N.Y. Education Law § 4403: Duties of education department

§ 4403. Duties of education department. The state education department

shall have power and it shall be its duty: 1. To maintain a statistical

summary of the number of children with disabilities who reside within

the state and the nature of their disabilities and to use all means and

measures necessary to adequately meet the physical and educational needs

of such children, as provided by law.

2. To stimulate all private and public efforts designed to relieve,

care for or educate children with disabilities and to coordinate such

efforts with the work and function of governmental agencies.

3. To formulate such rules and regulations pertaining to the physical

and educational needs of such children as the commissioner of education

shall deem to be in their best interests. In the city school district of

the city of New York in complying with any rules or regulations

promulgated under this section relating to maximum group size, other

than regulations prescribing the maximum class size in self-contained

special education classes, the commissioner shall allow school districts

a variance of up to fifty percent rounded up to the nearest whole number

from the maximum number of students as specified in regulation in an

instructional group in a resource room program, a related service group,

and the total number of students assigned to a resource room teacher.

4. To periodically inspect, report on the adequacy of and make

recommendations concerning instructional programs or special services

for all children with disabilities who reside in or attend any state

operated or state financed social service facilities, youth facilities,

health facilities, mental health, and developmental disabilities

facilities or state correctional facilities.

5. To require such financial information as may be necessary from and

to audit any public or non-public school receiving any public moneys

pursuant to any provision of the education law as the commissioner deems

appropriate.

* 6. To provide for an advisory panel, appointed by the commissioner

composed of individuals involved in or concerned with the education of

children with disabilities, including individuals with disabilities,

teachers of children with disabilities, parents or persons in parental

relation of children or individuals with disabilities from birth to age

twenty-six, state and local educational officials, including officials

who carry out activities under subtitle B of title seven of the

McKinney-Vento homeless assistance act (section eleven thousand four

hundred thirty-one of title forty-two of the United States code, et

seq.), representatives of state or regional associations concerned with

the education of children with disabilities, representatives of

institutions of higher education that prepare special education teachers

or administrators and/or related services personnel, administrators of

programs for students with disabilities, a representative of the office

of children and family services with responsibility for foster care,

representatives of other state agencies involved in the financing or

delivery of related services to children with disabilities,

representatives of nonpublic schools and, upon establishment of such

schools, representatives of public charter schools, not less than one

representative of a vocational, community or business organization

concerned with the provision of transition services to students with

disabilities, and representatives of state juvenile and adult

corrections agencies, to advise the governor, legislature and

commissioner of unmet needs within the state in the education of

children with disabilities, in developing procedures for evaluation of

the special education system and the reporting of data as required by

federal law, in developing corrective action plans to address findings

identified in federal monitoring reports, in developing and implementing

policies relating to coordination of services, and on the education of

students with disabilities who have been convicted as adults and

incarcerated in adult prisons and to comment publicly on any rules or

regulations proposed for issuance by the commissioner regarding the

education of children with disabilities and the procedures for

distribution of funds under this article. A majority of the members of

the advisory panel shall be individuals with disabilities or parents of

children with disabilities. Such panel members shall serve without

compensation except that such members shall be entitled to reimbursement

for actual and necessary expenses incurred in such service.

* NB Effective until June 30, 2027

* 6. To provide for an advisory panel, appointed by the commissioner

composed of individuals involved in or concerned with the education of

children with disabilities, including individuals with disabilities,

teachers of children with disabilities, parents or persons in parental

relationship of children with disabilities, state and local educational

officials, representatives of state or regional associations concerned

with the education of children with disabilities, representatives of

institutions of higher education that prepare special education teachers

or administrators and/or related services personnel, administrators of

programs for students with disabilities, representatives of other state

agencies involved in the financing or delivery of related services to

children with disabilities, representatives of nonpublic schools and,

upon establishment of such schools, representatives of public charter

schools, at least one representative of a vocational, community or

business organization concerned with the provision of transition

services to students with disabilities, and representatives of state

juvenile and adult corrections agencies, to advise the governor,

legislature and commissioner of unmet needs within the state in the

education of children with disabilities, in developing procedures for

evaluation of the special education system and the reporting of data as

required by federal law, in developing corrective action plans to

address findings identified in federal monitoring reports, in developing

and implementing policies relating to coordination of services, and on

the education of students with disabilities who have been convicted as

adults and incarcerated in adult prisons and to comment publicly on any

rules or regulations proposed for issuance by the commissioner regarding

the education of children with disabilities and the procedures for

distribution of funds under this article. A majority of the members of

the advisory panel shall be individuals with disabilities or parents of

children with disabilities. Such panel members shall serve without

compensation except that such members shall be entitled to reimbursement

for actual and necessary expenses incurred in such service.

* NB Effective June 30, 2027

7. To define, no later than July first, nineteen hundred

seventy-seven, in a report to the legislature and the governor, specific

criteria for determining whether a particular disorder or condition may

be considered a specific learning disability and to describe in such

report diagnostic procedures which can be used in determining whether a

particular child has such a disorder or condition, and to recommend in

such report, in consultation with the division of the budget, a cost

effective program proposal and finance recommendations.

8. To develop and distribute a handbook for parents of children with

disabilities and the members of committees and subcommittees on special

education, which handbook shall explain, in layman terms, the financial

and educational obligations of the state, the county or city, the home

school district, the committee on special education, and the parent or

legal guardian of a child with disabilities, the special services or

programs available pursuant to this article, and the legal procedures

available to an aggrieved parent or legal guardian of a child with

disabilities.

9. To make provision by regulation of the commissioner to assure the

confidentiality of any personally identifiable data, information, and

records collected or maintained by the state department of education or

any school district, including a committee or subcommittee on special

education, and the officers, employees or members thereof, pursuant to

or in furtherance of the purposes of this article, and shall establish

procedures upon which any such personally identifiable data,

information, or records may be disclosed.

10. a. The commissioner shall determine whether a child, whose report

is submitted to the department pursuant to clause (b) or (d) of

subparagraph five of paragraph b of subdivision one of section

forty-four hundred two of this article or subdivision thirteen of

section three hundred ninety-eight of the social services law, will

likely need adult services and, if such need will likely exist, develop

a recommendation of all appropriate adult programs operated or approved

by the department which may be available. If necessary and appropriate,

the commissioner may conduct an evaluation of the child to determine if

adult services will be needed. Such recommendation of all programs shall

be made available to the parent or guardian of such child as soon as

practicable but no later than six months before such child attains the

age of twenty-one.

b. If the commissioner determines, pursuant to paragraph a of this

subdivision, that such child will not require adult services, the

commissioner shall notify the child's parent or guardian in writing of

such determination. Such notice shall be given as soon as practicable

but no later than six months before the child attains the age of

twenty-one.

c. Notwithstanding paragraphs a and b of this subdivision, the

commissioner may determine that the education department is not

responsible for determining and recommending adult services for such

child. When such a determination is made it shall be made as soon as

practicable after receiving the report and the commissioner shall

promptly notify in writing the committee on special education,

multidisciplinary team or social services official who sent the report

that such determination has been made. Such notice shall state the

reasons for the determination and may recommend a state agency which may

be responsible for determining and recommending adult services.

d. Nothing in this subdivision shall be construed to create an

entitlement to adult services.

e. A designee of the commissioner may carry out the functions of the

commissioner described in this subdivision.

11. To promulgate regulations concerning standards for the protection

of children in residential care from reportable incidents in accordance

with this section and article eleven of the social services law,

including procedures for:

(a) consistent with appropriate collective bargaining agreements and

applicable provisions of the civil service law, the review and

evaluation of the backgrounds of and the information supplied by any

person applying to be an employee, a volunteer or consultant, which

shall include but not be limited to the following requirements: that the

applicant set forth his or her employment history, provide personal and

employment references, and relevant experiential and educational

qualifications and, sign a sworn statement indicating whether the

applicant, to the best of his or her knowledge has ever been convicted

of a crime in this state or any other jurisdiction;

(b) establishing, for employees, relevant minimal experiential and

educational qualifications, consistent with appropriate collective

bargaining agreements and applicable provisions of the civil service

law;

(c) assuring adequate and appropriate supervision of employees,

volunteers and consultants;

(d) demonstrating by a residential facility or program that

appropriate action is taken to assure the safety of the child who is

alleged to have been subjected to a reportable incident in a report to

the vulnerable persons' central register in accordance with section four

hundred ninety-two of the social services law as well as other children

in care, immediately upon notification that such a report of an

allegation of a reportable incident has been made with respect to a

child in such residential facility or program;

(e) removing a child when it is determined that there is risk to such

child if he or she continues to remain within a residential facility or

program; and

(f) appropriate preventive and remedial action to be taken including

legal actions, consistent with appropriate collective bargaining

agreements and applicable provisions of the civil service law.

Such standards shall also establish as a priority requirements that:

(A) subject to amounts appropriated therefor, administrators,

employees, volunteers and consultants receive training in at least the

following: child abuse prevention and identification, safety and

security procedures, the principles of child development, the

characteristics of children in care, and techniques of group and child

management including crisis intervention, the laws, regulations and

procedures governing the protection of children from reportable

incidents, and other appropriate topics, provided however, that the

department may exempt administrators and consultants from such

requirements upon demonstration of substantially equivalent knowledge or

experience; and

(B) subject to the amounts appropriated therefor, children receive

instruction, consistent with their age, needs and circumstances as well

as the needs and circumstances within the program, in techniques and

procedures which will enable such children to advocate for and protect

themselves from reportable incidents.

The department shall take all reasonable and necessary actions to

assure that employees, volunteers and consultants in residential

facilities and programs are kept apprised on a current basis of all

department policies and procedures relating to the protection of

children from reportable incidents and shall monitor and supervise the

provision of training to such administrators, employees, volunteers,

children and consultants. Regulations and standards developed pursuant

to this subdivision shall, to the extent possible, be consistent with

those promulgated by other state agencies for such purposes.

(g) consistent with applicable collective bargaining agreements,

assuring that an individual who has committed a category one offense, as

defined in paragraph (a) of subdivision four of section four hundred

ninety-three of the social services law, that is included on the

vulnerable persons' central register is not hired or otherwise used in

any position in which such individual would have regular and substantial

contact with a service recipient in any program described in paragraph

(e) of subdivision four of section four hundred eighty-eight of the

social services law.

12. To provide for the development and implementation of a plan of

prevention and remediation with respect to a substantiated report of

abuse or neglect. Such action shall include: (a) within ten days of

receipt of such a substantiated report, development and implementation

of a plan of prevention and remediation to be taken with respect to a

custodian or the residential facility in order to assure the continued

health and safety of children and to provide for the prevention of

future acts constituting reportable incidents; and (b) development and

implementation of a plan of prevention and remediation, in the event an

investigation of an allegation of abuse or neglect determines that a

preponderance of the evidence of such allegation exists and such

substantiated allegation may be attributed in whole or in part to

noncompliance by the residential facility or program with provisions of

this chapter or regulations of the department applicable to the

operation of such residential facility or program. Any plan of

prevention and remediation required to be developed pursuant to this

subdivision by a facility supervised by the department shall be

submitted to and approved by the department in accordance with time

limits established by regulations of the department. Implementation of

the plan shall be monitored by the department. In reviewing the

continued qualifications of a residential facility or program for an

operating certificate, the department shall evaluate such facility's

compliance with plans of prevention and remediation developed and

implemented pursuant to this subdivision.

13. To provide technical assistance to school districts for

appropriate evaluation and assessment.

14. To provide technical assistance to school districts to assist in

the adaptation of curriculum for the instruction of children with

disabilities.

15. To provide technical assistance to school districts to assist in

developing criteria for placement in special education and criteria for

reviewing the ability of a pupil to participate in regular education.

16. Commencing with the nineteen hundred eighty-seven--eighty-eight

school year, to provide for instruction during the months of July and

August of students with disabilities who have received state

appointments pursuant to article eighty-five, eighty-seven or

eighty-eight of this chapter and whose disabilities, in the judgment of

the commissioner, are severe enough to exhibit the need for a structured

learning environment of twelve months duration to maintain developmental

levels, by making such appointments for twelve months; provided that the

initial term of appointment of a student with a disability who is the

minimum age eligible for such a state appointment shall not commence

during the months of July or August.

18. To establish guidelines for determining when a child is at risk of

a future placement in a residential school, and for the provision by

committees on special education of information to parents and other

persons in parental relationship concerning the availability of

community support services to meet the needs of the family. The

guidelines shall be developed by the department after consultation with

the office of mental health, the office for people with developmental

disabilities, the office of alcoholism and substance abuse services, the

department of health, the department of social services and the division

for youth.

* 19. To adopt regulations prescribing the state complaint procedures

pursuant to sections 300.151 through 300.153 of title thirty-four of the

code of federal regulations, where an individual or organization files a

written complaint alleging that a public agency has violated part B of

the individuals with disabilities education act. Such regulations shall

include, but not be limited to, remedies for denial of appropriate

services, including, as appropriate, the awarding of monetary

reimbursement, compensatory services or other corrective action

appropriate to the needs of the child.

* NB Effective until June 30, 2027

* 20. To adopt regulations prescribing the state complaint procedures

pursuant to sections 300.660 through 300.662 of title thirty-four of the

code of federal regulations, where an individual or organization files a

written complaint alleging that a public agency has violated part B of

the individuals with disabilities education act. Such regulations shall

include, but not be limited to, remedies for denial of appropriate

services, including, as appropriate, the awarding of monetary

reimbursement or other corrective action appropriate to the needs of the

child.

* NB Effective June 30, 2027

21. (a) To require special act school districts listed in chapter five

hundred sixty-six of the laws of nineteen hundred sixty-seven, as

amended, to provide, on an annual basis or more frequently, as needed,

enrollment reports, including current and projected enrollments,

proposed budgets and any financial information the commissioner deems

appropriate, which shall include, but not be limited to, outstanding

revenue anticipation notes as defined in paragraph (a) of subdivision

one of section fifty-five of the state finance law, balance owed to

employee benefit systems, outstanding bonds, lease costs, and any other

debts to monitor the fiscal stability of special act school districts.

(b) Upon receiving the information identified in paragraph (a) of this

subdivision, the department shall determine if any special act district

is in need of financial guidance and assistance upon a comprehensive

review of such information provided. Upon a determination that a special

act district is in need of financial guidance and assistance, the

department shall, as soon as practicable, provide the district with

specific recommendations to improve the special act district's financial

standing in the short and long-term.