class outside of the student's school of attendance, or (iii) whenever  a  student  is considered  for  placement  in  a school primarily serving students with disabilities or  a  school  outside  of  the  student's  district,  each subcommittee  may  perform  the  functions  for  which  the committee on special education is responsible pursuant  to  the  provisions  of  this subdivision.  Each subcommittee shall report annually the status of each student with a disability within its jurisdiction to  the  committee  on special  education,  and  the subcommittee shall refer to the committee, upon receipt of a written request from the parent or person in  parental relationship to a student, any matter in which the parent disagrees with the subcommittee's recommendation concerning a modification or change in the  identification, evaluation, educational placement or provision of a free appropriate public education to  such  student.  The  committee  on special  education  shall be responsible for oversight and monitoring of the activities of  each  subcommittee  to  assure  compliance  with  the requirements of applicable and federal law and regulations.   * NB Effective June 30, 2024   * (2) Such committees or subcommittees shall review at least annually, the status of each student with a disability and each student thought to be   disabled  who  is  identified  pursuant  to  paragraph  a  of  this subdivision. Such review shall consider  the  educational  progress  and achievement  of  the student with a disability and the student's ability to participate in instructional programs in regular education.   * NB Effective until June 30, 2024   * (2) Such committees or  subcommittees  shall  identify,  review  and evaluate at least annually, the status of each child with a handicapping  condition  and  each  child thought to be handicapped who resides within the school district. Such review shall consider the educational progress and achievement of the child  with  a  handicapping  condition  and  the child's  ability  to  participate  in  instructional programs in regular education.   * NB Effective June 30, 2024  (3) The committee or when applicable the subcommittee shall:  (a) Obtain, review and evaluate all  relevant  information,  including but  not  limited  to  that  presented by the parent, person in parental relationship and teacher,  pertinent  to  each  child  suspected  of  or identified  as having a handicapping condition, including the results of a physical  examination  performed  in  accordance  with  sections  nine hundred  three,  nine hundred four and nine hundred five of this chapter and, where determined to be  necessary  by  a  school  psychologist,  an appropriate psychological evaluation performed by a qualified private or school  psychologist,  and other appropriate assessments as necessary to ascertain  the  physical,  mental,  emotional  and  cultural-educational factors which may contribute to the suspected or identified handicapping condition, and all other school data which bear on the child's progress, including, where appropriate, observation of classroom performance.   * (b) (i) Make recommendations based upon a written evaluation setting forth  the  reasons  for  the  recommendations, to the child's parent or person in parental relation and board of education  or  trustees  as  to appropriate  educational  programs  and placement in accordance with the provisions of subdivision six of section  forty-four  hundred  one-a  of this  article, and as to the advisability of continuation, modification, or termination of special class or program placements  which  evaluation shall  be furnished to the child's parent or person in parental relation together with the recommendations provided, however that  the  committee may recommend a placement in a school which uses psychotropic drugs only if  such  school  has  a  written  policy pertaining to such use that is consistent with subdivision four-a of section thirty-two  hundred  eight of  this  chapter  and that the parent or person in parental relation is given such written policy at the time such recommendation  is  made.  If such  recommendation  is  not  acceptable  to  the  parent  or person in parental relation, such parent or person in parental relation may appeal such recommendation as provided for in section forty-four  hundred  four of this chapter.  (ii)  Notwithstanding  any  provisions of this clause or clause (a) of this subparagraph to the contrary, in  making  changes  to  a  student's individualized  education  program  after  the  annual  review  has been conducted, the parent or person in parental relation to the student  and the  school district may agree not to convene a meeting of the committee on special education for  the  purpose  of  making  those  changes,  and instead  may develop a written document to amend or modify the student's current   individualized   education   program   under   the   following circumstances:  (A)  The  parent or person in parental relation makes a request to the school district for an amendment to the individualized education program and the school district and such parent or person in  parental  relation agree in writing; or  (B)  The  school  district  provides  the parent or person in parental relation with a written proposal to amend a provision or  provisions  of the  individualized  education  program  that  is  conveyed  in language understandable to the parent or person  in  parental  relation  in  such parent's  or  such  person's  native  language or other dominate mode of communication, informs and allows  the  parent  or  person  in  parental relation  the  opportunity  to consult with the appropriate personnel or  related service providers concerning the proposed changes and the parent or person in parental relation agrees in writing to such amendments.  (C)  If  the parent or person in parental relation agrees to amend the individualized education program without a meeting, the parent or person in parental relation shall be  provided  prior  written  notice  of  the changes  to  the  individualized  education  program resulting from such written document and the special education committee shall  be  notified of  such changes. If the school district makes such changes by rewriting the entire individualized education program, it shall provide the parent or  person  in  parental  relation  with  a  copy   of   the   rewritten individualized  education  program.  If  the  school district amends the individualized education program without rewriting the entire  document, the  school  district  shall  provide  the  parent or person in parental relation with a copy  of  the  document  that  amends  or  modifies  the individualized  education  program  or,  upon  request  of the parent or person in parental  relation,  a  revised  copy  of  the  individualized education program with the amendments incorporated.   Amendments  to  an  individualized  education program pursuant to this subitem shall not affect the  requirement  that  the  special  education committee  review  the  individualized  education  program at the annual meeting, or more often if necessary.   * NB Effective until June 30, 2024   * (b) Make recommendations based upon  a  written  evaluation  setting forth  the  reasons  for  the  recommendations, to the child's parent or person in parental relationship and board of education or trustees as to appropriate educational programs and placement in  accordance  with  the provisions  of  subdivision  six  of section forty-four hundred one-a of this article, and as to the advisability of continuation,  modification, or  termination  of special class or program placements which evaluation shall  be  furnished  to  the  child's  parent  or  person  in  parental relationship  together  with  the recommendations provided, however that the  committee  may  recommend  a  placement  in  a  school  which  uses psychotropic  drugs  only if such school has a written policy pertaining to such use and that the parent or person in  parental  relationship  is given  such  written  policy at the time such recommendation is made. If such recommendation is  not  acceptable  to  the  parent  or  person  in parental  relationship,  such  parent or person in parental relationship may appeal such recommendation as provided  for  in  section  forty-four hundred four of this chapter.   * NB Effective June 30, 2024  (c)  Provide written prior notice to the parents or person in parental relationship of the child upon receipt of  referral  for  evaluation  or whenever  such  committee  plans  to  continue,  modify  or  change  the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child and advise the parent of or person in parental relationship to the child of his  or her  opportunity  to  address  the  committee,  either  in  person or in writing, on the appropriateness of the  committee's  recommendations  on program  placements  to  be  made to the board of education or trustees. Such notice shall, where a  child  has  been  placed  in  a  residential program  by  a committee on special education, or has been determined to be at risk  of  such  a  placement  pursuant  to  subparagraph  four  of paragraph b of subdivision one of section forty-four hundred two of this article, also notify the parent or other person in parental relationship that  the  child is not entitled to receive free educational services or to remain  in  a  residential  educational  program  after  the  age  of twenty-one,  the  receipt of a high school diploma or the time described in subdivision five of this section.    * (d) Advise  the  board  of  education  or  trustees  concerning  the frequency   and  nature  of  periodic  reevaluations  of  students  with disabilities by appropriate specialists, provided,  however,  that  each student  in a special program or a special class shall be reevaluated by qualified  appropriate school personnel at least once every three years, except where the school district and the parent or  person  in  parental relation  to  the  student  agree in writing that such a reevaluation is unnecessary.  A reevaluation of a student with  a  disability  shall  be conducted  by  qualified  individuals, in accordance with regulations of the commissioner consistent with the requirements of a  reevaluation  as defined  by the applicable federal regulation. A reevaluation may not be conducted more than once a year unless the parent or person in  parental relation to the student and the school district otherwise agree.   * NB Effective until June 30, 2024   * (d)  Advise  the  board  of  education  or  trustees  concerning the frequency  and  nature  of  periodic  reevaluations  of  students   with disabilities  by  appropriate  specialists, provided, however, that each student in a special program or a special class shall be reevaluated  by qualified  appropriate school personnel at least once every three years. A reevaluation of a student with a  disability  shall  be  conducted  by qualified   individuals,   in   accordance   with   regulations  of  the commissioner consistent with  the  requirements  of  a  reevaluation  as defined by the applicable federal regulation.   * NB Effective June 30, 2024  (d-1)  Each  school  district  shall  develop  policies,  pursuant  to regulations  of  the  commissioner,  to  provide  special  services   or programs, to the extent appropriate to the needs of the child, to enable the  child  to  be  involved  in  and  progress in the general education curriculum.  (e) Make, or have  made,  periodic  evaluations  of  the  adequacy  of programs,   services  and  facilities  for  children  with  handicapping conditions.  (f) Report periodically, but  at  least  annually,  to  the  board  of education   or  trustees  on  the  status  of  programs,  services,  and facilities made available by the school district in accordance with  the provisions  of  subdivision  eight  of section thirty-six hundred two of this chapter. Such reports shall be kept on file for inspection  by  the commissioner.  (g)  Provide  for  the  transmittal  of  information  by  the board of education, including such test results and evaluations as the  committee may   have  collected,  to  the  home  district  of  the  child  with  a handicapping condition in cases  where  the  home  school  district  has contracted  for  the  child's  education with another school district or board of cooperative educational services.  (h) Provide the form developed  pursuant  to  subdivision  fifteen  of section  three hundred fifty-three of the executive law to the parent or person in parental relation of a child designated by  the  committee  as either disabled or emotionally disturbed.  (i)  Provide, to the extent appropriate to the individual needs of the student with a disability that such student is  educated  in  a  setting with students who are nondisabled.   * (i)  In  accordance  with  the  regulations  of the commissioner and subsection (k) of section fourteen hundred fifteen of  title  twenty  of the  United  States  code  and  the implementing federal regulations, to develop a functional behavioral assessment plan, to review,  or  revise, as  appropriate,  a behavioral intervention plan, to develop appropriate behavioral interventions and to review and revise, as  appropriate,  the implementation  of  a  behavioral  intervention  plan,  to  address  the  behavior of a student with a disability who is alleged to  have  engaged in misconduct, to the extent required by federal law and regulations.   * NB Effective June 30, 2024   * (j)  In  accordance  with  the  regulations  of the commissioner and subsection (k) of section fourteen hundred fifteen of  title  twenty  of the  United  States  code  and  the implementing federal regulations, to conduct a functional behavioral assessment, to  review,  or  revise,  as appropriate  or necessary, and implement a behavioral intervention plan, to develop  appropriate  behavioral  interventions  and  to  review  and revise,  as appropriate or necessary, the implementation of a behavioral intervention  plan,  to  address  the  behavior  of  a  student  with  a disability  who  is alleged to have engaged in misconduct, to the extent required by federal law and regulations.   * NB Effective until June 30, 2024   * (j) In accordance with  the  regulations  of  the  commissioner  and subsection  (k)  of  section fourteen hundred fifteen of title twenty of the United States code and  the  implementing  federal  regulations,  to conduct  a  review  to  determine  whether  behavior of a student with a disability which violates the applicable school rules or code of conduct and results in a change in placement under federal  law,  including  but not  limited  to placement in an interim alternative educational setting pursuant to clause (iv) or (vii) of subparagraph three of paragraph g of subdivision  three  of  section  thirty-two  hundred  fourteen  of  this chapter,  was a manifestation of the student's disability, provided that other qualified  school  district  personnel  may  participate  in  such review.   * NB Effective June 30, 2024   * (k)  In  accordance  with  the  regulations  of the commissioner and subsection (k) of section fourteen hundred fifteen of  title  twenty  of the  United  States  code  and  the implementing federal regulations, to determine the setting  and  services  to  be  provided  in  the  interim alternative  educational  setting  for  a  student with a disability who carries or possesses a weapon to or at school, on school premises, or to or at a school function or knowingly possesses or uses illegal drugs  or sells  or solicits the sale of a controlled substance while at school or a school function or  who  has  inflicted  serious  bodily  injury  upon another person as defined in federal law and the setting and services to be  provided  to  a  student with a disability in an interim alternative educational setting or other setting who is removed because of  behavior that  has  been  determined  not  to be a manifestation of the student's disability.   * NB Effective until June 30, 2024   * (k) In accordance with  the  regulations  of  the  commissioner  and subsection  (k)  of  section fourteen hundred fifteen of title twenty of the United States code and  the  implementing  federal  regulations,  to determine  the  services  to  be  provided  in  the  interim alternative educational placement for a student with a  disability  who  carries  or possesses  a  weapon  to  or  at school, on school premises, or to or at school function or knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a  school function  and the services to be provided to a student with a disability who is removed because of behavior that has been determined not to be  a manifestation of the student's disability.   * NB Effective June 30, 2024  (l)  In  accordance  with  the regulations of the commissioner and the provisions of subsection (k) of  section  fourteen  hundred  fifteen  of title  twenty  of  the  United States code, and the implementing federal regulations, to conduct expedited evaluations  under  the  circumstances  specified  in  such  federal  law  and  regulations  and to conduct such reviews and make such determinations regarding students presumed to have a disability for discipline purposes as defined in subdivision three  of section  thirty-two  hundred  fourteen  of  this chapter as are required under the  federal  individuals  with  disabilities  education  act  and implementing regulations.  (3-a)  The members of the committee or subcommittee may compile a list of appropriate and/or helpful services that may be available outside  of the school setting to provide the parents or person in parental relation of  a  child  with  a  disability with such information. Such list shall clearly state that these services are in addition to  services  supplied by  the school district and will not be paid for by the school district. Any member of a committee or  subcommittee  or  his  or  her  respective school  district who, acting reasonably and in good faith, provides such information shall not be liable for such action.  (4) (a) When the committee on special  education  of  a  local  school district determines that a child who is living in his or her own home is at  risk of a future placement in a residential school, as determined in accordance with guidelines established by  the  department  pursuant  to subdivision  nineteen  of  section  forty-four  hundred  three  of  this article, the committee shall provide  the  parent  or  other  person  in parental  relationship with information, where such information has been made available to the committee, about the  community  support  services that  may  be  available  to  the family, including an assessment of the family's community  support  services  needs  in  accordance  with  such guidelines  and,  where  such  an  assessment is available, the name and address of the agency which can perform the assessment.   * (b) When the committee  on  special  education  of  a  local  school district determines that a child who is receiving foster care is at risk of  a  future placement in a residential school, the committee, with the consent of the parent or person in parental relation or the student,  if he  or she is over the age of eighteen, shall notify the social services district responsible for the child of its determination that  the  child is at risk of placement.   * NB Effective until June 30, 2024   * (b)  When  the  committee  on  special  education  of a local school district determines that a child who is receiving foster care is at risk of a future placement in  a  residential  school,  the  committee  shall notify  the  social  services  district responsible for the child of its determination that the child is at risk of placement.   * NB Effective June 30, 2024   * (c) The committee on special education,  with  the  consent  of  the parent  or  person  in parental relation or the student, if he or she is over the age of eighteen, shall request in writing  a  designee  of  the appropriate  county  or  state agency to participate, in accordance with guidelines established by the  department,  in  any  proceeding  of  the committee  where  a  child  is  at  risk  of  residential placement. The committee shall forward a copy of any such request  to  the  office  for people  with developmental disabilities and the office of mental health. A designee or designees of  the  agency  may  participate  in  any  such proceeding  for  the  purpose  of  making recommendations concerning the appropriateness  of  residential  placement  and  other   programs   and placement alternatives, including, but not limited to, community support services that may be available to the family. Such designee or designees shall  not  be  considered  members  of  the committee. Such designee or designees shall include, but not be limited to, representatives  of  any agency  receiving  coordinated children's services initiative funding as referenced in the aid to  localities  budget,  of  a  local  interagency  coordinating  body,  of  the  social services district, the local mental health  agency,  or  health  department,   or   of   the   developmental disabilities  service  office, as appropriate. The name of such designee or  designees,  if  any,  shall  be  made available to each committee on special education in the county. In addition, with the  consent  of  the parent  or  other  person in parental relation, the committee may confer with other appropriate providers of services to  identify  any  services that   may   be   of  benefit  to  the  family  based  on  the  family's identification of or the  committee's  observation  of  family  services needs.  As  used  in  this  chapter,  the  term "county" means county as defined in section four  thousand  one  of  this  title,  and  the  term "appropriate agency" means one of the following agencies:  (i) a local interagency body capable of performing a multidisciplinary assessment of the family's community support services needs; or  (ii) if no such agency exists in the locality, any county agency which is receiving state coordinated children's services initiative funding as referenced in the aid to localities budget; or  (iii)  where  neither  such  agency exists in the locality, either the area developmental  disabilities  services  office,  where  the  primary reason  the  child is at risk of placement relates to mental retardation or a developmental disability, or the local mental health agency,  where the  primary  reason  the  child  is at risk of placement relates to any other mental disability.   * NB Effective until June 30, 2024   * (c) The committee on special education shall request  in  writing  a designee  of  the  appropriate county or state agency to participate, in accordance  with  guidelines  established  by  the  department,  in  any proceeding  of  the  committee  where  a child is at risk of residential placement. The committee shall forward a copy of any such request to the office for people with developmental  disabilities  and  the  office  of mental  health. A designee or designees of the agency may participate in any such proceeding for the purpose of making recommendations concerning the appropriateness of residential  placement  and  other  programs  and placement alternatives, including, but not limited to, community support services that may be available to the family. Such designee or designees shall  not  be  considered  members  of  the committee. Such designee or designees shall include, but not be limited to, representatives  of  any agency  receiving  coordinated children's services initiative funding as referenced in the aid to  localities  budget,  of  a  local  interagency coordinating  body,  of  the  social services district, the local mental health  agency,  or  health  department,   or   of   the   developmental disabilities  service  office, as appropriate. The name of such designee or designees, if any, shall be  made  available  to  each  committee  on special  education  in  the county. In addition, with the consent of the parent or other person  in  parental  relationship,  the  committee  may confer  with  other  appropriate  providers  of services to identify any services that may be of benefit to the  family  based  on  the  family's identification  of  or  the  committee's  observation of family services needs. As used in this  chapter,  the  term  "county"  means  county  as defined  in  section  four  thousand  one  of  this  title, and the term "appropriate agency" means one of the following agencies:  (i) a local interagency body capable of performing a multidisciplinary assessment of the family's community support services needs; or  (ii) if no such agency exists in the locality, any county agency which is receiving state coordinated children's services initiative funding as referenced in the aid to localities budget; or  (iii) where neither such agency exists in  the  locality,  either  the area  developmental  disabilities  services  office,  where  the primary  reason the child is at risk of placement relates to  mental  retardation or  a developmental disability, or the local mental health agency, where the primary reason the child is at risk  of  placement  relates  to  any other mental disability.   * NB Effective June 30, 2024  (d)  Nothing  in  this subparagraph shall be construed to establish an entitlement to or constitute a determination of eligibility for any such assessment or services, or to require the school  district  to  pay  the costs of such assessment or services or to require that such services be reflected  in  the plan of educational services and programs recommended or approved for the child, or to limit educational services to  be  made available  to the child or to justify the denial, reduction, or delay of such services to the child. No cause of action for damages  shall  arise in  favor  of  any  person  by  reason of any failure to comply with the provisions of this section except upon a showing of gross negligence  or willful misconduct.  (e)  Notwithstanding  any  inconsistent  provision of law, residential schools are authorized to provide temporary care for  persons  over  age twenty-one  who  are receiving transitional care as described in section 7.37-a or 13.37-a  of  the  mental  hygiene  law,  or  on  whose  behalf temporary  payments are being made pursuant to sections 7.38 or 13.38 of the mental hygiene law, where such persons  were  in  the  care  of  the residential  school  at the time of their twenty-first birthday and such persons have remained continuously in the care of the residential school since their twenty-first birthday.  (f) Notwithstanding any inconsistent provision of  law,  in  any  case where   an  individual  receiving  transitional  care  is  about  to  be transferred from a residential school to an adult placement, a  transfer plan  shall  be  prepared  by  the sending facility and forwarded to the receiving facility, the individual and, unless the  individual  objects, the parents, guardian or other family members prior to the transfer. The transfer  plan  shall  include any information necessary to facilitate a safe transfer, such as specific problems, a schedule  for  administering medications and behavior unique to the individual.  (5)  The  committee  on  special  education or, in the case of a state operated school, the multidisciplinary team shall  not  later  than  the annual  review  prior  to  the  eighteenth  birthday of a student with a disability who is placed in a residential program by  the  committee  or multidisciplinary  team, or a student with a disability who is placed in a day program but the committee or multidisciplinary team has determined that the student is likely to require adult residential  services,  with the  consent  of  the parents, notify and invite a representative of the office  of  mental  health,  office  for   people   with   developmental disabilities,  or  the  state  education  department, as appropriate, to participate in the  committee  on  special  education  meeting  for  the development  of  a recommendation for adult services pursuant to section 7.37  or  13.37  of  the  mental  hygiene  law,  section  three  hundred ninety-eight-c  of the social services law or section forty-four hundred three of this article. The committee  or  multidisciplinary  team  shall give  the parent or guardian of the child, the opportunity to consent in writing to the release of relevant  information  to  such  other  public agency  or  agencies,  upon  request  of  such  agency  or agencies, for purposes of determining appropriateness of an  adult  program  for  such student.  (a) For the purposes of this subparagraph "relevant information" shall be  defined  as  that  information  in the possession of and used by the committee or the  multidisciplinary  team  to  ascertain  the  physical, mental,  emotional  and cultural-educational factors which contribute to  the student's disability, including but not limited to: (i)  results  of physical  and psychological examinations performed by private and school district  physicians  and  psychologists;  (ii)   relevant   information presented  by  the parent, guardian and teacher; (iii) school data which bear on the student's  progress  including  the  student's  most  recent individualized  education  program;  (iv)  results  of  the  most recent examinations  and  evaluations  performed  pursuant  to  clause  (d)  of subparagraph  three of this paragraph; and (v) results of other suitable evaluations   and   examinations   possessed   by   the   committee   or multidisciplinary  team. Nothing in this subparagraph shall be construed to require any  committee  or  multidisciplinary  team  to  perform  any examination or evaluation not otherwise required by law.  (b) Upon consent obtained pursuant to this subparagraph, the committee or  multidisciplinary  team  shall  forward the student's name and other relevant information in a report to the  appropriate  public  agency  as determined  by  the  committee or multidisciplinary team, based upon the student's disability and physical, mental, emotional and  social  needs. The  committee shall forward additional and updated relevant information to the appropriate public agency upon the request for  such  information by such agency, with the consent of the parents, or the student, if such student is eighteen years or older.  (c)  When  the  committee or multidisciplinary team is notified by the public agency which received the report that such state  agency  is  not responsible  for  determining  and  recommending  adult services for the child, the committee or multidisciplinary team shall forward the  report to another public agency; or, if the committee or multidisciplinary team determines  that there exists a dispute as to which state agency has the responsibility for determining  and  recommending  adult  services,  the committee  or  multidisciplinary  team  may  forward  the  report to the council on children and families for a resolution of such dispute.  (6) The committee on special education shall provide  a  copy  of  the handbook  for  parents  of  children with disabilities established under subdivision eight of section four thousand four hundred  three  of  this article  or  a  locally  approved  booklet  for parents of children with disabilities to the parents or person  in  parental  relationship  to  a child  as  soon  as  practicable  after such child has been referred for evaluation to the committee on special education.   2. a. The board of education or trustees of each school district shall be required to furnish suitable educational opportunities  for  students with  disabilities  by one of the special services or programs listed in subdivision two of section forty-four hundred one of this  article.  The need  of  the  individual  child  shall determine which of such services shall be rendered. Each district shall provide  to  the  maximum  extent appropriate  such  services  in  a  manner  which  enables students with disabilities  to  participate  in  regular   education   services   when appropriate.  Such  services  or programs shall be furnished between the months of September and June of each year, except that for the  nineteen hundred  eighty-seven--eighty-eight  school  year  and  thereafter, with respect to the students whose disabilities are severe enough to  exhibit the need for a structured learning environment of twelve months duration to  maintain developmental levels, the board of education or trustees of each school district upon the recommendation of the committee on special education shall also provide, either directly or by  contract,  for  the provision  of  special  services  and  programs  as  defined  in section forty-four hundred one of this article during the  months  of  July  and August  as  contained  in  the individualized education program for each eligible student,  and  with  prior  approval  by  the  commissioner  if required;  provided that a student with a disability who is eligible for  services, including services during  the  months  of  July  and  August, pursuant  to section forty-four hundred ten of this article shall not be eligible to receive services  pursuant  to  this  paragraph  during  the months of July and August.   b.  (1)  Provided,  however, that in each school district the board of education or  trustees  of  such  district  are  hereby  authorized  and empowered  to  contract  for  such  special services or programs as such board  shall  deem  reasonable  and  appropriate  for  such  handicapped children  after  consideration  of  the  recommendations  of  the  local committee on special education and the hearing officer if a  hearing  is held  pursuant  to  section forty-four hundred four of this chapter and, where specified in subparagraph two of this paragraph, with the approval of the commissioner after a finding by him that no  appropriate  special services  or  programs  specified  in  paragraphs  a  through d and k of subdivision two of section forty-four hundred one are available.  (2) The board shall select the most reasonable and appropriate special service or program for such children from those  programs  specified  in paragraphs  a,  b,  c,  e,  f, g, h, i, k, l and m of subdivision two of section forty-four hundred one of  this  article  upon  receipt  of  the recommendation of the committee on special education. All contracts with schools  pursuant to the provisions of paragraphs d, e, f, g, h, l and m of subdivision two of section forty-four hundred  one  of  this  article shall  be  subject  to  the  approval of the commissioner. All contracts under paragraph c of subdivision two of section forty-four  hundred  one shall  be  made in accordance with the provisions of subdivision four of section nineteen hundred fifty of this chapter. No child shall be placed in a residential school nor shall  a  board  recommend  placement  in  a residential  facility  specified  in  paragraph  j of subdivision two of section  forty-four  hundred  one  unless  there   is   no   appropriate nonresidential  school available consistent with the needs of the child. The board shall provide written  notice  of  its  determination  to  the parent  or  legal  guardian  of  such child. If the determination of the board of education is not consistent with  the  recommendations  of  the committee  on special education, such notice shall include the statement of the reasons for such determination which shall identify  the  factors considered by the committee on special education in its evaluation.  (3)  If  the board cannot secure an appropriate special service within the state or non-residential program to meet the needs of the child,  it shall notify the commissioner.   c.  Nothing in this section shall be deemed or construed to prohibit a committee on special education from recommending a  special  service  or program   specified  in  paragraph  d  of  subdivision  two  of  section forty-four hundred one of this chapter or to diminish the power  of  the commissioner to make appointments pursuant to such paragraph.   * d.  1.  Notwithstanding  any provision of law, rule or regulation to the contrary, the board of education or trustees of a  school  district, except a city school district in a city with a population of one million or  more  inhabitants  may,  upon  written notice to the commissioner in compliance  with  subparagraph  two  of  this  paragraph  and   parental notification,  for the remainder of the school year exceed the standards established in regulation for special education class sizes  for  middle and  secondary  school  students  as  defined  by  the  commissioner for purposes of this section by no more than a twenty percent increase above such standards, provided that the district is in  compliance  with  such standards  at  the start of classes in September of the school year, and further provided that a city school district in a city with a population of one hundred twenty-five thousand or more and less  than  one  million inhabitants  shall  have  the  option of either increasing maximum class  sizes in any school year pursuant to this section or establishing  class sizes  for  special  classes  for  certain students with disabilities in accordance with the provisions of subdivision six of this section.   2.  The  notice shall be on a form prescribed by the commissioner, and shall sufficiently demonstrate educational justification and consistency with continuing an appropriate education for all children affected.  The commissioner  may  revoke  or  preempt any increase in class size upon a finding that  increasing  class  size  as  proposed  would  fail  to  be consistent with appropriate special education.   * NB Repealed July 1, 2024   3.  Each  school district shall make available a register of public or private agencies and other professional resources within the county from which a  parent  or  person  in  parental  relationship  may  obtain  an independent evaluation of the child.   4.  a.  The board of education or the board of trustees of each school district shall provide  suitable  transportation  to  and  from  special classes  or  programs,  with the exception of residential facilities for the care and treatment of children with  handicapping  conditions  under the  jurisdiction  of  an  agency  of  the  state  other  than the state department of education, as specified in subdivisions two  and  four  of section forty-four hundred one of this article.   b.  Such  board  may  permit  any  adult,  willing  to  serve  without compensation, to act as an attendant for such children.   c. Such board  shall  be  empowered  to  contract  for  transportation services  provided  pursuant  to this subdivision with any municipality, Board of Cooperative Educational Services, public authority  or  private contractor  meeting  the  school  bus  provisions  outlined  in  section thirty-six hundred twenty-three of this chapter and  the  standards  and specifications relating thereto.   d.  Notwithstanding  any  other  provision  of  law,  such board shall provide suitable transportation up to a distance of fifty miles  to  and from  a  nonpublic  school  which  a child with a handicapping condition attends if such child has been so identified by the local  committee  on special  education and such child attends such school for the purpose of receiving services or programs similar to special  educational  programs recommended for such child by the local committee on special education.   5.  Notwithstanding  any provisions of this article to the contrary or the provisions of section thirty-two hundred  two  of  this  chapter,  a child  with  a  handicapping condition who reaches the age of twenty-one during (a) the period commencing with the first day of July  and  ending on  the  thirty-first  day  of  August  shall  if otherwise eligible, be entitled to continue in a July and August program until the thirty-first day of August or until the termination of the summer program,  whichever shall  first  occur;  or  (b)  the period commencing on the first day of September and ending on the thirtieth day of June shall be  entitled  to continue  in  such  program until the thirtieth day of June or until the termination of the school year, whichever shall first occur.   6. Notwithstanding any other law, rule or regulation to the  contrary, the  board  of  education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be  permitted to  establish  maximum  class  sizes  for  special  classes  for certain students with disabilities in accordance with  the  provisions  of  this subdivision. For the purpose of obtaining relief from any adverse fiscal impact  from under-utilization of special education resources due to low student attendance in  special  education  classes  at  the  middle  and secondary  level  as  determined  by  the  commissioner,  such boards of education   shall,   during   the   school   years   nineteen    hundred ninety-five--ninety-six    through    June   thirtieth,   two   thousand  twenty-four, be authorized to increase class sizes  in  special  classes containing students with disabilities whose age ranges are equivalent to those  of  students  in  middle  and secondary schools as defined by the commissioner for purposes of this section by up to but not to exceed one and  two  tenths  times  the  applicable maximum class size specified in regulations of the commissioner rounded up to the nearest whole  number, provided  that  in  a  city  school  district having a population of one million or more, classes that have a maximum class size of  fifteen  may be increased by no more than one student and provided that the projected average  class  size  shall  not  exceed  the  maximum  specified in the applicable regulation, provided that such authorization shall  terminate on  June  thirtieth,  two  thousand. Such authorization shall be granted upon filing  of  a  notice  by  such  a  board  of  education  with  the commissioner  stating the board's intention to increase such class sizes and a certification that the board will conduct a  study  of  attendance problems  at  the secondary level and will implement a corrective action plan to increase the rate of attendance of students in such  classes  to at  least  the  rate for students attending regular education classes in secondary schools of the district. Such corrective action plan shall  be submitted  for  approval by the commissioner by a date during the school year in which such board increases class sizes as provided  pursuant  to this  subdivision  to  be  prescribed by the commissioner. Upon at least thirty days notice to the board of education, after  conclusion  of  the school  year  in  which  such  board  increases  class sizes as provided pursuant to this subdivision, the commissioner shall  be  authorized  to terminate such authorization upon a finding that the board has failed to develop or implement an approved corrective action plan.   7.  a.  The board of education or trustees of each school district and the board of trustees of each charter school shall  adopt  a  policy  to ensure  that  each regular education teacher, special education teacher, related service provider, and other service provider who is  responsible for  the  implementation of a student's individualized education program shall be given a copy of such student's individualized education program prior to the implementation of such program or shall be able  to  access such   student's   individualized   education   program  electronically; provided,  however,  if  the  policy   provides   that   the   student's individualized  education program is to be accessed electronically, then such policy shall also ensure that the individuals responsible  for  the implementation  of a student's individualized education program shall be notified and trained on how  to  access  such  individualized  education programs electronically.   b.   Such   policy   shall  require  that  any  copy  of  a  student's individualized education program provided pursuant to  this  subdivision shall  remain  confidential  and  shall  not be redisclosed to any other person, in compliance with  federal  and  state  laws  and  regulations, including the Individuals with Disabilities Education Act and the Family Educational Rights and Privacy Act.   c.  Such  policy  shall  require the chair of the committee on special education to designate a professional employee of  the  school  district with  knowledge  of  the  student's disability and education program to, prior to the implementation of  the  individualized  education  program, inform  each  teacher,  assistant and support staff person of his or her responsibility relating to  the  implementation  of  the  individualized education  program  and  the specific accommodations, modifications, and supports that must be provided for the student in  accordance  with  the individualized education program.   8.  Upon  their  child's  enrollment or attendance in a public school, such school shall notify every parent or person in parental relation  of  their  rights  regarding  referral and evaluation of their child for the purposes  of  special  education  services  or  programs   pursuant   to applicable  federal and state laws. Such notification may be provided by directing  parents or persons in parental relation to obtain information located on the department's website relating  to  a  parent's  guide  to special  education  in  New  York  state for children ages three through twenty-one provided the notification shall also  contain  the  name  and contact  information  for  the  chairperson  of  the  school  district's committee on special education or other individual who is  charged  with processing referrals to the committee in the district.