NYC Admin. Code § 21-955 Reporting on special education services.
§ 21-955 Reporting on special education services.
a. For the purposes of this section, the following terms have the following meanings:
504 plan. The term “504 plan” means a plan developed pursuant to section 504 of the rehabilitation act of 1973, codified at section 794 of title 29 of the United States code, and any regulations promulgated thereunder including, but not limited to, the requirements set forth in part 104 of title 34 of the code of federal regulations, or a successor provision.
Academic period. The term "academic period" means the period beginning July 1 of the current calendar year until and including June 30 of the following subsequent calendar year.
Committee on preschool special education. The term "committee on preschool special education" has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations, or a successor provision.
Committee on special education. The term "committee on special education" has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations, or a successor provision.
Date of consent. The term "date of consent" means the date on which the department received written consent to conduct an initial evaluation from the parent or person in parental relation.
Date of referral for reevaluation. The term "date of referral for reevaluation" means the date on which the department received a referral or referred a student with a disability for a reevaluation.
Deemed to have knowledge. The term “deemed to have knowledge” has the same meaning as set forth in paragraph (5)(B) of subsection (k) of section 1415 of title 20 of the United States code, or a successor provision, and any regulations promulgated thereunder.
Home language. The term "home language" means the language most frequently used in the student's home, as indicated by the response provided by the parent or person in parental relation on the home language questionnaire as that term is defined in section 154-2.2 of title 8 of the New York codes, rules and regulations, or a successor provision, or as otherwise indicated by the parent or person in parental relation at a later time.
IEP meeting. The term "IEP meeting" means a meeting of the committee on special education or committee on preschool special education for the purpose of determining whether the student is a student with a disability and for the purpose of developing an IEP for any such student with a disability.
Individualized education program. The term "individualized education program" or "IEP" has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations, or a successor provision.
Initial evaluation. The term "initial evaluation" means an evaluation to determine if a student is a student with a disability, conducted pursuant to sections 4401-a, 4402 and 4410 of the education law and section 200.4 of title 8 of the New York codes, rules and regulations, or a successor provision.
Integrated special class program. The term "integrated special class program" has the same meaning as set forth in section 200.9 of title 8 of the New York codes, rules and regulations, or a successor provision.
Manifestation determination review. The term “manifestation determination review” means a review to determine whether a student’s behavior that is subject to disciplinary action is a manifestation of the student’s disability, as required pursuant to subparagraph (E) of paragraph (1) of subsection (a) of section 1415 of the United States code and section 201.4 of title 8 of the New York codes, rules and regulations, regarding manifestation determinations, or a successor provision.
Manifestation team. The term “manifestation team” has the same meaning as set forth in subdivision (b) of section 201.4 of title 8 of the New York codes, rules and regulations, or a successor provision.
Preschool student. The term "preschool student" means a child aged three to five who is not enrolled in kindergarten.
Preschool student with a disability. The term "preschool student with a disability" has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations, or a successor provision.
Procedural safeguards notice. The term “procedural safeguards notice” means the notice required pursuant to subsection (d) of section 1415 of title 20 of the United States code and subsection (f) of section 200.5 of title 8 of the New York codes, rules and regulations, or a successor provision.
Reevaluation. The term "reevaluation" means an evaluation of a student with a disability conducted pursuant to section 4402 of the education law and section 200.4 of title 8 of the New York codes, rules and regulations, or a successor provision, provided that such term shall not include a three-year reevaluation.
Referral to a committee on special education. The term “referral to a committee on special education” means the act of notifying a committee on special education that a student requires a manifestation determination review, pursuant to chancellor’s regulation A-443, regarding student discipline procedures, or a successor provision, or applicable state or federal law.
Related services. The term "related services" has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations, or a successor provision.
Reporting period. The term "reporting period" means, as applicable, the period between July 1 of the prior calendar year until and including October 31 of the prior calendar year, for the report due on February 1; the period between November 1 of the prior calendar year until and including March 31 of the current calendar year, for the report due on June 1 and the period between April 1 of the current calendar year and June 30 of the current calendar year, for the report due on September 1 of the current calendar year.
School. The term "school" means any elementary, middle or high school within the jurisdiction of the New York city department of education and in any educational facility owned or leased by the city of New York, holding some combination thereof, including, but not limited to, district 75 schools.
Service recommendation. The term "service recommendation" means the type of services outlined in an individualized education program, including consultant teacher services, resource room programs, integrated co-teaching services, and special class as such terms are defined in section 200.1 of title 8 of the New York codes, rules and regulations, or a successor provision.
Special class. The term "special class" has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations, or a successor provision.
Special education itinerant services. The term "special education itinerant services" has the same meaning as set forth in paragraph (k) of subdivision 1 of section 4410 of the education law, or a successor provision.
Student. The term "student" means any pupil under the age of twenty-one as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a school as school is defined in this subdivision, not including a pre-kindergarten student or a preschool child as preschool child is defined in section 4410 of the education law, or a successor provision.
Student in foster care. The term “student in foster care” means a student placed in 24-hour substitute care away from their birth or adoptive parents and for whom the child welfare agency has placement and care responsibility, as set forth in chancellor’s regulation A-101, or a successor provision, at any point and for any length of time during the school year.
Student in temporary housing. The term "student in temporary housing" means a student who has been identified by the department as a "homeless child" as such term is defined in section 100.2 of title 8 of the New York codes, rules and regulations, or a successor provision.
Student with a disability. The term "student with a disability" has the same meaning as set forth in section 4401 of the education law, or a successor provision.
Three-year reevaluation. The term "three-year reevaluation" means a reevaluation that occurs at least once every three years unless otherwise agreed as set forth in section 200.4 of title 8 of the New York codes, rules and regulations, or a successor provision.
b. The department shall submit to the speaker of the council and post on the department's website an annual report regarding the evaluation of students, not including preschool students, for special education services and the provision of such services during the preceding academic period, which shall include, but shall not be limited to the following information:
1. the number of referrals for initial evaluations and reevaluations pursuant to section 200.4 of title 8 of the official compilation of the codes, rules and regulations of the state of New York, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, recommended language of instruction, and grade level;
2. the number of initial evaluations conducted, including the number of such evaluations that resulted in a determination that the student was a student with a disability;
3. the number of IEP meetings that were convened less than or equal to 60 calendar days from the date of consent, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, recommended language of instruction, and grade level;
4. the number of IEP meetings that were convened more than 60 calendar days from the date of consent, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, recommended language of instruction, and grade level;
5. the number of reevaluations conducted, including the number of reevaluations that resulted in a determination that the student was no longer a student with a disability;
6. the number of IEP meetings that were convened less than or equal to 60 calendar days from the date of referral for reevaluation, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, recommended language of instruction, and grade level;
7. the number of IEP meetings that were convened more than 60 calendar days from the date of referral for reevaluation, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, recommended language of instruction, and grade level;
8. the total number of students who have an IEP as of June 30 of the reported academic period, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, recommended language of instruction, grade level, disability classification and school;
9. the total number of students within each disability classification referenced in paragraph 8 of this subdivision as of June 30 of the reported academic period, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, recommended language of instruction, and grade level;
10. the number and percentage of students, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, recommended language of instruction, grade level, and disability classification who, by the end of the academic period, have an IEP with a most restrictive recommendation of:
(a) related services only;
(b) special education teacher support services;
(c) integrated co-teaching services;
(d) special class in a community school;
(e) special class in a district 75 school; or
(f) non-public school placement;
11. the average number of school days between the date the department receives consent from the parent or person in parental relation for the initial provision of special education services as set forth in section 200.5(b)(1)(ii) of title 8 of the official compilation of the codes, rules and regulations of the state of New York and the date the department issues notice of the school that will implement the IEP, provided that this information shall only be reported when the parent or person in parental relation has not consented to defer implementation of the IEP until the following semester or the following school year, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, r0ecommended language of instruction, and grade level;
12. the following information, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, recommended language of instruction, and grade level:
(a) the number of reevaluations that resulted in an IEP recommendation of more periods per week in a special class than the student's previous IEP recommendation;
(b) the number of reevaluations that resulted in an IEP recommendation of fewer periods per week in a special class than the student's previous IEP recommendation;
(c) the number of reevaluations that resulted in an IEP recommendation of removal from a school that serves students who are not students with disabilities and placement in a separate school for a student not previously recommended for such placement; and
(d) the number of reevaluations that resulted in an IEP recommendation of placement in a school that serves students who are not students with disabilities for a student previously recommended for placement in a separate school;
13. the number of 3-year reevaluations conducted, including the number of such evaluations that were timely conducted, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, recommended language of instruction, and grade level;
14. the number and percentage of students, disaggregated by eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, recommended language of instruction, grade level, service recommendation, school and community school district, who were receiving special education services:
(a) in full compliance with their IEPs by the end of the academic period; and
(b) in partial compliance with their IEPs by the end of the academic period;
15. the number and percentage of students, disaggregated by eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, recommended language of instruction, grade level, service recommendation, school and community school district, who, by the end of the academic period, were receiving in full the services enumerated in subparagraphs (a) through (j) of this paragraph as recommended on their IEPs, the number and percentage of students who as of the end of the academic period were receiving in part such services, and the number and percentage of students who were awaiting the provision of such services:
(a) Monolingual speech therapy;
(b) Bilingual speech therapy;
(c) Monolingual counseling;
(d) Bilingual counseling;
(e) Occupational therapy;
(f) Physical therapy;
(g) Hearing education services;
(h) Vision education services;
(i) Assistive technology services; and
(j) Special transportation services.
16. the number and percentage of students, disaggregated by eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, status as a student in temporary housing, status as a student in foster care, recommended language of instruction, grade level, service recommendation, school and community school district, who have a behavioral intervention plan; and
17. the number and percentage of students with IEPs who are recommended for participation in the general education curriculum for:
(a) 80% or more of the day;
(b) 40-79% of the day; and
(c) less than 40% of the day.
c. The annual report required by subdivision (b) of this section shall be submitted and posted no later than November 1, provided that the first report, reporting data for the academic period beginning July 1, 2014 and ending June 30, 2015, shall be submitted and posted no later than February 29, 2016, and the second report, reporting data for the academic period beginning July 1, 2015 and ending June 30, 2016, shall be submitted and posted no later than November 1, 2016.
d. The report required by subdivision b of this section shall also include, to the extent practicable, a narrative description of the provision of special education services for students enrolled in district 79 schools and programs.
e. Beginning on September 1, 2020, the department shall also submit to the speaker of the council and post on the department's website a report regarding the provision of special education services during the applicable reporting period, including but not limited to the following information:
1. The number and percentage of students who were receiving special education services: (i) in full compliance with their IEPs by the end of the reporting period; and (ii) in partial compliance with their IEPs by the end of the reporting period;
2. The number and percentage of students who, by the end of the reporting period, were receiving in full the services enumerated in subparagraphs (a) through (j) of this paragraph as recommended on their IEPs, the number and percentage of students who as of the end of the reporting period were receiving in part such services, and the number and percentage of students who were awaiting the provision of such services:
(a) Monolingual speech therapy;
(b) Bilingual speech therapy;
(c) Monolingual counseling;
(d) Bilingual counseling;
(e) Occupational therapy;
(f) Physical therapy;
(g) Hearing education services;
(h) Vision education services;
(i) Assistive technology services; and
(j) Special transportation services.
The information required to be reported pursuant to this subdivision shall be submitted and posted no later than September 1, February 1 and June 1 of each year.
f. The department shall submit to the speaker of the council and post on the department's website an annual report regarding the evaluation of preschool students for special education services and the provision of such services during the preceding academic period. To the extent such information is available, such report shall include, but shall not be limited to the following information, each disaggregated by community school district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, recommended language of instruction or services, home language, status as a student in temporary housing, and status as a student in foster care:
1. The number of referrals for initial evaluations pursuant to section 200.4 of title 8 of the New York codes, rules and regulations;
2. The number of initial evaluations conducted, including the number of such evaluations that resulted in a determination that the child was a preschool student with a disability;
3. The number of requests for referral for an initial evaluation pursuant to section 200.4 of title 8 of the New York codes, rules and regulations, for which the department has not received consent from the parent or person in parental relation;
4. The number of IEP meetings that were convened less than or equal to 60 calendar days from the date of consent for initial evaluations;
5. The number of IEP meetings that were convened more than 60 calendar days from the date of consent for initial evaluations;
6. The total number of preschool students with a disability who have an IEP as of June 30 of the reported academic period;
7. The number and percentage of preschool students with a disability for whom appropriate special education programs and services were arranged to be provided within 60 school days from the date of consent for initial evaluations pursuant to section 200.4 of title 8 of the New York codes, rules and regulations;
8. The number and percentage of preschool students with a disability who, by the end of the academic period, have an IEP that recommends the following enumerated services:
(a) Related services only;
(b) Monolingual special education itinerant services;
(c) Bilingual special education itinerant services;
(d) Monolingual full-day integrated special class program;
(e) Monolingual half-day integrated special class program;
(f) Bilingual full-day integrated special class program;
(g) Bilingual half-day integrated special class program;
(h) Monolingual full-day special class, disaggregated by the following student-to-teacher-to-aid ratios:
(1) 6:1:2;
(2) 8:1:2;
(3) 12:1:2; or
(4) Other ratio;
(i) Monolingual half-day special class, disaggregated by the following student-to-teacher-to-aid ratios:
(1) 6:1:2;
(2) 8:1:2;
(3) 12:1:2; or
(4) Other ratio;
(j) Bilingual full-day special class, disaggregated by the following student-to-teacher-to-aid ratios:
(1) 6:1:2;
(2) 8:1:2;
(3) 12:1:2; or
(4) Other ratio; and
(k) Bilingual half-day special class, disaggregated by the following student-to-teacher-to-aid ratios:
(1) 6:1:2;
(2) 8:1:2;
(3) 12:1:2; or
(4) Other ratio;
9. The number and percentage of preschool students with a disability who were receiving special education services in full compliance with their IEPs by the end of the academic period and in partial compliance with their IEPs by the end of the academic period;
10. The number and percentage of preschool students with a disability who, by the end of the academic period, were receiving in full the services enumerated in subparagraphs (a) through (s) of this paragraph as recommended in their IEPs; the number and percentage of preschool students with a disability who, as of the end of the academic period, were receiving in part such services; and the number and percentage of preschool students with a disability who, as of the end of the academic period, were awaiting the provision of such services:
(a) Monolingual speech therapy;
(b) Bilingual speech therapy;
(c) Monolingual counseling;
(d) Bilingual counseling;
(e) Occupational therapy;
(f) Physical therapy;
(g) Hearing education services;
(h) Vision education services;
(i) Special transportation services;
(j) Monolingual special education itinerant services;
(k) Bilingual special education itinerant services;
(l) Monolingual full-day integrated special class program;
(m) Monolingual half-day integrated special class program;
(n) Bilingual full-day integrated special class program;
(o) Bilingual half-day integrated special class program;
(p) Monolingual full-day special class, disaggregated by the following student-to-teacher-to-aid ratios:
(1) 6:1:2;
(2) 8:1:2;
(3) 12:1:2; or
(4) Other ratio;
(q) Monolingual half-day special class, disaggregated by the following student-to-teacher-to-aid ratios:
(1) 6:1:2;
(2) 8:1:2;
(3) 12:1:2; or
(4) Other ratio;
(r) Bilingual full-day special class, disaggregated by the following student-to-teacher-to-aid ratios:
(1) 6:1:2;
(2) 8:1:2;
(3) 12:1:2; or
(4) Other ratio; and
(s) Bilingual half-day special class, disaggregated by the following student-to-teacher-to-aid ratios:
(1) 6:1:2;
(2) 8:1:2;
(3) 12:1:2; or
(4) Other ratio;
11. The number and percentage of preschool students with a disability enrolled in 3-K or Pre-K for All programs at the end of the academic period, disaggregated by grade level where available;
12. The number and percentage of preschool students with a disability enrolled in 3-K or Pre-K for All programs who receive full services at the 3-K or Pre-K for All program where they are enrolled;
13. The number of preschool integrated special class programs in 3-K and Pre-K for All;
14. The number of non-public preschool special education programs approved by the state education department;
15. The number of preschool special classes administered by the department in 3-K and Pre-K for All, including programs in district 75 schools, in total and disaggregated by the following student-to-teacher-to-aid ratios:
(1) 6:1:2;
(2) 8:1:2;
(3) 12:1:2; or
(4) Other ratio; and
16. The number of non-public preschool special education programs approved by the state education department in total and disaggregated by the following student-to-teacher-to-aid ratio:
(1) 6:1:2;
(2) 8:1:2;
(3) 12:1:2; or
(4) Other ratio.
g. No later than November 1, 2027, and annually thereafter, the chancellor shall submit to the speaker of the council and post conspicuously on the department’s website a report regarding manifestation determination reviews conducted during the preceding academic year. Such report shall include the following information citywide; by borough; by community school district, district 75 or district 79; and by school:
1. The number of students referred to a committee on special education, manifestation team, or school for a manifestation determination review;
2. The number of manifestation determination reviews conducted by a committee on special education or a manifestation team, in total and disaggregated by:
(a) The number and percentage of such manifestation determination reviews in which the parent or person in parental relation reported not receiving notice of the manifestation determination review or for which no documentation of such notice exists;
(b) The number and percentage of such manifestation determination reviews for which the notice of the manifestation determination review was generated for the parent or person in parental relation at least 5 days in advance of such review, and the number and percentage in which such notice was generated for the parent or person in parental relation fewer than 5 days in advance;
(c) The number and percentage of such manifestation determination reviews in which a parent, person in parental relation or legal advocate did not attend the manifestation determination review;
(d) The number and percentage of such manifestation determination reviews in which interpretation services were requested by a parent or person in parental relation and the number and percentage of instances in which such services were provided during the manifestation determination review;
(e) The number and percentage of such manifestation determination reviews for which the procedural safeguard notice was provided on the same day as the date of referral to a committee on special education, manifestation team, or school; and the number and percentage for which such notice was not provided on the same day;
(f) The number and percentage of such manifestation determination reviews for which the procedural safeguard notice was provided on the same day as the date the parent was notified of the need to conduct a manifestation determination review, and the number and percentage for which such notice was not provided on the same day;
(g) The number and percentage of such manifestation determination reviews conducted within 10 school days of the date of referral to a committee on special education, and the number and percentage conducted more than 10 school days after the date of referral;
(h) The number and percentage of such manifestation determination reviews resulting in a finding that the student’s behavior was a manifestation of the student’s disability; and
(i) The number and percentage of such manifestation determination reviews resulting in a finding that the student’s behavior was not a manifestation of the student’s disability;
3. The number of students who received more than one manifestation determination review during the same academic year;
4. The number of students without an IEP but for whom the department is deemed to have knowledge that the student is a student with a disability; and
5. The number of students with 504 plans;
h. The information required to be reported pursuant to subdivision g of this section shall additionally be disaggregated by:
1. Grade level;
2. Race or ethnicity;
3. Gender;
4. English language learner status;
5. Eligibility for the free and reduced price lunch program;
6. Status as a student in temporary housing;
7. Status as a student in foster care;
8. Status as a student with a 504 plan;
9. Status as a student without an IEP that the department is deemed to have knowledge of as a student with a disability;
10. Disability classification; and
11. Infraction code as listed under the New York city discipline code for the given reporting year.
i. The report required pursuant to subdivision g of this section shall also include a summary of system-wide practices used by the department to inform parents and persons in parental relation about the manifestation determination review process.
j. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of student information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If a category contains between one and five students, or allows another category to be narrowed to between one and five students, the number shall be replaced with a symbol. A category that contains zero students shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of student information.
k. The annual report required by subdivision e of this section shall be submitted and posted no later than November 1.
(L.L. 2015/027, 3/30/2015, eff. 5/29/2015; Am. L.L. 2017/183, 10/8/2017, eff. 10/8/2017; Am. L.L. 2018/089, 4/22/2018, eff. 4/22/2018; Am. L.L. 2020/016, 1/19/2020, eff. 1/19/2020; Am. L.L. 2020/017, 1/19/2020, eff. 1/19/2020; Am. L.L. 2020/021, 1/19/2020, eff. 1/19/2020; Am. L.L. 2023/147, 11/5/2023, eff. 11/5/2023; Am. L.L. 2026/037, 1/17/2026, eff. 1/17/2026)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/183.