2023 New York Laws › EDN - Education › Title 6 - Special Schools and Instruction › Article 89 - Children With Disabilities. › 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 disability, 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  disability,
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 disabilities.
(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  disability
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 twenty-two of
section four of the veterans' services 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 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  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  children  with
disabilities  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, 2025
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  disabilities  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 disability 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 disability 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.
* NB Effective until July 1, 2024
* 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-five, 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.
* NB Effective July 1, 2024
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.
9.  The  board  of education or trustees of each school district shall
develop a procedure to notify the parent or person in parental  relation
of  a student with a disability on the same day a physical or mechanical
restraint is applied on such student or such student is placed in a time
out room. When the student's  parent  or  person  in  parental  relation
cannot  be  contacted  after reasonable attempts are made, the principal
shall record and report  such  attempts  to  the  committee  on  special
education.