NY Educ L § 4401-A (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 89 - Children With Handicapping Conditions 4401-A - Referral and Evaluation for Special Education Services or Programs.

* § 4401-a. Referral  and evaluation for special education services or   programs. 1. Any  student  suspected  of  having  a  disability  may  be   referred for initial evaluation to determine if the student is a student   with  a  disability  by  the  parent or person in parental relation, the   commissioner or a designee of a public agency responsible for  providing   education  to  students  with disabilities, including but not limited to   the school district  in  which  the  student  resides.  In  addition,  a   professional  staff  member  of  the school which the student attends or   professional staff member of the school district in  which  the  student   resides,  physician,  judicial  officer,  professional staff member of a   public agency, or the pupil himself or herself if such pupil is eighteen   years of age or older or is an emancipated minor may  request  that  the   school  district  in  which  the  student  resides refer the student for   initial evaluation.2. A request for referral submitted by an individual  other  than  the   student student or a judicial officer shall:a.  state the reasons in writing for the referral and include any test   results, records or reports upon which the referral is based unless such   test results, records or reports are unavailable;b.  describe   in   writing,   intervention   services   programs   or   instructional methodologies to remediate the student's performance prior   to  referral  including  any  supplementary  aids  or  support  services   provided for this purpose or state the reason why no such attempts  were   made; andc. describe the extent of contact or involvement prior to the referral   with the parent or person in parental relationship.3.  A  referral  submitted  by a parent or person in parental relation   shall be submitted in writing to the chairperson  of  the  committee  on   special  education or the building administrator of the school which the   student attends or is eligible to attend. If such referral is  submitted   to  the building administrator, the building administrator shall forward   a copy to the chairperson of the committee on special education. If such   referral  is  submitted  to  the  chairperson  of  the  committee   such   chairperson  shall  forward  a  copy  of  such  referral to the building   administrator of the school which the student attends or is eligible  to   attend.  A referral submitted by any other individual shall be submitted   in writing to the chairperson of the committee on special  education  or   the building administrator of the school which the student attends or is   eligible  to  attend.  The  building administrator may request a meeting   with the parent or person in parental relation to the  student  for  the   purpose  of  discussing  educational  alternatives to special education.   Such alternatives may include the  provision  of  services  designed  to   address  the  learning  needs  of  the  student  and  maintain a child's   placement  in  general  education  with  the  provision  of  appropriate   educational  and  support  services.  Nothing  contained in this section   shall in any way impede a committee on special education from continuing   its duties and functions under this article with  regard  to  a  student   referred  for  special  education or a parent's access to the committee,   except that,  if  the  parent  concurs  in  writing  with  the  building   administrator  to  the  provision of educational alternatives to special   education, the referral shall be deemed withdrawn.4. The individual evaluation of the educational  needs  of  a  student   referred  to  the  committee  on special education shall be conducted by   qualified  individuals,  in   accordance   with   regulations   of   the   commissioner,  with  the  results  of  such  evaluation forwarded to the   committee on special education and the student's  parent  or  person  in   parental relation. 5. Special education services and programs shall be provided after the   appropriateness  of  the  resources  of  the  regular education program,   including, but not limited to, support  services,  speech  and  language   services, additional educational services and remedial instruction, have   been  considered. Each school district shall develop a plan and policies   for implementing school wide approaches and  pre-referral  interventions   in order to implement the provisions of this subdivision.6. If the committee on special education has determined that placement   in  special  education  services  or programs is not appropriate for the   child under consideration, a copy of the committee's recommendation  and   pertinent  information supporting such recommendation shall be forwarded   to the building administrator of the school which the child attends  and   to  the parent or person in parental relation to the child. The building   administrator  shall  determine  which  support  services,  speech   and   language services and additional educational services should be provided   to  the  child in order to assist the child to benefit from a program of   regular education and, to the extent available, shall assure that  those   services  are  provided.  Nothing contained in this subdivision shall be   construed to limit the right of the  parent  or  a  person  in  parental   relation   to   the  student  to  make  a  referral  or  to  appeal  the   recommendation of the committee on special education in accordance  with   the  provisions  contained  in  section  forty-four hundred four of this   chapter.* NB Effective until June 30, 2024* § 4401-a. Referral and evaluation for special education services  or   programs.  1. Any pupil suspected of having a handicapping condition may   be referred for special education services or programs by the parent  or   person in parental relationship, professional staff member of the school   which  the  pupil  attends  or  professional  staff member of the school   district in which the pupil resides, physician,  judicial  officer,  the   commissioner  or  designee  of  a  public  agency,  the pupil himself or   herself if such pupil is eighteen  years  of  age  or  older  or  is  an   emancipated minor.2.  A  referral  submitted  by an individual other than the pupil, the   pupil's parent or person in parental relationship or a judicial  officer   shall:a.  state the reasons in writing for the referral and include any test   results, records or reports upon which the referral is based unless such   test results, records or reports are unavailable;b.  describe   in   writing,   intervention   services   programs   or   instructional  methodologies  to remediate the pupil's performance prior   to  referral  including  any  supplementary  aids  or  support  services   provided  for this purpose or state the reason why no such attempts were   made; andc. describe the extent of contact or involvement prior to the referral   with the parent or person in parental relationship.3. A referral submitted by a parent, a person in parental relationship   or the pupil, shall be submitted in writing to the  chairperson  of  the   committee  on  special  education  or  the building administrator of the   school which the pupil  attends  or  is  eligible  to  attend.  If  such   referral  is  submitted  to  the  building  administrator,  the building   administrator shall forward a copy to the chairperson of  the  committee   on  special  education. If such referral is submitted to the chairperson   of the committee such chairperson shall forward a copy of such  referral   to  the  building administrator of the school which the pupil attends or   is eligible to attend. A referral  submitted  by  any  other  individual   shall  be  submitted  in  writing to the chairperson of the committee on   special education or the building administrator of the school which  the    pupil  attends  or is eligible to attend. The building administrator may   request a meeting with the parent, person in  parental  relationship  to   the  pupil  and/or  the  pupil for the purpose of discussing educational   alternatives  to  special  education.  Such alternatives may include the   provision  of  educationally  related  support  services  or  any  other   services  designed  to  address  the  learning  needs of the student and   maintain a child's placement in general education with the provision  of   appropriate  educational and support services. Nothing contained in this   section shall in any way impede a committee on  special  education  from   continuing  its duties and functions under this article with regard to a   pupil referred for  special  education  or  a  parent's  access  to  the   committee,  except  that,  if  the  parent  concurs  in writing with the   building administrator to the provision of educational  alternatives  to   special education, the referral shall be deemed withdrawn.4.  The  individual  evaluation  of  the  educational needs of a pupil   referred to the committee on special education  shall  be  conducted  by   qualified   individuals,   in   accordance   with   regulations  of  the   commissioner, with the results  of  such  evaluation  forwarded  to  the   committee  on  special  education  and  the  pupil's parent or person in   parental relationship.5. Special education services and programs shall be provided after the   appropriateness of the  resources  of  the  regular  education  program,   including  educationally  related  support  service, speech and language   improvement services and remedial  instruction,  have  been  considered.   Each  school district shall develop a plan and policies for implementing   school  wide  approaches  and  prereferral  interventions  in  order  to   implement the provisions of this subdivision.6. If the committee on special education has determined that placement   in  special  education  services  or programs is not appropriate for the   child under consideration, a copy of the committee's recommendation  and   pertinent  information supporting such recommendation shall be forwarded   to the building administrator of the school which the child attends  and   to  the  parent  or  person  in  parental relationship to the child. The   building  administrator  shall  determine  which  educationally  related   support   services,   speech   and  language  improvement  services  and   additional educational services should be provided to the child in order   to assist the child to benefit from a program of regular education  and,   to  the extent available, shall assure that those services are provided.   Nothing contained in this subdivision shall be construed  to  limit  the   right  of  the parent, a person in parental relationship to the pupil or   the pupil to make a referral or to  appeal  the  recommendation  of  the   committee  on  special  education  in  accordance  with  the  provisions   contained in section forty-four hundred four of this chapter.* NB Effective June 30, 2024