N.Y. Comp. Codes R. & Regs. tit. 8 § 118.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 118.3 - Evaluation

(a) Except as otherwise provided in subdivision (b) of this section, each school district responsible for the provision of educational programs pursuant to Education Law, section 3202(7) shall assure that an educational evaluation is completed as soon as possible, but in no case later than 10 school days after the district's receipt of a request for educational services on behalf of a youth eligible to receive educational services. The educational evaluation shall be administered in the student's dominant language and shall assess at a minimum the student's development in reading, mathematics, and receptive and expressive language. If such evaluation indicates the possible need for a more intensive program of educational services, a multidisciplinary assessment shall be performed and programmatic recommendations based on that assessment shall be made to the student's teacher not later than 20 school days after the district's receipt of a request for educational services.

(b) Information obtained from schools previously attended by the student, from the student's presentencing report or from other comparable sources may be used to supplement the assessments required by the provisions of subdivision (a) of this section. In the event that the information so obtained includes the results of adequate educational assessments of the student conducted within three years prior to the district's receipt of the request for educational services, such results may be used to satisfy, in whole or in part, the requirement of subdivision (a) of this section that an educational evaluation of the student be conducted.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 118.3