New York State Law, Regulations and Policy Not Required by Federal Law/Regulation/Policy
Revised January 2010- PDF PDF Document (192 KB)
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20 United States Code (USC) § 1407(a)(2) requires that each state identify in writing to local educational agencies (LEAs) located in the state and the Secretary any rule, regulation or policy as a state-imposed requirement that is not required by the Individuals with Disabilities Education Act (IDEA) and federal regulations. The New York State Education Department has taken steps to conduct a comprehensive and thorough review of its laws and regulations that apply to the education of students with disabilities. The following summary provides a list of New York State (NYS) laws and regulations that differ from federal requirements in effect on the date of the analysis. Items are included in the list where there are no comparable federal requirements because the federal statute and regulations are silent on the subject (e.g., provisions governing rate-setting or the payment of State excess cost aid) as well as where NYS requirements go beyond federal requirements. Accordingly, the list includes NYS requirements that, though not technically required by IDEA or the federal regulations currently in place, are necessary for NYS' special education system to function. Requirements that apply equally to disabled and non-disabled students are not included. Statutory requirements are listed first, followed by regulatory requirements.