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- New York State Human Rights Law
- Office of Special Education 288
- Senate Bill 2352 289
- The Dignity for All Students Act (DASA) 290
- Program Development Grant to Prepare Students with Disabilities to Exit School with Work Readiness Skills 291
- Government Policies and Programs
- Adult Career and Continuing Education Services-Vocational Rehabilitation (ACCES-VR) 292
- Readers Aid Program (RAP) 293
62New YorkRegulationsNew York State Education LawApproved Private, Special Act, State-Operated, and State-Supported Schools285Article 89 of the New York State Education Law provides that students with disabilities may be educated in approved private schools at public expense if it has been determined that school districts do not have appropriate programs to meet the needs of these students.286 NYS approved private 853 schools, created by Chapter 853 of the Laws of 1976, are operated by private agencies, and provide day and/or residential programs for students with disabilities. A Committee on Special Education (CSE) may recommend a placement of a student with a disability in the approved private school when it determines that the student cannot be appropriately educated in the home school district, a neighboring district or in the programs of a board of cooperative educational services (BOCES) program. State-supported schools, which were established by the State Legislature (section 4201 of Education Law), provide educational services to students with disabilities with deafness, blindness, severe emotional disturbance or severe physical disabilities. State-supported schools are privately operated programs. Application for State appointment to a State-supported school may be initiated by the student’s parent or guardian or by the CSE for the district responsible for the student. The two State-operated schools, which are operated by NYSED, were established pursuant to Article 87 of the Education Law (for students who are legally blind and have additional disabilities) and Article 88 of the Education Law (for students who have hearing loss of over 80 decibels or are functionally deaf). Students are referred to these schools by their parents or the CSE and attend the day program and/or residential program during the school week. New York State Human Rights LawThe New York State Human Rights Law makes it illegal for non-sectarian educational institutions to deny their services to students based on race, colour, religion, disability, national origin, sexual orientation, military status, sex, age, or marital status, and for such institutions to allow students to be harassed based on any of those characteristics. However, the Human Rights Law does not bar schools from choosing to provide single-sex education. It is unlawful for a school to retaliate against any individual because he or she filed a complaint, opposed any unlawful practice, or testified or assisted in an investigation or proceeding. The law has recently been ruled to apply only to private educational institutions - not public ones. However, public schools may still be held liable for wrongdoing (physical injuries, ongoing harassment) carried out by teachers and/or students on their property under different legal theories. In addition, public schools are prohibited from engaging in discrimination under the City's law. The law also provides individuals with temporary disabilities, such as broken limbs or other short-term medical conditions, the right to request reasonable accommodations to obtain equal access to programs, events, and facilities for the duration of the illness.287 Office of Special Education288Office of Special Education’s home comes within the State Education Department's Office of Prekindergarten through Grade 12 education (P-12 education). Students with disabilities are an integral part of all aspects of P-12 Education policy development and program implementation. The Office of Special Education works to promote educational equity and excellence for students with disabilities through its roles and responsibilities to: Oversee the implementation of federal and State laws and policy for students with disabilities. Provide general supervision and monitoring of all public and private schools serving New York State preschool and school age students with disabilities. Establish a broad network of technical assistance centers and providers to work directly with parents and school districts to provide current information and high quality professional development and technical assistance to improve results for students with disabilities. Ensure a system of due process, including special education mediation and impartial hearings. Meet with stakeholders through the Commissioner's Advisory Panel for Special Education Services. Senate Bill 2352289In New York State, representatives from People Inc. and the Museum of disability History worked with NYS Assemblymember, Mark Schroeder of Buffalo, who proposed a resolution establishing the third week of October as Disability History Week. Assemblymember Schroeder’s resolution was passed in the New York State Assembly. Senator Joe Robach of Rochester sponsored the resolution in the NYS Senate where it passed in June 2007. Assemblymember Schroeder and Lieutenant Governor (current Governor) David Paterson participated in a signing ceremony held outside the Museum of disability History on October 18, 2007, which marked New York State’s first-ever Disability History Week. In April 2010, Assemblymember Mark Schroeder introduced bills A10852 and A10853 relating to disability history instruction and the permanent designation of a Disability History Week (respectively). On May 17, 2010, during the Assembly’s annual Legislative Disabilities Awareness Day, an amended version of the bill (10853A) declaring October 18 as Disabilities History Day was passed with a unanimous vote of approval. Senator Stachowski subsequently introduced two companion bills (S7930 & S7931) in the NYS Senate. S7931, declaring October 18 as Disabilities History Day, was passed June 10th and was signed into law by Governor David Paterson on July 21, 2010! Despite the official designation of a day, supporters will continue celebrating Disability History Week during the third full week in October. In the 2011 legislative session, curriculum bills were introduced in the NYS Senate and the Assembly by Senator Mark Grisanti and AssemblyMember Mark Schroeder. Both bills aim to promote greater awareness and understanding of people with disabilities by amending current NYS Education Law 801 (Chapter 265 of the Laws of 2000) to make available to all students grades kindergarten through twelve suitable curriculum materials to aid in the instruction, understanding and acceptance of students with disabilities. The bills remained in committee when the 2011 session ended. As the 2012 legislative session commenced, S2352 was placed on the Senate Education and Finance Committees’ agenda, was reviewed, and with much support was successfully passed. The Dignity for All Students Act (DASA)290The Dignity for All Students Act (DASA), a new law in New York State, prohibits (1) harassment by employees or students on school property or at school functions and (2) discrimination against a student based on his/her actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability sexual orientation, gender or sex by school employees or students. DASA is New York's first comprehensive statewide anti-bullying legislation and stands as a powerful tool against discrimination and harassment in public elementary and secondary schools. DASA will protect New York students while promoting increased tolerance and lessons in diversity. Incidents of school bullying are at a nationwide high. Students experience verbal and physical harassment often because of their race, religion, disability, sexual orientation, or gender identity. A recent survey showed that 4 in 5 LGBT students in New York experienced verbal harassment, while 1 in 3 LGBT students experienced physical abuse because of their sexual orientation. Prior to the passage of DASA, only 1 in 5 students in New York attended a school with a comprehensive anti-bullying and harassment policy. DASA now provides broad and meaningful protections for all students against discrimination and harassment based on a person's actual or perceived race, color, weight, national origin, ethnicity, religion, disability, sexual orientation, gender, or sex. With the specific inclusion of sexual orientation and gender identity, classes of people not protected by federal law, DASA provides important protections for LGBT youth in New York. Among the provisions of the law, DASA requires all public schools to adopt policies to prohibit harassment and discrimination; provide copies of these new policies to students and parents; incorporate discrimination and harassment awareness and sensitivity training into instructional and counseling programs; and report incidents of discrimination and harassment on an annual basis. Grants and LoansProgram Development Grant to Prepare Students with Disabilities to Exit School with Work Readiness Skills291The Program Development Grant program is a competitive grant program to provide funding for schools to enhance their instructional programs to increase students with disabilities’ access to and participation in career and technical education (CTE) coursework, instruction in the Career Development and Occupational Studies (CDOS) learning standards, and work-based learning opportunities to fulfill requirements for the award of the NYS CDOS Commencement Credential. Government Policies and ProgramsNew York City Department of Education (DOE) is committed to ensuring that its programs, services, and activities are accessible to students with disabilities, including students with mobility impairments or other physical disabilities, in compliance with the Americans with Disabilities Act (ADA). The DOE assesses all organizations located in buildings on a continuous basis to determine which schools are functionally accessible to students with disabilities. The DOE has a variety of school buildings that includes inaccessible buildings, partially accessible buildings, and fully accessible buildings. A fully accessible building is a building that is constructed post-1992 that complies with all of the ADA's requirements and has no barriers to entry for persons with mobility impairments. In contrast, a partially accessible building allows persons with mobility impairments to enter and exit the building, access all relevant programs, and have use of at least one restroom, but the entire building is not accessible. Functionally Accessible Schools or Programs are located in a fully or partially accessible building where an individual with mobility impairment may enter and access all relevant programs and services, including the science laboratory, library, cafeteria, and the gymnasium; in some cases, school programs may need to be re-located to accommodate access. At least one restroom is accessible. It is the policy of the New York City Department of Education to provide equal educational opportunities without regard to actual or perceived race, color, religion, creed, ethnicity, national origin, alienage, citizenship status, disability, sexual orientation, gender (sex) or weight and to maintain an environment free of harassment on the basis of any of these grounds, including sexual harassment or retaliation. Chancellor’s Regulation A-830 sets forth the procedures for employees, parents of students, students, and others who do business with, use DOE facilities or otherwise interact with the DOE to file complaints of unlawful discrimination or retaliation based upon such complaints. Adult Career and Continuing Education Services-Vocational Rehabilitation (ACCES-VR)292Transition and Youth ServicesACCES-VR is an organization under the New York State Education Department dedicated to promoting educational excellence and opportunities for individuals with disabilities seeking postsecondary education and employment. ACCES-VR works with students, families and school districts to coordinate appropriate services for students with disabilities who are leaving secondary education and entering adult vocational rehabilitation and related services. These efforts are crucial to enable students to achieve maximum success in post-school activities comprising integrated employment (including supported employment), post-secondary education, independent living, and community participation. Students who are expected to exit school within two years should be referred to ACCES-VR when: The school, student and/or parents jointly recognize that the student's disability will interfere with his/her ability to work in the community and that ACCES-VR services are necessary to help the student successfully achieve employment; and The vocational rehabilitation services needed are not among the continuum of mandated school district programs. Transition services are a coordinated set of activities for secondary students with disabilities, designed to achieve specific outcomes, which promote movement from school to post-school activities. The coordination is carried out by the school district, with the active participation of the student, his or her family and appropriate community service agencies, including ACCES-VR. The coordinated set of activities is based upon the individual student's needs, taking into account the student's preferences, potential, abilities and interests. These activities include instruction, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. The goal of transition services is not simply a referral to ACCES-VR, but rather post-secondary education, adult education and training, adult services, independent living, community participation, a specific job or career, and/or integrated community living. Readers Aid Program (RAP)293New York State Education Department, Office of Adult Career and Continuing Education Services –Vocational Rehabilitation offers the Readers Aid Program, which provides funding each academic year to participating institutions of Higher Education to help to meet the costs of note-taker, reader and/or interpreter services. Funding requests are coordinated and paid through the institution of Higher Education. (Readers Aid Program funds cannot be used for tuition, maintenance fees, tutoring, guide services, or textbooks.) To be eligible for the program, students must: Have a severe to profound hearing loss (70dB or more) or a speech discrimination of less than 70 percent; OR Be legally blind (meaning 20/200 vision in the better eye (with best correction) ; AND
Be matriculated or actively working to earn a certificate through an institution of higher education authorized by law to grant degrees and, if in New York State, approved by the New York State Board of Regents.
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