Bill Text: NY A09280 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to establishing a community-based program providing supports and services for individuals with neurologically-based learning disorders to re-engage with school or adult education.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-04-07 - referred to education [A09280 Detail]
Download: New_York-2013-A09280-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9280 I N A S S E M B L Y April 7, 2014 ___________ Introduced by M. of A. NOLAN -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to establishing communi- ty-based programs providing supports and services for individuals with neurologically-based learning disorders to re-engage with school or adult education THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The education law is amended by adding a new article 94 to 2 read as follows: 3 ARTICLE 94 4 YOUTH AND ADULTS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS 5 SECTION 4650. DEFINITIONS. 6 4651. PROGRAM FOR COMMUNITY-BASED PROGRAMS PROVIDING SUPPORTS 7 AND SERVICES FOR INDIVIDUALS WITH NEUROLOGICALLY-BASED 8 LEARNING DISORDERS TO RE-ENGAGE WITH SCHOOL OR ADULT 9 EDUCATION. 10 S 4650. DEFINITIONS. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING 11 MEANINGS WHEN USED IN THIS ARTICLE: 12 1. "NEUROLOGICALLY-BASED LEARNING DISORDERS" SHALL MEAN A DISORDER 13 RESULTING IN DEFICITS IN EXECUTIVE FUNCTIONING AND/OR DEFICITS IN ONE OR 14 MORE OF THE BASIC PSYCHOLOGICAL PROCESSES INVOLVED IN UNDERSTANDING OR 15 IN USING LANGUAGE, SPOKEN OR WRITTEN, THAT MAY MANIFEST ITSELF IN THE 16 IMPERFECT ABILITY TO LISTEN, THINK, SPEAK, READ, WRITE, SPELL, OR TO DO 17 MATHEMATICAL CALCULATIONS, INCLUDING CONDITIONS SUCH AS PERCEPTUAL DISA- 18 BILITIES, BRAIN INJURY, MINIMAL BRAIN DYSFUNCTION, DYSLEXIA, AND DEVEL- 19 OPMENTAL APHASIA. 20 2. "EXECUTIVE FUNCTIONING" SHALL MEAN THE MANAGEMENT, REGULATION 21 AND/OR CONTROL OF COGNITIVE PROCESSES INCLUDING WORKING MEMORY, REASON- 22 ING, TASK FLEXIBILITY, AND PROBLEM SOLVING AS WELL AS PLANNING, AND 23 EXECUTION. 24 3. "INDIVIDUAL WITH NEUROLOGICALLY-BASED LEARNING DISORDERS" ("INDI- 25 VIDUAL") SHALL MEAN AN INDIVIDUAL, AGE SEVENTEEN OR OLDER, WITH A DIAG- 26 NOSED OR SUSPECTED NEUROLOGICALLY-BASED LEARNING DISORDER OR A RELATED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14633-01-4 A. 9280 2 1 NEUROLOGICAL IMPAIRMENT WHO IS NOT ENROLLED IN SCHOOL, AN ADULT BASIS 2 EDUCATION PROGRAM, A HIGH SCHOOL EQUIVALENCY DIPLOMA PROGRAM OR A CAREER 3 SCHOOL; OR AN INDIVIDUAL WITH A DIAGNOSED OR SUSPECTED 4 NEUROLOGICALLY-BASED LEARNING DISORDER OR RELATED NEUROLOGICAL IMPAIR- 5 MENT ENROLLED IN AN ADULT BASIC EDUCATION PROGRAM, A HIGH SCHOOL EQUIV- 6 ALENCY DIPLOMA PROGRAM, A CAREER SCHOOL OR SIMILAR EDUCATIONAL PROGRAM 7 BUT WHO IS NOT DEMONSTRATING A LEVEL OF SUCCESS WITH SUCH PROGRAM THAT 8 WOULD LIKELY LEAD TO GRADUATION OR SUCCESSFUL COMPLETION. 9 4. "INDIVIDUAL EDUCATION AND EMPLOYMENT PLAN" SHALL MEAN A PERSON-CEN- 10 TERED WRITTEN DOCUMENT DEVELOPED BY A COMMUNITY-BASED PROGRAM PROVIDING 11 SUPPORTS AND SERVICES FOR AN INDIVIDUAL WITH A NEUROLOGICALLY-BASED 12 LEARNING DISORDER, DEVELOPED WITH THE PARTICIPATION OF THAT INDIVIDUAL. 13 SUCH PLAN SHALL INCLUDE A STATEMENT OF THE INDIVIDUAL'S CURRENT LEVEL OF 14 ACADEMIC ACHIEVEMENT; A DESCRIPTION OF HOW THE INDIVIDUAL'S DISABILITY 15 AND LEARNING STYLE AFFECTS HIS OR HER PARTICIPATION IN THEIR DESIRED 16 EDUCATIONAL PROGRAM; A STATEMENT OF MEASURABLE GOALS, INCLUDING FUNC- 17 TIONAL, EDUCATIONAL AND CAREER GOALS; A STATEMENT DESCRIBING THE 18 SUPPORTS AND SERVICES TO BE PROVIDED TO SUCH INDIVIDUAL BY THE COMMUNI- 19 TY-BASED PROGRAM IN ORDER TO MEET THOSE GOALS; AND A STATEMENT OF EDUCA- 20 TIONAL ACCOMMODATIONS AND MODIFICATIONS REQUIRED BY THE INDIVIDUAL TO 21 ACHIEVE SUCCESS IN HIS OR HER DESIRED EDUCATIONAL PROGRAM, WHICH MAY 22 INCLUDE ASSISTIVE TECHNOLOGY. 23 5. "SOFT SKILLS" SHALL MEAN PERSONAL ATTRIBUTES THAT ENHANCE AN INDI- 24 VIDUAL'S SOCIAL INTERACTIONS, EDUCATIONAL ACHIEVEMENT, JOB PERFORMANCE 25 AND CAREER PROSPECTS. 26 6. "SERVICE NAVIGATION" SHALL MEAN SERVICES THAT IDENTIFY COMMUNITY 27 RESOURCES THAT COULD BENEFIT THE INDIVIDUAL'S QUALITY OF LIFE AND EDUCA- 28 TIONAL AND EMPLOYMENT GOALS BY TARGETING THE SPECIFIC COMMUNITY AGENCIES 29 AND ORGANIZATIONS THAT WILL HELP INDIVIDUALS ATTAIN THEIR SPECIFIC 30 NEEDS. SERVICE NAVIGATION ALSO HELPS THE INDIVIDUAL COORDINATE MULTIPLE 31 SERVICES, OBTAIN NECESSARY ACCOMMODATIONS FOR THEIR DISABILITY, AND 32 SEEKS TO ENSURE THAT THE INDIVIDUAL UNDERSTANDS HOW TO ADVOCATE FOR 33 THEMSELVES IN SOCIAL, EDUCATION, AND EMPLOYMENT SETTINGS. 34 7. "ASSISTIVE TECHNOLOGY" SHALL MEAN ANY ITEM, PIECE OF EQUIPMENT, OR 35 PRODUCT SYSTEM, WHETHER ACQUIRED COMMERCIALLY, MODIFIED, OR CUSTOMIZED, 36 THAT IS USED TO INCREASE, MAINTAIN, OR IMPROVE FUNCTIONAL CAPABILITIES 37 OF INDIVIDUALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS. 38 8. "COMMUNITY-BASED PROGRAMS PROVIDING SUPPORTS AND SERVICES FOR INDI- 39 VIDUALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS" SHALL MEAN A NEW 40 YORK STATE BASED NOT-FOR-PROFIT ORGANIZATION WITH FIVE YEARS OR MORE 41 EXPERIENCE PROVIDING COMMUNITY-BASED SUPPORTS AND SERVICES FOR INDIVID- 42 UALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS. 43 S 4651. PROGRAM FOR COMMUNITY-BASED PROGRAMS PROVIDING SUPPORTS AND 44 SERVICES FOR INDIVIDUALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS TO 45 RE-ENGAGE WITH SCHOOL OR ADULT EDUCATION. 1. THERE IS HEREBY ESTABLISHED 46 UNDER THE EXERCISE OF AUTHORITY AND CONTROL OF THE COMMISSIONER A 47 PROGRAM FOR COMMUNITY-BASED PROGRAMS PROVIDING SUPPORTS AND SERVICES FOR 48 INDIVIDUALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS TO RE-ENGAGE 49 WITH SCHOOL OR ADULT EDUCATION. 50 2. THE PURPOSE OF SUCH PROGRAM AS DESCRIBED IN SUBDIVISION ONE OF THIS 51 SECTION SHALL BE TO PROVIDE SUPPORTS AND SERVICES FOR INDIVIDUALS WITH 52 NEUROLOGICALLY-BASED LEARNING DISORDERS, AS DEFINED IN SECTION 53 FORTY-NINE HUNDRED FIFTY OF THIS ARTICLE, TO ATTAIN NECESSARY SKILLS, 54 AND WHERE POSSIBLE, NECESSARY RESOURCES TO ACHIEVE SUCCESS IN EDUCATION 55 AND EMPLOYMENT. SCHOOL-AGE INDIVIDUALS WITH NEUROLOGICALLY-BASED LEARN- 56 ING DISORDERS WILL RECEIVE NECESSARY SUPPORTS AND SERVICES FOR ACHIEVING A. 9280 3 1 SUCCESS IN PUBLIC OR PRIVATE SCHOOL, WHILE INDIVIDUALS OLDER THAN SCHOOL 2 AGE WILL BE PROVIDED NECESSARY SUPPORTS AND SERVICES FOR SUCH INDIVID- 3 UALS TO ACHIEVE SUCCESS IN ADULT BASIC EDUCATION PROGRAMS, ADULT LITERA- 4 CY PROGRAMS, OR CAREER SCHOOLS. A GOAL FOR ALL SUCH INDIVIDUALS WILL BE 5 LEGAL EMPLOYMENT PAYING MINIMUM WAGE OR BETTER AND IN SETTINGS THAT ARE 6 FULLY INTEGRATED WITH PERSONS WITH NO IDENTIFIED DISABILITIES. 7 3. COMMUNITY-BASED PROGRAMS PROVIDING SUPPORTS AND SERVICES FOR INDI- 8 VIDUALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS WILL BE ELIGIBLE TO 9 RECEIVE FUNDING PURSUANT TO THIS ACT FOR THE PURPOSES OF PROVIDING 10 SUPPORTS AND SERVICES DESCRIBED IN THIS SECTION FOR INDIVIDUALS WITH 11 NEUROLOGICALLY-BASED LEARNING DISORDERS. 12 4. COMMUNITY-BASED PROGRAMS FUNDED PURSUANT TO THIS SECTION WILL: 13 (A) ESTABLISH THAT INDIVIDUALS MEET THE DEFINITION OF "INDIVIDUAL WITH 14 NEUROLOGICALLY-BASED LEARNING DISORDERS" IN ORDER TO RECEIVE SUPPORTS 15 AND SERVICES IN ACCORDANCE WITH THIS PROGRAM. FOR PERSONS PRESENTING FOR 16 SERVICES WHO DO NOT MEET THIS DEFINITION, COMMUNITY-BASED PROGRAMS SHALL 17 MAKE REASONABLE EFFORTS TO REFER SUCH INDIVIDUALS TO PROGRAMS THAT MAY 18 BETTER MEET THEIR NEEDS. 19 (B) ASSESS THE FUNCTIONAL, EDUCATIONAL AND VOCATIONAL NEEDS OF 20 ENROLLED INDIVIDUALS IN ACCORDANCE WITH THE PURPOSES OF THIS PROGRAM AS 21 DESCRIBED IN THIS SECTION WITH A WRITTEN NEEDS ASSESSMENT. 22 (C) ASSIST THE INDIVIDUAL IN ACQUIRING NECESSARY DOCUMENTATION TO 23 ESTABLISH THAT SUCH INDIVIDUALS MEET THE DEFINITION OF INDIVIDUAL WITH A 24 NEUROLOGICALLY-BASED LEARNING DISORDER, AND FOR PROVIDING SERVICES AND 25 SUPPORTS AS SPECIFIED IN THE INDIVIDUAL'S EDUCATION AND EMPLOYMENT PLAN. 26 (D) DEVELOP AN INDIVIDUAL EDUCATION AND EMPLOYMENT PLAN FOR EACH INDI- 27 VIDUAL ENROLLED TO RECEIVE SUPPORTS AND SERVICES UNDER THE TERMS OF THIS 28 ARTICLE. SUCH PLAN SHALL HAVE A PRIMARY GOAL OF THE INDIVIDUAL ACHIEVING 29 THE NECESSARY SKILLS AND KNOWLEDGE FOR SUCCESSFUL TRANSITION TO SCHOOL, 30 ADULT EDUCATION OR CAREER TRAINING, AS APPROPRIATE FOR THAT INDIVIDUAL. 31 (E) PROVIDE SUPPORTS AND SERVICES TO ENROLLED INDIVIDUALS IN ACCORD- 32 ANCE WITH THE INDIVIDUAL EDUCATION AND EMPLOYMENT PLAN. SUCH SERVICES 33 SHALL INCLUDE SOFT SKILLS TRAINING AND SERVICE NAVIGATION. SUCH SERVICES 34 MAY ALSO INCLUDE BUT NOT BE LIMITED TO ASSISTIVE TECHNOLOGY, FUNCTIONAL 35 LITERACY INSTRUCTION, SELF ADVOCACY SKILLS TRAINING AND SUCH OTHER 36 SUPPORTS AND SERVICES AS MAY BE SPECIFIED IN THE INDIVIDUAL EDUCATION 37 AND EMPLOYMENT PLAN. 38 (F) UPON COMPLETION OF THIS PROGRAM, COMMUNITY-BASED PROGRAMS WILL 39 REFER INDIVIDUALS TO A SCHOOL, ADULT EDUCATION PROGRAM OR CAREER TRAIN- 40 ING PROGRAM. COMMUNITY-BASED PROGRAMS WILL PROVIDE FOR THE INDIVIDUAL A 41 WRITTEN TRANSITION PLAN IDENTIFYING THE SPECIFIC ACTIONS THE INDIVIDUAL 42 MUST DO TO SUCCESSFULLY TRANSITION TO THE EDUCATIONAL PROGRAM. COMMUNI- 43 TY-BASED PROGRAMS WILL TO THE EXTENT PRACTICABLE ASSIST INDIVIDUALS IN 44 SECURING A SUCCESSFUL TRANSITION. 45 S 2. This act shall take effect one hundred twenty days after it shall 46 have become a law.