N.Y. Comp. Codes R. & Regs. tit. 8 § 116.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 116.6 - Programs for pupils with handicapping conditions

Special educational services and programs, as required by this section, shall be provided by each facility under the jurisdiction of a State department or agency or political subdivision subject to the provisions of this Part, to each pupil determined to have a handicapping condition, in accordance with subdivision (a) of this section.

(a) The chief administrator of each facility shall appoint or ensure the availability of a committee, whose membership and duties shall be comparable to those of the committee on special education as set forth in section 4402.1(b) of the Education Law. Such committee shall evaluate the needs of each pupil suspected of being handicapped and shall recommend an appropriate educational program for each pupil determined by the committee to be a pupil with a handicapping condition, as such term is defined in section 200.1(cc) of this Title. Procedural due process in the identification, evaluation and placement of a pupil with a handicapping condition shall be afforded to the pupil and the pupil's parent, as defined in section 200.1(y) of this Title, in accordance with the provisions of sections 200.4 and 200.5 of this Title. For the purposes of this subdivision, the duties of the school district committee on special education and the board of education or trustees set forth in sections 200.4 and 200.5 of this Title shall be the duties of such committee and chief administrator of each facility, respectively.

(b) Appropriate special education programs and services shall be provided to each pupil with a handicapping condition in accordance with the standards set forth in section 200.6 of this Title. The programs and services offered to pupils with handicapping conditions shall be provided by appropriately qualified personnel in accordance with section 200.6(b) of this Title. An individualized education program describing in detail the programs and services to be provided shall be developed for each pupil with a handicapping condition in accordance with section 200.4 of this Title. Educational programs shall be in session in accordance with the provisions of sections 116.2 and either 116.3 or 116.4 of this Part.

(c) An educational progress report and a copy of an individualized education program shall be provided by each facility to the committee on special education of the school district in which a pupil resided prior to the assumption of responsibility for residential care for such pupil by the agency, and each facility shall designate one professional educator on its staff who shall maintain contact with such committee on special education. Other data and/or reports shall be made available on request to the school district committee on special education.

(d) Each home or facility shall maintain a list and, when appropriate, provide for the selection of surrogate parents in accordance with section 200.5(e) of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 116.6