2023 New York Laws › EDN - Education › Title 6 - Special Schools and Instruction › Article 89 - Children With Disabilities. › 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; and
c. 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; and
c. 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