N.Y. Education Law § 4401-a: Referral and evaluation for special education services or programs

* § 4401-a. Referral and evaluation for special education services or

programs. 1. Any student suspected of having a disability may be

referred for initial evaluation to determine if the student is a student

with a disability by the parent or person in parental relation, the

commissioner or a designee of a public agency responsible for providing

education to students with disabilities, including but not limited to

the school district in which the student resides. In addition, a

professional staff member of the school which the student attends or

professional staff member of the school district in which the student

resides, physician, judicial officer, professional staff member of a

public agency, or the pupil himself or herself if such pupil is eighteen

years of age or older or is an emancipated minor may request that the

school district in which the student resides refer the student for

initial evaluation.

2. A request for referral submitted by an individual other than the

student student or a judicial officer shall:

a. state the reasons in writing for the referral and include any test

results, records or reports upon which the referral is based unless such

test results, records or reports are unavailable;

b. describe in writing, intervention services programs or

instructional methodologies to remediate the student's performance prior

to referral including any supplementary aids or support services

provided for this purpose or state the reason why no such attempts were

made; and

c. describe the extent of contact or involvement prior to the referral

with the parent or person in parental relationship.

3. A referral submitted by a parent or person in parental relation

shall be submitted in writing to the chairperson of the committee on

special education or the building administrator of the school which the

student attends or is eligible to attend. If such referral is submitted

to the building administrator, the building administrator shall forward

a copy to the chairperson of the committee on special education. If such

referral is submitted to the chairperson of the committee such

chairperson shall forward a copy of such referral to the building

administrator of the school which the student attends or is eligible to

attend. A referral submitted by any other individual shall be submitted

in writing to the chairperson of the committee on special education or

the building administrator of the school which the student attends or is

eligible to attend. The building administrator may request a meeting

with the parent or person in parental relation to the student for the

purpose of discussing educational alternatives to special education.

Such alternatives may include the provision of services designed to

address the learning needs of the student and maintain a child's

placement in general education with the provision of appropriate

educational and support services. Nothing contained in this section

shall in any way impede a committee on special education from continuing

its duties and functions under this article with regard to a student

referred for special education or a parent's access to the committee,

except that, if the parent concurs in writing with the building

administrator to the provision of educational alternatives to special

education, the referral shall be deemed withdrawn.

4. The individual evaluation of the educational needs of a student

referred to the committee on special education shall be conducted by

qualified individuals, in accordance with regulations of the

commissioner, with the results of such evaluation forwarded to the

committee on special education and the student's parent or person in

parental relation.

5. Special education services and programs shall be provided after the

appropriateness of the resources of the regular education program,

including, but not limited to, support services, speech and language

services, additional educational services and remedial instruction, have

been considered. Each school district shall develop a plan and policies

for implementing school wide approaches and pre-referral interventions

in order to implement the provisions of this subdivision.

6. If the committee on special education has determined that placement

in special education services or programs is not appropriate for the

child under consideration, a copy of the committee's recommendation and

pertinent information supporting such recommendation shall be forwarded

to the building administrator of the school which the child attends and

to the parent or person in parental relation to the child. The building

administrator shall determine which support services, speech and

language services and additional educational services should be provided

to the child in order to assist the child to benefit from a program of

regular education and, to the extent available, shall assure that those

services are provided. Nothing contained in this subdivision shall be

construed to limit the right of the parent or a person in parental

relation to the student to make a referral or to appeal the

recommendation of the committee on special education in accordance with

the provisions contained in section forty-four hundred four of this

chapter.

* NB Effective until June 30, 2027

* § 4401-a. Referral and evaluation for special education services or

programs. 1. Any pupil suspected of having a handicapping condition may

be referred for special education services or programs by the parent or

person in parental relationship, professional staff member of the school

which the pupil attends or professional staff member of the school

district in which the pupil resides, physician, judicial officer, the

commissioner or designee of a public agency, the pupil himself or

herself if such pupil is eighteen years of age or older or is an

emancipated minor.

2. A referral submitted by an individual other than the pupil, the

pupil's parent or person in parental relationship or a judicial officer

shall:

a. state the reasons in writing for the referral and include any test

results, records or reports upon which the referral is based unless such

test results, records or reports are unavailable;

b. describe in writing, intervention services programs or

instructional methodologies to remediate the pupil's performance prior

to referral including any supplementary aids or support services

provided for this purpose or state the reason why no such attempts were

made; and

c. describe the extent of contact or involvement prior to the referral

with the parent or person in parental relationship.

3. A referral submitted by a parent, a person in parental relationship

or the pupil, shall be submitted in writing to the chairperson of the

committee on special education or the building administrator of the

school which the pupil attends or is eligible to attend. If such

referral is submitted to the building administrator, the building

administrator shall forward a copy to the chairperson of the committee

on special education. If such referral is submitted to the chairperson

of the committee such chairperson shall forward a copy of such referral

to the building administrator of the school which the pupil attends or

is eligible to attend. A referral submitted by any other individual

shall be submitted in writing to the chairperson of the committee on

special education or the building administrator of the school which the

pupil attends or is eligible to attend. The building administrator may

request a meeting with the parent, person in parental relationship to

the pupil and/or the pupil for the purpose of discussing educational

alternatives to special education. Such alternatives may include the

provision of educationally related support services or any other

services designed to address the learning needs of the student and

maintain a child's placement in general education with the provision of

appropriate educational and support services. Nothing contained in this

section shall in any way impede a committee on special education from

continuing its duties and functions under this article with regard to a

pupil referred for special education or a parent's access to the

committee, except that, if the parent concurs in writing with the

building administrator to the provision of educational alternatives to

special education, the referral shall be deemed withdrawn.

4. The individual evaluation of the educational needs of a pupil

referred to the committee on special education shall be conducted by

qualified individuals, in accordance with regulations of the

commissioner, with the results of such evaluation forwarded to the

committee on special education and the pupil's parent or person in

parental relationship.

5. Special education services and programs shall be provided after the

appropriateness of the resources of the regular education program,

including educationally related support service, speech and language

improvement services and remedial instruction, have been considered.

Each school district shall develop a plan and policies for implementing

school wide approaches and prereferral interventions in order to

implement the provisions of this subdivision.

6. If the committee on special education has determined that placement

in special education services or programs is not appropriate for the

child under consideration, a copy of the committee's recommendation and

pertinent information supporting such recommendation shall be forwarded

to the building administrator of the school which the child attends and

to the parent or person in parental relationship to the child. The

building administrator shall determine which educationally related

support services, speech and language improvement services and

additional educational services should be provided to the child in order

to assist the child to benefit from a program of regular education and,

to the extent available, shall assure that those services are provided.

Nothing contained in this subdivision shall be construed to limit the

right of the parent, a person in parental relationship to the pupil or

the pupil to make a referral or to appeal the recommendation of the

committee on special education in accordance with the provisions

contained in section forty-four hundred four of this chapter.

* NB Effective June 30, 2027