State Laws, Regulations and Policy Guidance

State Laws, Regulations and Policy Guidance

Laws and Regulations Related to Special Education and Students with Disabilities

New York State Laws and Regulations that Differ from Federal Requirements (May 2014)

Topical Listing of Special Education Publications


Key State Guidance Documents

Alternate Assessment

Office of State Assessment, New York State Alternate Assessment Home Page

The Transition of the New York State Alternate Assessment (NYSAA) to Measure the P-12 Common Core Learning Standards

Aversives

Use of Aversives or Noxious Stimuli to Reduce or Eliminate Student Behaviors

Behavior

Positive Behavior Interventions and Supports Technical Assistance Center (May 2010)

Bilingual

English Language Learners (ELLs) Screening, Identification, Placement, Review and Exit Criteria Chart (July 2015)

English Language Learners (ELLs) Screening, Identification, Placement, Review and Exit Criteria Chart Guidance (July 2015)

Use of Standardized Scores in Individual Evaluations of Culturally and Linguistically Diverse English Language Learners Ages 3–21

Child Find

Information About Special Education Upon Entry to School

Class Size

Variance Procedures to Temporarily Exceed the Maximum Number of Students with Disabilities in an Integrated Co-Teaching Class (January 2011)

Commencement Credentials, Diplomas and Safety Net for Students with Disabilities

Diploma/Credential Requirements for Students with Disabilities

New York State Career Development and Occupational Studies Commencement Credential (June 2013)

Skills and Achievement Credential for Students with Severe Disabilities (April 2012)

Local Diploma Through Use of Compensatory Option (November 2012)

Local Diploma Through Regents Competency Test and 55-64 Regents Examination Pass Score Safety Net Options (May 2011)

Committees on Special Education

Guidance on Students With Disabilities With High Cognition (June 2015)

Change in Parent Member Participation (January 2013)

Meeting Notice Requirements (December 2010)

Committees on Preschool Special Education

Change in Parent Member Participation (December 2013)

Common Core Learning Standards

Curriculum Instruction Toward Common Core Learning Standards

The Role of the Committee on Special Education in Relation to the Common Core Learning Standards (June 2014)

Continuum of Services

Continuum of Services for School Age Students with Disabilities (April 2008)

Due Process Complaints

Sample Due Process Complaint Notice Form to Request an Impartial Hearing (March 2014)

Elopement Behaviors

Health and Safety Precautions for Students with Disabilities (April 2014)

Evaluation

Guidance on Students With Disabilities With High Cognition (June 2015)

Timeline for Initial Evaluation and Report Regarding Need for Individual Psychological Evaluation (April 2012)

Individualized Education Programs (IEPs)

New York State Forms and Notices Related to Special Education

Guide to Quality Individualized Education Program Development and Implementation — February 2010 (Revised December 2010)

Teacher Access to Students’ Individualized Education Programs (January 2013)

Paraprofessionals

Guidelines for Determining a Student with a Disability’s Need for a One-to-One Aide

Parental Consent

Elimination of Parental Consent Requirement for Initial Provision of a 12-Month Special Service and/or Program

Parental Consent for the Use of Public Benefits or Insurance Pursuant to the Individuals with Disabilities Education Act (July 2013)

Procedural Safeguards

Revised Procedural Safeguards Notice: Rights for Parents of Children with Disabilities Ages 3-21 (April 2014)

Prior Written Notice

Revised Prior Written Notice (Notice of Recommendation) Relating to Special Education (July 2013)

Related Services

Provision of Related Services to Students with Disabilities Placed in Approved Private Schools in New York City (September 2012)

Minimum Service Requirements for Speech Services (December 2010)

Response to Intervention

Use of Response to Intervention When Determining if a Student in Grades K – 4 Has a Learning Disability in Reading (July 2012)

Response to Intervention Process Cannot Be Used to Delay or Deny an Evaluation for Eligibility Under the Individuals with Disabilities Education Act (IDEA) (May 2011)

A Parent’s Guide to Response to Intervention (June 2014)

Required Components of a Response to Intervention Program

Restraints

Federal Policy on Use of Restrain and Seclusion in Schools (August 2012)

State Complaints

Revised Sample State Complaint Form

New York State Complaint Procedures - Questions & Answers

Students With Hearing, Vision or Speech Disabilities

Frequently Asked Questions on Effective Communication for Students with Hearing, Vision or Speech Disabilities in Public Elementary and Secondary Schools

Suspension and Expulsion of Students With Disabilities

Suspension and Expulsion of Preschool Children

Test Accommodations

Test Access and Accommodations for Students with Disabilities – Policy and Tools to Guide Decision-Making and Implementation (May 2006)

(Note: In general, students with disabilities must be provided with the testing accommodations specified in their IEPs or 504 Plans when taking these tests. However, testing accommodations that change the constructs, or what a test is measuring, are not permitted on elementary- and intermediate-level State tests. In administering the 2015 Grades 3–8 Common Core English Language Arts Tests to students with disabilities and to English language learners, schools should follow the guidelines on testing accommodations provided in the School Administrator’s Manual. See the state assessment webpage for more details.)

Time Out Rooms

Use of Time Out Rooms (May 2011)

Transition

Transition Requirements and Guidelines (June 2014)

Transition Implementation Tools (June 2014)

Transition Student, Family and School Resources (June 2014)

New York State Career Development and Occupational Studies Commencement Credential (June 2013)

Transition Planning and Services for Students with Disabilities (November 2011)

Transportation

Developing Recommendations for Special Transportation (December 2010)

Special Transportation for Students with Disabilities (March 2005)

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