Bill Text: NY A06881 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to committees on preschool special education and the requirement that parents attend meetings of the committee.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-07-31 - signed chap.213 [A06881 Detail]

Download: New_York-2013-A06881-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6881--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 23, 2013
                                      ___________
       Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
         Committee on Education -- committee discharged, bill amended,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT  to  amend  the  education  law,  in  relation  to committees on
         preschool special education
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subparagraph 1 of paragraph a of subdivision 3 of section
    2  4410 of the education law, as amended by chapter  378  of  the  laws  of
    3  2007, is amended to read as follows:
    4    (1)  Such  board  shall  ensure  that such committee is composed of at
    5  least the following members: (i) the parents  of  the  preschool  child;
    6  (ii) a regular education teacher of such child, whenever the child is or
    7  may be participating in a regular education environment; (iii) a special
    8  education  teacher  of the child or, if appropriate, a special education
    9  provider of the child; (iv) an appropriate professional employed by  the
   10  school  district who is qualified to provide, or supervise the provision
   11  of, special education, who is knowledgeable about the general curriculum
   12  of the school district and the availability of preschool special  educa-
   13  tion  programs  and  services and other resources in the school district
   14  and the municipality, and who shall serve as chairperson of the  commit-
   15  tee;  (v)  an additional parent of a child with a disability who resides
   16  in the school district or a neighboring school district and whose  child
   17  is  enrolled  in  a  preschool  or  elementary  level education program,
   18  provided that such parent shall not be employed  by  or  under  contract
   19  with the school district or municipality, and provided further that such
   20  additional  parent  shall  not  be  a  required  member  [if] UNLESS the
   21  parents, OR A MEMBER OF THE COMMITTEE ON  PRESCHOOL  SPECIAL  EDUCATION,
   22  request  that such additional parent member [not] participate IN ACCORD-
   23  ANCE WITH THIS SUBPARAGRAPH; (vi) an individual who  can  interpret  the
   24  instructional  implications  of  evaluation  results, provided that such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10452-02-3
       A. 6881--A                          2
    1  individual may be the member appointed pursuant to clause  (ii),  (iii),
    2  (iv) or (vii) of this subparagraph where such individuals are determined
    3  by  the  school  district  to have the knowledge and expertise to do so;
    4  (vii)  such  other  persons  having knowledge or expertise regarding the
    5  child as the board  or  the  parents  shall  designate,  to  the  extent
    6  required  under federal law; and for a child in transition from programs
    7  and services provided pursuant to applicable federal  laws  relating  to
    8  early  intervention  services, at the request of the parent or person in
    9  parental relation to the child, the appropriate professional  designated
   10  by  the  agency  that  has  been charged with the responsibility for the
   11  preschool child pursuant to said applicable federal laws.  In  addition,
   12  the chief executive officer of the municipality of the preschool child's
   13  residence  shall  appoint an appropriately certified or licensed profes-
   14  sional to the committee. Attendance of the appointee of the municipality
   15  shall not be required for a quorum.  THE ADDITIONAL PARENT NEED  NOT  BE
   16  IN  ATTENDANCE  AT  ANY  MEETING  OF  THE COMMITTEE ON PRESCHOOL SPECIAL
   17  EDUCATION UNLESS SPECIFICALLY REQUESTED IN WRITING, AT LEAST SEVENTY-TWO
   18  HOURS PRIOR TO SUCH MEETING, BY THE PARENTS OR OTHER PERSON IN  PARENTAL
   19  RELATION  TO  THE  STUDENT  IN  QUESTION OR A MEMBER OF THE COMMITTEE ON
   20  PRESCHOOL SPECIAL  EDUCATION.    THE  PARENTS  OR  PERSONS  IN  PARENTAL
   21  RELATION  OF THE STUDENT IN QUESTION SHALL RECEIVE PROPER WRITTEN NOTICE
   22  OF THEIR RIGHT TO HAVE AN ADDITIONAL PARENT ATTEND ANY  MEETING  OF  THE
   23  COMMITTEE  REGARDING THE STUDENT ALONG WITH A STATEMENT, PREPARED BY THE
   24  DEPARTMENT, EXPLAINING THE ROLE OF HAVING THE ADDITIONAL  PARENT  ATTEND
   25  THE MEETING.
   26    S  2.  This act shall take effect immediately; provided, however, that
   27  the amendments to subparagraph (1) of paragraph a of  subdivision  3  of
   28  section  4410 of the education law made by section one of this act shall
   29  not affect the expiration of such subparagraph and shall  be  deemed  to
   30  expire therewith.