NYS Laws and Regulations Related to Special Education and Students with Disabilities
New York State Consolidated Laws
Parts 200 and 201 of the Regulations of the Commissioner of Education
Part 200 of the Regulations of the Commissioner of Education relates to special education programs and services for students with disabilities. Part 201 relates to the procedural safeguards for students with disabilities subject to discipline.
Disclaimer: These Rules of the Regents and Regulations of the Commissioner of Education ("regulations") are unofficial and are presented for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these regulations are current, complete and accurate, the State Education Department does not warrant or represent that they are current, complete and accurate. These regulations are subject to change on a regular basis. Readers are advised to consult Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 NYCRR), published by the Department of State, and the State Register for the official exposition of the text of these regulations, as well as for amendments and any subsequent changes or revisions thereto.
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Visit New York State Legislature Website
Select the link for "Laws of New York"
Select the link for "Education"
Select the link under Title 6 for Article 89 (4401 - 4410-C) CHILDREN WITH HANDICAPPING CONDITIONS
Then select the links for Sections 4401-4410 -
Visit New York State Legislature Website
Select the link for "Laws of New York"
Select the link for "Education"
Select the link under Title 6 for Article 81 (4001 - 4006) EDUCATION OF CHILDREN RESIDING IN CHILD CARE INSTITUTIONS
Then select the links for Sections 4001-4006 -
Access the Complete Part 200 Regulations of the Commissioner of Education to print or save as .pdf, or select an individual Section below.
- Section 200.1 Definitions
- Section 200.2 Board of education responsibilities.
- Section 200.3 Committee on special education and committee on preschool special education.
- Section 200.4 Procedures for referral, evaluation, individualized education program (IEP) development, placement and review.
- Section 200.5 Due process procedures.
- Section 200.6 Continuum of services.
- 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.
- Section 200.8 State assistance for instruction of students with disabilities pursuant to sections 4406 and 4410 of the Education Law.
- Section 200.9 Tuition rates for approved programs educating students with disabilities ages 3 to 21 years old who have been enrolled pursuant to articles 81 and 89 of the Education Law.
- 200.10 Reimbursement to certain State-operated and State-supported schools for blind, deaf and severely disabled students pursuant to articles 85, 87 and 88 of the Education Law and chapter 1060 of the Laws of 1974 and to facilities approved pursuant to section 4204-a of the Education Law.
- Section 200.11 Admission to public schools of students residing in facilities of OMH and OPWDD or child care institutions.
- Section 200.12 State assistance for transportation of students with disabilities pursuant to Education Law, section 4405.
- Section 200.13 Educational programs for students with autism.
- Section 200.14 Day treatment programs certified by the Office of Mental Health.
- Section 200.15 Standards for the protection of day and residential students who attend a residential school governed by this section.
- Section 200.16 Educational programs for preschool students with disabilities.
- 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.
- 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.
- Section 200.19 Reimbursement to preschool programs approved under section 4410 of the Education Law.
- Section 200.20 Approval, operation, and administration of preschool programs funded pursuant to section 4410 of the Education Law.
- Section 200.21 Impartial hearing officer rates and procedures for suspension or revocation of certification.
- Section 200.22 Program standards for behavioral interventions.
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Access the complete Part 201 Regulations of the Commissioner of Education to print or save as .pdf, or select individual Sections below.
- Section 201.2 Definitions.
- Section 201.3 CSE responsibilities for functional behavioral assessments and behavioral intervention plans.
- Section 201.4 Manifestation determinations.
- Section 201.5 Students presumed to have a disability for discipline purposes.
- Section 201.6 CSE responsibilities for expedited evaluations.
- Section 201.7 General procedures for suspensions and removals of students with disabilities.
- Section 201.8 Authority of impartial hearing officer to order a change in placement to an IAES in a dangerous situation.
- Section 201.9 Coordination with superintendent's hearing and other due process procedures applicable to all students.
- Section 201.10 Provision of services during suspensions.
- Section 201.11 Expedited due process hearings.
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