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 200.2 - Board of education responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Census and register of students
				  with disabilities.
(1) The board of
				  education or trustees of each school district shall conduct a census in
				  accordance with Education Law, sections 3240, 3241 and 3242, to locate and
				  identify all students with disabilities who reside in the district and shall
				  establish a register of such students who are entitled to attend the public
				  schools of the district or are eligible to attend a preschool program in
				  accordance with section 4410  of the Education Law during the next
				  school year, including students with disabilities who are homeless or who are
				  wards of the State. The register of such students and others referred to the
				  committee as possibly having a disability shall be maintained and revised
				  annually by the district committee on special education or the committee on
				  preschool special education, as appropriate. Procedures shall be implemented to
				  assure the availability of statistical data to readily determine the status of
				  each student with a disability in the identification, location, evaluation,
				  placement and program review process. Census data shall be reported by October
				  1st to the committee on special education or committee on preschool special
				  education, as appropriate.
(2) Data
				  requirements.
(i) Procedures shall be
				  designed to record data on each student, and shall include at least the
				  following types of data:
(a) student's name,
				  address and birthdate;
(b)
				  student's parents' names, address(es), and the native language of the student's
				  home;
(c) student's suspected
				  disability;
(d) dates of referral,
				  evaluations, recommendations of the committee on special education, or
				  committee on preschool special education, actual placement, and annual program
				  reviews;
(e) site where the student
				  is currently receiving an educational program;
(f) other student information as required by
				  the Individuals with Disabilities Education Act (20 U.S.C.
				  1400
et seq.
) and Federal
				  regulations, including but not limited to the student's race, ethnicity,
				  limited English proficiency status, gender and disability category;
(g) if the student is not receiving an
				  appropriate public education, the reason shall be
				  described.
(ii) The data
				  shall be organized so that it can readily be determined whether each student is
				  receiving an appropriate public education, a partial education or no education
				  at all.
(3) Data
				  collection. All persons involved in the collection of data shall have received
				  prior training and written information regarding the procedures to be followed
				  in collecting the data.
(4) Data
				  reporting. The reporting of data shall be conducted in accordance with the
				  following policies and procedures:
(i) School
				  districts shall prepare, and keep on file, summary reports of student data,
				  including numbers of students who are:
(a)
				  unserved and the reasons they are unserved; and
(b) served.
(ii) A summary report of the students served
				  shall be submitted by local school districts to the State Education Department
				  in a manner prescribed by the commissioner.
(5) The board of education or trustees of
				  each school district shall keep on file the register and related summary
				  reports which shall be available to the district superintendent of the
				  supervisory district in which the district is located or other representatives
				  of the State Education Department.
(6) Paragraphs (1)-(5) of this subdivision
				  shall not apply to schools and students subject to the provisions of articles
				  81, 85, 87 and 88 of the Education Law and chapter 1060 of the Laws of 1974.
				  Schools subject to the provisions of such articles and chapter shall keep their
				  own census of students, and shall submit such census directly to the
				  commissioner on forms prescribed by the commissioner.
(7) Procedures to locate, identify, and
				  evaluate all nonpublic private elementary and secondary school students with
				  disabilities, including religious-school children as required by the Education
				  Law must be established to ensure the equitable participation of parentally
				  placed private school students with disabilities and an accurate count of such
				  students. The child find activities must be similar to activities undertaken
				  for students with disabilities in public schools and must be completed in a
				  time period comparable to that for other students attending public schools in
				  the school district. The school district shall consult with representatives of
				  private schools and representatives of parents of parentally placed private
				  school students with disabilities on the child find process.
(i) If a student a parentally-placed, or is
				  going to be parentally-placed in a private elementary or secondary school that
				  is not located in the student's school district of residence, parental consent,
				  or consent of a student 18 years of age or older, must be obtained before any
				  personally identifiable information about the student is released between
				  officials in the district where the private school is located and officials in
				  the parent's district of residence.
(ii) The school district shall maintain in
				  its records and report to the commissioner, in a manner prescribed by the
				  commissioner, on the number of students enrolled in such private schools by
				  their parents who are evaluated to determine if they are students with
				  disabilities, the number of such students who are determined to have a
				  disability and the number of such students who received special education
				  services under this Part.