New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 116 - Educational Programs And Services For Children In Full-time Residential Care In Homes Or Facilities Operated Or Supervised By A State Department Or Agency Or Political Subdivision › Section 116.6 - Programs for pupils with handicapping conditions

Current through Register Vol. 46, No. 28, July 10, 2024
Special educational services and programs, as required by
					 this section, shall be provided by each facility under the jurisdiction of a
					 State department or agency or political subdivision subject to the provisions
					 of this Part, to each pupil determined to have a handicapping condition, in
					 accordance with subdivision (a) of this section.
(a) The chief administrator of each facility
				  shall appoint or ensure the availability of a committee, whose membership and
				  duties shall be comparable to those of the committee on special education as
				  set forth in section 4402.1(b) of the Education Law. Such committee shall
				  evaluate the needs of each pupil suspected of being handicapped and shall
				  recommend an appropriate educational program for each pupil determined by the
				  committee to be a pupil with a handicapping condition, as such term is defined
				  in section
				  200.1(cc) 
				  of this Title. Procedural due process in the identification, evaluation and
				  placement of a pupil with a handicapping condition shall be afforded to the
				  pupil and the pupil's parent, as defined in section
				  200.1(y) 
				  of this Title, in accordance with the provisions of sections
				  200.4
				  and
				  200.5  of
				  this Title. For the purposes of this subdivision, the duties of the school
				  district committee on special education and the board of education or trustees
				  set forth in sections
				  200.4
				  and
				  200.5  of
				  this Title shall be the duties of such committee and chief administrator of
				  each facility, respectively.
(b)
				  Appropriate special education programs and services shall be provided to each
				  pupil with a handicapping condition in accordance with the standards set forth
				  in section
				  200.6  of
				  this Title. The programs and services offered to pupils with handicapping
				  conditions shall be provided by appropriately qualified personnel in accordance
				  with section
				  200.6(b) 
				  of this Title. An individualized education program describing in detail the
				  programs and services to be provided shall be developed for each pupil with a
				  handicapping condition in accordance with section
				  200.4 
				  of this Title. Educational programs shall be in session in accordance with the
				  provisions of sections
				  116.2  and
				  either 116.3 or 116.4 of this Part.
(c) An educational progress report and a copy
				  of an individualized education program shall be provided by each facility to
				  the committee on special education of the school district in which a pupil
				  resided prior to the assumption of responsibility for residential care for such
				  pupil by the agency, and each facility shall designate one professional
				  educator on its staff who shall maintain contact with such committee on special
				  education. Other data and/or reports shall be made available on request to the
				  school district committee on special education.
(d) Each home or facility shall maintain a
				  list and, when appropriate, provide for the selection of surrogate parents in
				  accordance with section
				  200.5(e) 
				  of this Title.