New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 200 - Children with Handicapping Conditions › Section 200.3 - Committee on special education and committee on preschool special education

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each board of
				  education or board of trustees shall appoint:
(1) committees on special education in
				  accordance with the provisions of Education Law, section
				  4402, as necessary to ensure timely
				  evaluation and placement of students. The membership of each committee shall
				  include, but not be limited to:
(i) the
				  parents or persons in parental relationship to the student;
(ii) not less than one regular education
				  teacher of the student whenever the student is or may be participating in the
				  regular education environment;
(iii) not less than one special education
				  teacher of the student, or, if appropriate, not less than one special education
				  provider of the student;
(iv) a
				  school psychologist;
(v) a
				  representative of the school district who is qualified to provide or supervise
				  special education and who is knowledgeable about the general education
				  curriculum and the availability of resources of the school district, provided
				  that an individual who meets these qualifications may also be the same
				  individual appointed as the special education teacher or the special education
				  provider of the student or the school psychologist. The representative of the
				  school district shall serve as the chairperson of the committee;
(vi) an individual who can interpret the
				  instructional implications of evaluation results. such individual may also be
				  the individual appointed as the regular education teacher, the special
				  education teacher or special education provider, the school psychologist, the
				  representative of the school district or a person having knowledge or special
				  expertise regarding the student when such member is determined by the school
				  district to have the knowledge and expertise to fulfill this role on the
				  committee;
(vii) a school
				  physician, if specifically requested in writing by the parent of the student or
				  by a member of the school at least 72 hours prior to the meeting;
(viii) an additional parent member of a
				  student with a disability residing in the school district or a neighboring
				  school district, provided that the additional parent member may be the parent
				  of a student who has been declassified within a period not to exceed five years
				  or the parent of a student who has graduated within a period not to exceed five
				  years, if specifically requested in writing by the parent of the student, the
				  student or by a member of the committee at least 72 hours prior to the
				  meeting;
(ix) other persons having
				  knowledge or special expertise regarding the student, including related
				  services personnel as appropriate, as the school district or the parent(s)
				  shall designate. The determination of knowledge or special expertise of such
				  person shall be made by the party (parents or school district) who invited the
				  individual to be a member of the committee on special education; and
(x) if appropriate, the student;