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 116.2 - General standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As
				  used in this Part, equivalent and comparable shall mean equivalent and
				  comparable, respectively, in the judgment of the Commissioner of
				  Education.
(b) Educational
				  facilities shall be designed and constructed comparable to the standards as set
				  forth in section
				  155.1(b) 
				  of this Title.
(c) Health services
				  shall be provided equivalent to those required by Part 136 of this Title,
				  except where other health and safety requirements exceed the requirements of
				  such Part. Health services personnel shall include individuals with equivalent
				  background and training to those identified in section
				  136.1(c) 
				  of this Title.
(d) Instruction for
				  no fewer than 180 days each school year shall be available for each pupil in
				  full-time residential care for a full school year, and a proportionate number
				  of days of instruction, based upon a 10-month school year, shall be available
				  for each such pupil who is in residence for less than a full school
				  year.
(e) Pupil attendance records
				  shall be maintained in a manner that is comparable to that required in section
				  104.1 
				  of this Title.
(f) Individual pupil
				  academic records shall be maintained for each student. The confidentiality of
				  pupil records shall be maintained and parental access to such records shall be
				  permitted as required pursuant to
				  20
				  USC 1232 g (United States Code, 1982 edition,
				  Volume 8, Superintendent of Documents, U.S. Government Printing Office,
				  Washington, DC 20402; 1983--available at the Office for Education of Children
				  with Handicapping Conditions, Education Building Annex, Room 1073, Albany, NY
				  12234) and  34 CFR part 99  (Code of Federal Regulations, 1984 edition,
				  Superintendent of Documents, U.S. Government Printing Office, Washington, DC
				  20402; 1984--available at the Office for Education of Children with
				  Handicapping Conditions, Education Building Annex, Room 1073, Albany, NY
				  12234).
(g) Educational evaluation.
(1) Each home or facility shall assure that
				  an educational evaluation is completed within 10 days of a youth's admission
				  for the purpose of providing an immediate educational program pending further
				  evaluation as determined by the home or facility or as required by section
				  116.6 
				  of this Part. Such educational evaluation shall be administered in the
				  student's dominant language and assess the student's development in reading,
				  mathematics, and receptive and expressive language.
(2) Current information obtained from the
				  pupil's previous school district or other comparable sources may be used to
				  supplement or in lieu of conducting the assessments required by the provisions
				  of paragraph (1) of this subdivision.