Special Education Complaints & Disputes
File a Special Education Complaint online, click here
Special Education Variances Guide, click here
Variance Request Procedures, click here
Variance Request Form, click here
Special Education Grievance Form, click here
Special Education Dispute Resolution Process, click here
Memorandum of Agreement: Special Education, click here
Special Education Class Size Limits in Secondary Schools, click here
Legal Requirements Regarding Related Service Providers and Class Coverages, click here
Chapter 408: Providing Copies of IEPs to Teachers & Related Service Providers, click here
Rules & Regulations
Oveview of Special Education Law, click here
Commissioner's Regulations Part 200 & 201, Students with Disabilities, click here
Regulations of the Commissioner of Education, NYS, click here
NYS Education Law and Disciplining Students with Disabilities, click here
Federal Regulations to Implement IDEA - 34 Code of Federal Regulations Parts 300 & 301, click here
New York State Laws and Regulations that Differ from Federal Requirements - May 2006, click here
The Individuals with Disabilities Education Improvement Act of 2004, click here
Memos and Manuals
The Continuum of Services for Students with Disabilities, click here
Children First Reforms in Special Education (Effective July 1st, 2007), click here
Creating a Quality IEP Manual, click here
Annual Review Memo, click here
NYSUT Guide to Special Education, click here
Advocates for Children of New York Guide to Special Education, click here
Comprehensive Management Review and Evaluation of Special Education ("Hehir Report"), click here
Special Education and the Law
The following statutes and their accompanying regulations govern the education of children with disabilities:
· The Individuals with Disabilities Education Act (IDEA), formerly known as the Education of Handicapped Children Act (EHA), which imposes on school districts an obligation to provide all children with disabilities, including children with disabilities who have been suspended or expelled from school, with a free, appropriate public education in the least restrictive environment. The IDEA was amended and reauthorized on June 4, 1997 (20 USC §§ 1400–1487). New IDEA regulations became effective May 11, 1999 (34 CFR Part 300).
· Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability (38 USC 706, 794–794(a); 42 USC §§ 12101–12213; 34 CFR Part 104).
· Article 89 of the New York State Education Law and part 200 of the commissioner's regulations, which are also the vehicles that implement federal law governing the rights of children with disabilities in New York State. New part 200 regulations became effective January 6, 2000 (8 NYCRR Part 200).
On occasion, there is a lag between changes in the federal statutes and the incorporation of those changes into state law. During such lags, school districts nonetheless are bound by the new federal requirements. In addition, New York State law may at times confer greater rights on students with disabilities than the federal statutes. In such cases, New York State law must be followed. Therefore, it is important for school districts to be familiar with all of the applicable laws.