New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 201 - Procedural Safeguards For Students With Disabilities Subject To Discipline › Section 201.10 - Provision of services during suspensions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) During any period of suspension, a
				  student with a disability shall be provided services to the extent required
				  under this section and paragraph (e) of subdivision 3 of section 3214  of the Education Law. Nothing in this
				  section shall be construed to confer a greater right to services than is
				  required under Education Law, section
				  3214(3)(e) and Federal law
				  and regulations.
(b) During
				  suspensions or removals for periods of up to 10 school days in a school year
				  that do not constitute a disciplinary change in placement, students with
				  disabilities of compulsory attendance age shall be provided with alternative
				  instruction pursuant to Education Law, section
				  3214(3)(e) on the same
				  basis as nondisabled students. Students with disabilities who are not of
				  compulsory attendance age shall be entitled to receive services during such
				  suspensions only to the extent that services are provided to nondisabled
				  students of the same age who have been similarly suspended.
(c) During subsequent suspensions or removals
				  for periods of 10 consecutive school days or less that in the aggregate total
				  more than 10 school days in a school year but do not constitute a disciplinary
				  change in placement, regardless of the manifestation determination, students
				  with disabilities shall be provided with services necessary to enable the
				  student to continue to participate in the general education curriculum and to
				  progress toward meeting the goals set out in the student's IEP and to receive,
				  as appropriate, a functional behavioral assessment, behavioral intervention
				  services and modifications that are designed to address the behavior violation
				  so it does not recur. School personnel, in consultation with at least one of
				  the student's teachers, shall determine the extent to which services are
				  needed, so as to enable the student to continue to participate in the general
				  education curriculum, although in another setting, and to progress in meeting
				  the goals set out in the student's IEP.
(d) During suspensions or other disciplinary
				  removals, including suspensions or removals pursuant to section
				  201.7(e) 
				  of this Part, for periods in excess of 10 school days in a school year which
				  constitute a disciplinary change in placement, regardless of the manifestation
				  determination, students with disabilities shall be provided with services
				  necessary to enable the student to continue to participate in the general
				  education curriculum, to progress toward meeting the goals set out in the
				  student's IEP, and to receive, as appropriate, pursuant section
				  201.3 
				  of this Part, a functional behavioral assessment, behavioral intervention
				  services and modifications that are designed to address the behavior violation
				  so it does not recur. The IAES and services shall be determined by the
				  CSE.