Northeast · NY

New York special education IEP compliance and timelines

Governing regulations: 8 NYCRR Part 200 and Part 201; N.Y. Educ. Law Article 89. State education agency: New York State Education Department.

Initial evaluation: The initial individual evaluation must be completed within 60 calendar days of receipt of parental consent. Exceptions apply when the student enrolls in a new district after the clock starts and a timeline is agreed, or when the parent repeatedly fails to produce the student.
Initial IEP meeting: The Committee on Special Education (CSE) must make its recommendation and the board of education must arrange the recommended services within 60 school days of receipt of consent to evaluate. If the CSE recommends an approved private school, the placement must be arranged within 30 school days of the board's receipt of the recommendation. Preschool students are handled by the Committee on Preschool Special Education (CPSE) under separate rules. (8 NYCRR § 200.4(e)(1); 8 NYCRR § 200.16 (preschool))
Annual review: At least annually by the CSE or CPSE (8 NYCRR § 200.4(f); 34 CFR § 300.324(b)(1)).
Reevaluation: At least once every 3 years, and not more than once a year unless the parent and district agree (8 NYCRR § 200.4(b)(4)).
Transition planning: Must be in effect by age 15, earlier than the federal age of 16.
Academic standards: New York State Next Generation Learning Standards
IEP forms & systems: New York mandates a State IEP form: every district must use the NYSED-prescribed IEP form, though districts complete it in vendor or locally built software.

Where New York differs from the federal baseline

Two clocks run from consent: 60 calendar days to complete the evaluation and 60 school days to have the recommended program in place (8 NYCRR §§ 200.4(b)(7) and 200.4(e)(1)).
Transition services must be included in the first IEP in effect when the student is age 15, or younger if appropriate (8 NYCRR § 200.4(d)(2)(ix)).
All districts must use the State-mandated IEP form and related forms prescribed by NYSED.
Eligibility and IEP decisions are made by the CSE for school-age students and the CPSE for preschool students ages 3 to 5, with membership set by 8 NYCRR § 200.3.
An initial evaluation must include, at minimum, a physical examination, an individual psychological evaluation where appropriate, a social history and an observation of the student in the current educational setting (8 NYCRR § 200.4(b)(1)).

Timely evaluation and placement against the 60-day and 60-school-day clocks (Indicator 11)
Disproportionality in identification, placement and discipline
Secondary transition IEP content beginning at age 15 (Indicator 13)

01Signed consent date recorded; evaluation due within 60 calendar days.
02Eligibility determined and initial IEP meeting scheduled: The Committee on Special Education (CSE) must make its recommendation and the board of education must arrange the recommended services within 60 school days of receipt of consent to evaluate. If the CSE recommends an approved private school, the placement must be arranged within 30 school days of the board's receipt of the recommendation. Preschool students are handled by the Committee on Preschool Special Education (CPSE) under separate rules.
03PLAAFP includes measurable baselines and a statement of how the disability affects involvement in the general curriculum (34 CFR § 300.320(a)(1)).
04Each annual goal is measurable, with condition, behavior, criterion and measurement method (§ 300.320(a)(2)).
05Progress reporting schedule stated for each goal (§ 300.320(a)(3)).
06Transition goals and services in effect by age 15 where applicable.
07Prior Written Notice issued for every proposal or refusal, with all seven § 300.503(b) elements.
08Annual review scheduled within 365 days; reevaluation within 3 years.

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