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Special Education
THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
To: 
BOCES District Superintendents
School District Superintendents
Superintendents of Special Act School Districts
Superintendents of State-Operated Schools
Superintendents of State-Supported Schools
School Principals
Charter School Leaders
Administrators of Nonpublic Schools with Approved Special Education Programs
Preschool Providers of Special Education Programs and Services
Special Education Directors
Directors of Pupil Personnel Services
School District Business Officers
Chairpersons of Committees on Special Education
Chairpersons of Committees on Preschool Special Education
Organizations, Parents, and Individuals Interested in Special Education
From: 
Christopher Suriano, Associate Commissioner
Subject: 
Special Education - New York State Laws and Regulations that Differ from Federal Requirements
Date: 
September 19, 2024
Pursuant to 20 United States Code (U.S.C.) §1407(a)(2), each state is required to identify in writing to the Secretary of the United States Department of Education (USDE) and local educational agencies located in the state any rule, regulation, or policy as a state-imposed requirement that is not required by the Individuals with Disabilities Education Act and federal regulations. The 91ÉçÇø (91ÉçÇø) has taken steps to conduct a comprehensive review of its laws, regulations and policies that apply to the education of students with disabilities. The attached summary provides a list of New York State laws and regulations that differ from federal requirements in effect on the date of the analysis. The analysis was posted for public review on the 91ÉçÇø website for 60 days beginning on March 21, 2024. Comments were accepted for at least 30 days.
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Questions regarding this memorandum may be directed to the Special Education Policy Unit at (518) 473-2878 or to the Special Education Quality Assurance Unit in your region:

Central RegionÌý Ìý Ìý Ìý Ìý Ìý Ìý Ìý(315) 428-4556
Eastern RegionÌý Ìý Ìý Ìý Ìý Ìý Ìý Ìý(518) 486-6366
Hudson Valley RegionÌý Ìý(518) 473-1185
Long Island RegionÌý Ìý Ìý Ìý (631) 952-3352
New York CityÌý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý(718) 722-4544
Western RegionÌý Ìý Ìý Ìý Ìý Ìý Ìý (585) 344-2002
Nondistrict UnitÌý Ìý Ìý Ìý Ìý Ìý Ìý (518) 473-1185

AttachmentÌý

New York State Law, Regulations and Policy Not Required by Federal Law/Regulation/PolicyÌý

PDF Version of Memo

PDF icon New York State Laws and Regulations that Differ from Federal Requirements