§ 4402. Duties of school districts. 1. * a. The board of education or trustees of each school district and the city school district of the city of New York shall, under regulations prescribed by the commissioner and approved by the regents of the university, identify, locate and evaluate in accordance with this section all students with disabilities in such district who are in need of special education, including children with disabilities who are homeless children or are wards of the state as defined in the regulations of the commissioner and, consistent with section thirty-six hundred two-c of this chapter, students who attend nonpublic schools within such school district, and shall maintain a register containing the name of each child with a disability who resides in the district, the nature of such child’s disability, the educational placement and setting, if any, of such child, and any other student-specific data required to comply with federal law or regulations.

* NB Effective until June 30, 2015

* a. The board of education or trustees of each school district and the city school district of the city of New York shall ascertain under regulations prescribed by the commissioner and approved by the regents of the university, the number of children with handicapping conditions in such district under the age of twenty-one years and the nature of the handicapping condition of each such child in accordance with the provisions of this section, and shall maintain a register containing the name of each child with a handicapping condition who resides in the district, the nature of such child’s handicapping condition, the educational placement and setting, if any, of such child.

* NB Effective June 30, 2015

b. (1) The board of education or trustees of each school district shall establish committees and/or subcommittees on special education as necessary to ensure timely evaluation and placement of pupils. The board of education of the city school district of the city of New York, shall establish at least one committee on special education in each of its community school districts, provided that appointments to the community school district committees shall be made upon the approval of the community school board except that the board of education of the city school district of the city of New York, may establish one committee to serve more than one community school district, in which case, appointments thereto shall be made upon the joint approval of the affected community school boards; provided, however, that prior to such consolidation, the board shall consider the relative caseload of the committee on special education in each affected community school district, including but not limited to the following factors: the number of students evaluated by such committee; the number of referrals to special education in such community school district; the ability to comply with mandated paperwork and timelines; and other issues which the board deems pertinent.

(a) Such committees shall be composed of at least the following members:

(i) the parents or persons in parental relationship to the student; (ii) one regular education teacher of the student whenever the student is or may be participating in the regular education environment; (iii) one special education teacher of the student, or, if appropriate, a special education provider of the student; (iv) a school psychologist; (v) a representative of such school district who is qualified to provide or administer or supervise special education and is knowledgeable about the general curriculum and the availability of resources of the school district; (vi) an individual who can interpret the instructional implications of evaluation results; (vii) a school physician; (viii) an additional parent, residing in the school district or a neighboring