reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 188 - State Government Archives And Records Management › Section 188.25 - Identification, preservation, and public access to archival records of the executive chamber

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
				  the purposes of this section, executive chamber records are defined as all
				  books, papers, microforms, computer-readable tapes, discs or other media, maps,
				  photographs, film, video and sound recordings, or other documentary materials,
				  regardless of physical form or characteristics, made or received by the
				  Governor and his or her Executive Chamber staff, or made by the Governor and
				  Executive Chamber staff and transmitted by them to the office of the head or
				  governing body of any agency, in connection with the transaction of public
				  business, and retained by the Governor and his or her staff or an agency head
				  or governing body or its legitimate successor as evidence of the organization,
				  functions, policies, decisions, procedures, operations, or other activities, or
				  because of the information contained therein. Library or museum material made
				  or acquired and preserved solely for reference or exhibition purposes, extra
				  copies of documents preserved only for convenience of reference, and stocks of
				  publications and of blank forms shall not be deemed to constitute
				  records.
(b) Consistent with any
				  policies established by the Governor or his or her designee, the director shall
				  review proposed records retention and disposition schedules or other plans and
				  procedures for the disposition of Executive Chamber records in order to
				  identify and ensure the continued preservation of those Executive Chamber
				  records which warrant archival retention and administration. In addition, the
				  director shall advise and assist the Governor or his or her designee in the
				  operation of records management programs so that archival records may be
				  readily identified and protected.
(c) Executive Chamber records may be
				  transferred to the State records center facility, where access to such
				  Executive Chamber records shall remain under the control of the Governor or
				  former Governor who transferred the records, or a designee. There shall be no
				  charge for storage in a records center facility of Executive Chamber records
				  that are identified as archival and are scheduled for later transfer to the
				  State Archives.
(d) Executive
				  Chamber records which are identified as archival should ultimately be
				  transferred to the State Archives to be preserved and made available for
				  research.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 188 - State Government Archives And Records Management › Section 188.27 - Protection and loan of archival records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Archival records shall not be removed
				  from an archives facility unless removal is required for preservation treatment
				  purposes or is otherwise authorized by the director pursuant to the provisions
				  of this section.
(b) In instances
				  of demonstrated need and subject to terms and conditions set forth in an
				  agreement between the State Archives, acting through the director, and an
				  agency or other unit of State government, archival records in the custody of
				  the State Archives may be loaned for official use outside the archives
				  facility.
(c) In instances of
				  demonstrated need and subject to terms and conditions set forth in an agreement
				  between the State Archives, acting through the director, and a museum,
				  historical records repository, library, school, or other organization or
				  institution, archival records may be loaned for educational and exhibit
				  purposes.
(d) The director may
				  establish satellite research room facilities, operated in cooperation with
				  other archival, library or educational establishments, and permit the temporary
				  transfer of archival records from the State Archives to such satellite
				  facilities.
(e) The director may
				  deny or restrict use of records in an archives facility, or require use of
				  copies in lieu of original archival records, when the physical condition of
				  archival records might be endangered by use.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 188 - State Government Archives And Records Management › Section 188.28 - Archival records of state university of new york

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The archival records of the State
				  University of New York (SUNY) system administration shall be preserved and
				  administered in a location mutually agreed upon by the SUNY Board of Trustees
				  and the director, and may be transferred to the State Archives. The archival
				  records of the colleges and universities of the State University of New York
				  shall ordinarily be preserved and administered on-site at the respective
				  campuses.
(b) The SUNY system
				  administration, in consultation with the colleges and universities, shall
				  prepare and implement standards for the administration of archival records of
				  the colleges and universities, subject to the director's approval of such
				  standards.
(c) The Chancellor of
				  the State University of New York, or a designee, shall report biennially to the
				  director on activities to administer archival records of the SUNY colleges and
				  universities.
(d) Funds made
				  available to the State University of New York for records administration
				  activities pursuant to the documentary heritage program administered by the
				  State Archives may be used, among other purposes, to assist the State
				  University of New York to develop the standards cited in subdivision (b) of
				  this section, to guide campuses in addressing the standards, and to prepare
				  biennial reports.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 188 - State Government Archives And Records Management › Section 188.29 - Board of elections records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each board of elections established under
				  the provisions of the Election Law may destroy or dispose of any records in its
				  custody providing authorization to do so has been obtained from the director
				  pursuant to the provisions of section 57.05  of the Arts and Cultural Affairs
				  Law. To obtain such authorization, a board of elections may, by formal
				  resolution, adopt the retention and disposition schedule issued by the State
				  Archives in consultation with the State Board of Elections for use by county
				  boards of elections. A board of elections that does not adopt the general
				  schedule must submit an application, in a manner and form prescribed by the
				  director, requesting authorization to destroy or dispose of records. Such
				  application shall be signed by two members of the board who shall not be
				  members of the same political party.
(b) When a board of elections plans to
				  preserve a microfilm copy of records in lieu of preserving the original
				  records, such board shall ensure that microfilm procedures and products meet
				  the provisions specified in section
				  188.18 
				  of this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 189 - Documentary Heritage Grants And Aid › Section 189.1 - Grants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Grants for
				  cooperative projects. For cooperative projects, grants shall be used to support
				  study and investigation of problems affecting more than one historical records
				  program; collaborative efforts to identify, appraise, collect, arrange,
				  describe, and make available historical records and efforts to encourage their
				  use; and professional training and program development consultation.
(b) Allowable expenditures.
(1) Allowable expenditures for historical
				  records program projects may include personnel, travel, service contracts, and
				  supplies and equipment.
(2)
				  Allowable expenditures for cooperative projects may include personnel costs,
				  travel costs, service contracts, supplies and equipment, and the costs of
				  necessary reproduction of material on historical records issues or techniques
				  and procedures.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 189 - Documentary Heritage Grants And Aid › Section 189.2 - Aid to regional advisory and assistance agencies

Current through Register Vol. 46, No. 28, July 10, 2024
Allowable expenditures may include personnel costs, travel
					 costs, supplies and equipment, costs of necessary reproduction of material on
					 historical records techniques and procedures, and appropriate costs for office
					 space, telephones, and related overhead costs.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 189 - Documentary Heritage Grants And Aid › Section 189.3 - Distribution of aid

Current through Register Vol. 46, No. 28, July 10, 2024
In determining the distribution of aid pursuant to
					 Education Law, section
					 140(8)(c), the commissioner
					 shall allocate at least $50,000 to each regional advisory and assistance agency
					 receiving aid. The amount remaining after such distribution shall be
					 distributed to each regional advisory and assistance agency receiving aid as
					 follows:
(a) One-sixth of such
				  remaining amount shall be distributed to each such agency on a pro rata basis,
				  with the pro rata share to be computed in accordance with the ratio which the
				  number of square miles of the area served by the agency bears to the total
				  number of square miles served by all regional advisory and assistance agencies
				  receiving aid.
(b) Five-sixths of
				  such remaining amount shall be distributed to each such agency on a pro rata
				  basis, with the pro-rata share to be computed in accordance with the ratio
				  which the population served by the agency bears to the total population served
				  by all regional advisory and assistance agencies receiving aid.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 189 - Documentary Heritage Grants And Aid › Section 189.4 - Aid to suny and cuny

Current through Register Vol. 46, No. 28, July 10, 2024
Aid to the central administrations of the State University
					 of New York (SUNY) and the City University of New York (CUNY) shall be used to
					 develop guidelines, policies and procedures, training, technical assistance,
					 materials, oversight, and retention and disposition schedules for university
					 records, and to promote, guide and direct the component institutions of such
					 universities in the sound administration of archival records.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 189 - Documentary Heritage Grants And Aid › Section 189.5 - Cost-sharing

Current through Register Vol. 46, No. 28, July 10, 2024
The amount of cost-sharing for historical record program
					 grant projects, other than those involving arrangement, description and other
					 work relating directly to the administration of historical records held by a
					 program, shall be 20 percent. For historical records program grants to the
					 State University of New York (SUNY) only, funds provided from the SUNY budget
					 shall be deemed to be local funds and in-kind services funded from the SUNY
					 budget shall be deemed to be local in-kind services.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 189 - Documentary Heritage Grants And Aid › Section 189.6 - Schedule of payments

Current through Register Vol. 46, No. 28, July 10, 2024
Except for aid and grants to the State University of New
					 York, after approval of applications, the payment schedule shall be as
					 follows:
(a) Fifty percent of the
				  allocation or grant amount shall be paid upon approval of the application and
				  budget.
(b) Forty percent of the
				  allocation or grant amount shall be paid at the mid-point of the project or of
				  the service provided.
(c) Ten
				  percent of the allocation or grant shall be paid upon submission of an
				  acceptable final report on the work carried out.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 189 - Documentary Heritage Grants And Aid › Section 189.7 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
Institutions and organizations receiving grants and aid
					 under this Part shall submit reports as required by the
					 commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter O - Employment Of Children › Part 191 - Employment Certificates › Section 191.1 - Casual employment for which employment certificate is not required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Yard work and
				  household chores in and about a residence or premises of a nonprofit,
				  noncommercial organization for which an employment certificate is not required
				  under the provisions of subdivision (7) of section 3215  of the Education Law and section 131  of the Labor Law shall include the
				  following:
(1) mowing grass by
				  hand-mowers;
(2) weeding;
(3) raking leaves;
(4) watering lawns;
(5) shoveling snow;
(6) Sweeping walks;
(7) washing dishes and other light kitchen
				  work;
(8) other similar light
				  household chores;
(9) acting as
				  companion to younger children;
(10)
				  caring for dogs and other pets which have no known vicious propensities;
				  and
(11) acting as guides and other
				  light housekeeping duties in hospitals and other noncommercial
				  institutions.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter O - Employment Of Children › Part 192 - National Defense › Section 192.1 - Release of pupils for employment

Current through Register Vol. 46, No. 28, July 10, 2024
School authorities may release pupils 14 years of age and
					 over for planting and harvesting and 16 years of age and over for work in
					 canneries and greenhouses devoted to food production and male pupils 16 years
					 of age and over for work in milk plants pursuant to provisions of the Education
					 Law when the following conditions have been satisfied:
(a) A copy of the certificate of emergency
				  issued by the Commissioner of Agriculture and Markets or by such officer or
				  agency as such commissioner may designate has been filed with the Commissioner
				  of Education and the superintendent of the school or schools from which pupils
				  are to be released. This certificate shall declare that adult labor is not
				  otherwise available, and specify the crops involved and the approximate number
				  of days when pupils will be needed for this work. Pupils shall not be released
				  prior to the receipt of such a certificate or for types of work not specified
				  in this certificate.
(b) When the
				  school medical examiner has certified that the pupil or pupils to be released
				  are physically fit for the work to be performed. No physical examination shall
				  be necessary for pupils who will work at home for their parents.
(c) When suitable and satisfactory provisions
				  can be arranged to safeguard the educational interests of pupils to be
				  released.
(d) No pupils shall be
				  released when hours of work, conditions of work, wages and transportation
				  facilities are known by school authorities to be unsatisfactory or hazardous to
				  the pupils' health or safety.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter O - Employment Of Children › Part 192 - National Defense › Section 192.2 - Length of release

Current through Register Vol. 46, No. 28, July 10, 2024
School authorities may release individual pupils for a
					 period not to exceed 30 days in any one school year, provided, however, that no
					 pupil shall be released for more than 20 days in any three-month
					 period.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter O - Employment Of Children › Part 192 - National Defense › Section 192.3 - Reports required

Current through Register Vol. 46, No. 28, July 10, 2024
School authorities shall report to the Commissioner of
					 Education on or before July 15 and December 15. This report shall include the
					 number of pupils released, the number of days absent from school and a
					 statement of the provisions made to safeguard the educational interests of
					 pupils.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter O - Employment Of Children › Part 192 - National Defense › Section 192.4 - Apportionment of school funds

Current through Register Vol. 46, No. 28, July 10, 2024
Apportionment of school funds shall be made in such a
					 manner that individual school districts will suffer no loss of public money on
					 account of the release of pupils as herein provided. A day's credit shall
					 accrue to a school district for each day that a pupil is released not to exceed
					 30 days in any one school year. Credit shall be granted for whole days of
					 absence only. School authorities shall record the absence of pupils in school
					 registers in accordance with instructions by the Commissioner of
					 Education.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter O - Employment Of Children › Part 192 - National Defense › Section 192.5 - Employment certificates required

Current through Register Vol. 46, No. 28, July 10, 2024
Standard employment certificates will be required for the
					 employment of pupils in canneries and milk plants. Farmwork permits will be
					 required for minors 14 or 15 years of age if employed in farm service by others
					 than their parents, guardians or custodians.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter O - Employment Of Children › Part 193 - Supervision Of Services For The Public Good › Section 193.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to the employment of juveniles by a
					 school district for the purpose of restitution, as ordered by the Family Court,
					 pursuant to section 758-a of The Family Court Act.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter O - Employment Of Children › Part 193 - Supervision Of Services For The Public Good › Section 193.2 - Written statement

Current through Register Vol. 46, No. 28, July 10, 2024
The terms and conditions of employment shall be contained
					 in a written statement and shall be acceptable to the board of education or
					 board of trustees and the Family Court. Copies of the written statement shall
					 be provided to all parties concerned, including the juvenile, the board of
					 education or board of trustees, the court, and the probation department or
					 agency which submits probation recommendations or reports to the
					 court.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter O - Employment Of Children › Part 193 - Supervision Of Services For The Public Good › Section 193.3 - School district supervision of juveniles

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The board of education or board of
				  trustees shall designate a school administrator or teacher to supervise the
				  juvenile. It shall be the duty of such school administrator or teacher to
				  monitor all working conditions for compliance with the provisions of this Part
				  and with the terms of the written statement.
(b) A written report shall be made at least
				  every six months to the Family Court and to the appropriate probation
				  department or agency which submits probation recommendations or reports, unless
				  the Family Court orders otherwise.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter O - Employment Of Children › Part 193 - Supervision Of Services For The Public Good › Section 193.4 - Conditions of employment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  places in which the juveniles are working shall be constructed, equipped,
				  arranged, operated and conducted so as to provide reasonable and adequate
				  protection for their lives, health and safety.
(b) Such employment may include, but is not
				  limited to:
(1) general cleanup;
(2) minor repairs;
(3) routine clerical duties;
(4) beautification of grounds.
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 200.4 - Procedures for referral, evaluation, individualized education program (IEP) development, placement and review

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Referral.
A student suspected of having a disability shall be
					 referred in writing to the chairperson of the district's committee on special
					 education or to the building administrator of the school which the student
					 attends or is eligible to attend for an individual evaluation and determination
					 of eligibility for special education programs and services. The school district
					 must initiate a referral and promptly request parental consent to evaluate the
					 student to determine if the student needs special education services and
					 programs if a student has not made adequate progress after an appropriate
					 period of time when provided instruction as described in section
					 100.2(ii) 
					 of this Title.
(1) Referral for an
				  initial evaluation. A referral may be made by:
(i) a student's parent as defined in section
				  200.1(ii) 
				  of this Part;
(ii) a designee of
				  the school district in which the student resides, or the public school district
				  the student legally attends or is eligible to attend;
(iii) the commissioner or designee of a
				  public agency with responsibility for the education of the student;
				  and/or
(iv) a designee of an
				  education program affiliated with a child care institution with committee on
				  special education responsibility pursuant to section 4002 (3)  of the Education
				  Law.
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 200.6 - Continuum of services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A student
				  with a disability shall be provided with appropriate special education.
(1) Students with disabilities shall be
				  provided special education in the least restrictive environment, as defined in
				  section 200.1(cc)  of this
				  Part. To enable students with disabilities to be educated with nondisabled
				  students to the maximum extent appropriate, specially designed instruction and
				  supplementary services may be provided in the regular class, including, as
				  appropriate, providing related services, resource room programs and special
				  class programs within the general education classroom.
(2) A student with a disability shall be
				  provided the special education specified on the student's IEP to be necessary
				  to meet the student's unique needs.
(3) Students with disabilities placed
				  together for purposes of special education shall be grouped by similarity of
				  individual needs as defined in section
				  200.1(ww)  of this
				  Part, in accordance with the following:
(i)
				  The range of academic or educational achievement of such students shall be
				  limited to assure that instruction provides each student appropriate
				  opportunities to achieve his or her annual goals. The learning characteristics
				  of students in the group shall be sufficiently similar to assure that this
				  range of academic or educational achievement is at least maintained.
(ii) The social development of each student
				  shall be considered prior to placement in any instructional group to assure
				  that the social interaction within the group is beneficial to each student,
				  contributes to each student's social growth and maturity, and does not
				  consistently interfere with the instruction being provided. The social needs of
				  a student shall not be the sole determinant of such placement.
(iii) The levels of physical development of
				  such students may vary, provided that each student is provided appropriate
				  opportunities to benefit from such instruction. Physical needs shall be
				  considered prior to determining placement to assure access to appropriate
				  programs. The physical needs of the student shall not be the sole basis for
				  determining placement.
(iv) The
				  management needs of such students may vary, provided that environmental
				  modifications, adaptations, or, human or material resources required to meet
				  the needs of any one student in the group are provided and do not consistently
				  detract from the opportunities of other students in the group to benefit from
				  instruction.
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 200.7 - Program standards for education programs for students and preschool students with disabilities being educated in private schools and State-operated or State-supported schools

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Approval of private schools for students with disabilities funded
				  pursuant to article 89 of the Education Law.
(1) General. General.
(i) Private schools and special-act school
				  districts for students with disabilities, including summer schools, shall be
				  eligible for approval by the commissioner to receive public funds for the
				  education of students with disabilities, provided such schools meet the
				  criteria in this Part.
(ii)
				  Facilities of educational programs located outside the continental United
				  States shall not be eligible for approval.
(iii) Reimbursement rates shall be calculated
				  according to New York State statutes and applicable regulations for all
				  approved private schools, including out-of-state schools and for special-act
				  school districts. However, the commissioner may accept reimbursement rates for
				  out-of-state schools calculated by the state in which the school is located,
				  provided those rates have been approved by the state in which the school is
				  located.
(iv) Private schools
				  seeking initial approval to be reimbursed with public funds shall have access
				  to sufficient capital or other financial resources, other than revenues
				  expected from New York State or local school districts, to cover all operating,
				  property maintenance, leasing or purchase costs during the year of conditional
				  approval.
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 200.8 - State assistance for instruction of students with disabilities pursuant to sections 4406 and 4410 of the education law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Approval of orders of the Family Court.
				  An order of the Family Court which directs that special educational services be
				  provided to a student with a disability may be approved by the commissioner,
				  provided that satisfactory evidence is submitted to establish that:
(1) for services provided during the months
				  of July and August through August 1989, such student is a child with a
				  disability, as defined by section 4401  of
				  the Education Law, and is not eligible for educational services pursuant to
				  article 73, 85, 87, 88 or 89 of the Education Law; or
(2) for services provided prior to September
				  1, 1989, such student meets all the criteria of section 4401 (1)  of the Education
				  Law, except that the student is under school-age of five and is not entitled to
				  attend public schools without the payment of tuition pursuant to section 3202  of the Education Law and such student
				  is also not eligible for educational services pursuant to article 73, 85, 87,
				  88 or 89 of the Education Law; or
(3) for services provided on or after
				  September 1, 1989, such student meets all the criteria of section 4401 (1)  of the Education
				  Law, except that the student is under the age of three and is not entitled to
				  attend a preschool program pursuant to section 4410  of the Education Law except that,
				  commencing July 1, 1991, a student who, as of his or her third birthday, is
				  already receiving services pursuant to section 236  of the Family Court Act may,
				  if the parent chooses, continue to receive such services through August 31st of
				  the calendar year in which the student first becomes eligible to receive
				  services pursuant to section 4410  of the Education Law and such student
				  is also not eligible for educational services pursuant to article 73, 85, 87,
				  88 or 89 of the Education Law.
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 200.11 - Admission to public schools of students residing in facilities of omh and opwdd or child care institutions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Students residing in hospitals of the
				  Office of Mental Health (OMH) and schools of the Office for People with
				  Developmental Disabilities (OPWDD) shall be identified, evaluated and provided
				  with special education and related services in accordance with the provisions
				  of section
				  116.6 
				  of this Chapter.
(1) The committee appointed
				  in each facility pursuant to section
				  116.6(a) 
				  shall recommend to the school district in which the facility is located that
				  those students determined by the facility committee to be able to benefit from
				  instruction in a public school program be admitted to the schools of such
				  district.
(2) The school district
				  committee on special education shall review the recommendation of the
				  facility's committee, and all relevant supporting information and data, to
				  determine whether the school district has an educational program appropriate to
				  the needs of each student so recommended, or whether an appropriate program can
				  be provided by a board of cooperative educational services or another school
				  district by agreement with the school district in which the facility is
				  located.
(i) If the committee on special
				  education determines that the school district has an appropriate program for
				  such a student, or can provide an appropriate program by agreement with a board
				  of cooperative educational services or with another school district, such
				  committee shall recommend to the board of education that the student be
				  admitted to such program.
(ii) In
				  the event that the committee on special education determines that there is no
				  program appropriate to the needs of such a student in the schools of the
				  district, or at a board of cooperative educational services or another school
				  district, such committee shall report its findings to the board of
				  education.
(iii) If the committee
				  on special education concludes that placement in a private school for students
				  with a disability is the appropriate educational placement for the student, the
				  committee's report to the board of education may include a recommendation that
				  the board of education recommend that the Office of Mental Health or the Office
				  for People with Developmental Disabilities place such a student in a private,
				  nonresidential school for students with disabilities.
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 200.12 - State assistance for transportation of students with disabilities pursuant to education law, section 4405

Current through Register Vol. 46, No. 28, July 10, 2024
An expenditure by a school district to provide suitable
					 transportation during the period from July 1st through June 30th for a student
					 with a disability to and from a private residential school located within or
					 outside of the State, or to and from residential programs in schools enumerated
					 in article 85, 87, 88 or 89 of the Education Law, shall be aidable, provided
					 that:
(a) the student was placed in
				  such school in accordance with the provisions of article 85, 87, 88 or 89 of
				  the Education Law; and the expenditure is for transportation of the student
				  from the student's home to the school at the commencement of the school year,
				  from the school to the student's home at the conclusion of the school year, and
				  no more than three additional trips to and from school for students enrolled in
				  a 10-month program, or four additional trips to and from school for students
				  enrolled in receiving a 12-month special service and/or program, except as
				  additional trips may need to be provided for the periods during which
				  residential care is not provided to the students attending such school;
				  and
(b) expenditures for the costs
				  of travel, lodging and meals incurred by a volunteer escort shall also be
				  aidable if the escort is required by the student's individualized education
				  program and the escort is engaged pursuant to a transportation contract between
				  the volunteer escort and the school district, subject to a test of reasonable
				  cost by the commissioner.
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 200.13 - Educational programs for students with autism

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The functioning levels of students with
				  autism, based upon the criteria set forth in section
				  200.6(h)(2) 
				  of this Part, shall govern their individual or small group instruction.
(1) The continuum of special education
				  programs and services as described in section
				  200.6  of
				  this Part shall be available to students with autism as needed.
(2) The chronological age range of
				  instructional groups serving students with autism shall not exceed 36 months
				  for students under age 16 and shall not be limited for students 16 years of age
				  or older.
(3) The class size for
				  such students shall be determined in accordance with section
				  200.6(f) and
				  (h)  of this Part, provided that the class
				  size of special classrooms composed entirely of students with autism shall be
				  in accordance with section
				  200.6(h)(4)(ii)(a) 
				  of this Part.
(4) Instructional
				  services shall be provided to meet the individual language needs of a student
				  with autism.
(5) To the maximum
				  extent appropriate, instructional provisions shall be instituted for eventual
				  inclusion of students with autism into resource room programs for students with
				  combined disabilities or placement in a regular classroom.
(6) In those instances where a student has
				  been placed in programs containing students with other disabilities, or in a
				  regular class placement, a special education teacher with a background in
				  teaching students with autism shall provide transitional support services in
				  order to assure that the student's special education needs are being
				  met.
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 200.14 - Day treatment programs certified by the office of mental health

Current through Register Vol. 46, No. 28, July 10, 2024
Educational programs and services to students with
					 disabilities enrolled in day treatment programs shall be provided in accordance
					 with this section and those other applicable provisions of this Part that are
					 not inconsistent with this section.
(a) Definitions. As used in this section:
(1) Day treatment programs means
				  nonresidential programs, certified by the Office of Mental Health, designed for
				  the purpose of providing a comprehensive array of services for mentally ill
				  students with disabilities through integrated mental health and special
				  education programs.
(2) Treatment
				  planning means the process of determining the student's need for mental health
				  services and developing a specific treatment plan which includes provision of
				  educational services.
(3) Treatment
				  team means a team composed of professional and paraprofessional clinical staff
				  members of the day treatment program, including the student's special education
				  teacher.
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 200.16 - Educational programs for preschool students with disabilities

Current through Register Vol. 46, No. 28, July 10, 2024
Educational programs and services for preschool students
					 with disabilities, as defined in section
					 200.1(mm)  of this
					 Part, shall be provided in accordance with this section, and those other
					 applicable provisions of this Part that are not inconsistent with this section.
					 Where other provisions of this Part are made applicable to preschool students
					 with disabilities,
committee on special education
shall mean a
					 committee on preschool special education;
student
shall mean a
					 preschool student with a disability; and
programs
shall mean
					 preschool programs.
(a)
Eligibility.
A preschool student with a disability shall be eligible for
					 special education services and programs pursuant to section 4410  of the
					 Education Law provided that the student has a disability as defined in section
					 200.1(mm)  of this
					 Part.
(b)
(1) Referral. Referral.
(i) A preschool student suspected of having a
				  disability shall be referred in writing to the chairperson of the district's
				  committee on preschool special education. Such referral may be made by the
				  persons specified in section
				  200.4(a)(1)  of
				  this Part.
(ii) If a referral is
				  received by a professional staff member of the school district, it shall be
				  forwarded to the chairperson of the committee on preschool special education
				  immediately upon its receipt by such staff member.
(iii) A referral shall specify the extent to
				  which the preschool student has received any services prior to
				  referral.
(iv) A committee
				  chairperson who receives a referral shall immediately notify the parent
				  pursuant to paragraphs (h)(1) and (2) of this section that a referral has been
				  received and shall request consent for evaluation of the preschool
				  student.
(v) In the event that
				  consent for an individual evaluation is not provided, the committee shall
				  implement the district's practices and procedures for the purpose of ensuring
				  that parents have received and understand the request for
				  consent.
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 200.17 - Reimbursement of public school district administrative costs and due process costs for education programs or educational services approved pursuant to section 4410 of the education law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reimbursement of administrative costs.
(1) Allowable administrative costs for public
				  school districts shall include, but need not be limited to:
(i) all reasonable costs incurred by the
				  school district committee on preschool special education for activities
				  performed in accordance with section 4410  of the Education Law; and
(ii) all reasonable costs, other than due
				  process costs, incurred by the board of education or trustees of the school
				  district to fulfill their obligations under section 4410  of the Education Law.
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 200.18 - Fiscal audits of approved programs operated by private providers, special act school districts, boards of cooperative educational services and public school districts receiving public funds for the education of students with disabilities ages 3 to 21 who have been enrolled pursuant to articles 81 and 89 of the education law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fiscal audits of all approved programs
				  performed by the commissioner, the Office of the State Comptroller, other State
				  agencies or agencies of other states.
(1) All
				  approved programs shall be subject to audit by the State. All such audits
				  performed by the department shall be conducted in conformance with generally
				  accepted auditing standards. Where other State agencies or the agencies of
				  other states are involved in the funding of approved programs, any audits
				  conducted by such agencies, and available to the program, shall be made
				  available to the department upon written request to the program.
(2) Access to all records, property and
				  personnel related to approved programs shall be provided during an audit.
				  Access shall also apply to program costs allocated to approved programs. Such
				  cost allocations to related programs are also subject to audit.
(3) Approved programs shall be provided a
				  draft report on the results of the audit for review and comment. The chief
				  school official of the approved program or an individual designated by the
				  official shall reply in writing to a draft State audit within 30 days of its
				  receipt and may request a conference. The draft audit report shall be
				  considered final if no reply is received within 30 days.
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 200.19 - Reimbursement to preschool programs approved under section 4410 of the education law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the
				  1989-90 school year, the commissioner shall establish interim tuition rates for
				  approved preschool special education programs and services, including
				  evaluation components, subject to the approval of the Director of the
				  Budget.
(b) The interim rates
				  established by the commissioner for preschool special education programs and
				  services in existence on June 30, 1989, shall be based upon the tuition rate in
				  effect for each such approved preschool education program or service on June
				  30, 1989, subject to the approval of the Director of the Budget.
(c) The commissioner shall establish interim
				  tuition rates for newly approved preschool special education programs or
				  services for which a tuition rate did not exist as of June 30, 1989, based on a
				  budget submitted by the persons operating the approved preschool special
				  education programs or services, subject to approval by the Director of the
				  Budget.
(d) Such interim rates, as
				  calculated pursuant to subdivision (b) or (c) of this section shall be
				  adjusted, to the extent the commissioner deems it necessary and reasonable,
				  subject to the approval of the Director of the Budget.
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 200.22 - Program standards for behavioral interventions

Current through Register Vol. 46, No. 28, July 10, 2024
Behavioral interventions for students with disabilities
					 shall be provided in accordance with this section and those other applicable
					 provisions of this Part and/or Part 201 that are not inconsistent with this
					 section.
(a) Assessment of student
				  behaviors.
For purposes of this section, an
assessment of
					 student behaviors
shall mean a functional behavioral assessment (FBA),
					 as such term is defined in section
					 200.1(r) 
					 of this Part.
(1) A FBA shall be
				  conducted as required in section
				  200.4 
				  of this Part and section
				  201.3 
				  of this Title.
(2) The FBA shall,
				  as appropriate, be based on multiple sources of data including, but not limited
				  to, information obtained from direct observation of the student, information
				  from the student, the student's teacher(s) and/or related service provider(s),
				  a review of available data and information from the student's record and other
				  sources including any relevant information provided by the student's parent.
				  The FBA shall not be based solely on the student's history of presenting
				  problem behaviors.
(3) The FBA
				  shall provide a baseline of the student's problem behaviors with regard to
				  frequency, duration, intensity and/or latency across activities, settings,
				  people and times of the day and include the information required in section
				  200.1(r) 
				  of this Part in sufficient detail to form the basis for a behavioral
				  intervention plan for the student that addresses antecedent behaviors,
				  reinforcing consequences of the behavior, recommendations for teaching
				  alternative skills or behaviors and an assessment of student preferences for
				  reinforcement.