Bill Text: NY A06977 | 2015-2016 | 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 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to education [A06977 Detail]
Download: New_York-2015-A06977-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6977
2015-2016 Regular Sessions
I N A S S E M B L Y
April 16, 2015
___________
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. PILOT FOR COMMUNITY-BASED PROGRAMS PROVIDING SUPPORTS AND
7 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09047-01-5
A. 6977 2
1 3. "INDIVIDUAL WITH NEUROLOGICALLY-BASED LEARNING DISORDERS" ("INDI-
2 VIDUAL") SHALL MEAN AN INDIVIDUAL, AGE SEVENTEEN OR OLDER, WITH A DIAG-
3 NOSED OR SUSPECTED NEUROLOGICALLY-BASED LEARNING DISORDER OR A RELATED
4 NEUROLOGICAL IMPAIRMENT WHO IS NOT ENROLLED IN SCHOOL, AN ADULT BASIS
5 EDUCATION PROGRAM, A HIGH SCHOOL EQUIVALENCY DIPLOMA PROGRAM OR A CAREER
6 SCHOOL; OR AN INDIVIDUAL WITH A DIAGNOSED OR SUSPECTED
7 NEUROLOGICALLY-BASED LEARNING DISORDER OR RELATED NEUROLOGICAL IMPAIR-
8 MENT ENROLLED IN AN ADULT BASIC EDUCATION PROGRAM, A HIGH SCHOOL EQUIV-
9 ALENCY DIPLOMA PROGRAM, A CAREER SCHOOL OR SIMILAR EDUCATIONAL PROGRAM
10 BUT WHO IS NOT DEMONSTRATING A LEVEL OF SUCCESS WITH SUCH PROGRAM THAT
11 WOULD LIKELY LEAD TO GRADUATION OR SUCCESSFUL COMPLETION.
12 4. "INDIVIDUAL EDUCATION AND EMPLOYMENT PLAN" SHALL MEAN A PERSON-CEN-
13 TERED WRITTEN DOCUMENT DEVELOPED BY A COMMUNITY-BASED PROGRAM PROVIDING
14 SUPPORTS AND SERVICES FOR AN INDIVIDUAL WITH A NEUROLOGICALLY-BASED
15 LEARNING DISORDER, DEVELOPED WITH THE PARTICIPATION OF THAT INDIVIDUAL.
16 SUCH PLAN SHALL INCLUDE A STATEMENT OF THE INDIVIDUAL'S CURRENT LEVEL OF
17 ACADEMIC ACHIEVEMENT; A DESCRIPTION OF HOW THE INDIVIDUAL'S DISABILITY
18 AND LEARNING STYLE AFFECTS HIS OR HER PARTICIPATION IN THEIR DESIRED
19 EDUCATIONAL PROGRAM; A STATEMENT OF MEASURABLE GOALS, INCLUDING FUNC-
20 TIONAL, EDUCATIONAL AND CAREER GOALS; A STATEMENT DESCRIBING THE
21 SUPPORTS AND SERVICES TO BE PROVIDED TO SUCH INDIVIDUAL BY THE COMMUNI-
22 TY-BASED PROGRAM IN ORDER TO MEET THOSE GOALS; AND A STATEMENT OF EDUCA-
23 TIONAL ACCOMMODATIONS AND MODIFICATIONS REQUIRED BY THE INDIVIDUAL TO
24 ACHIEVE SUCCESS IN HIS OR HER DESIRED EDUCATIONAL PROGRAM, WHICH MAY
25 INCLUDE ASSISTIVE TECHNOLOGY.
26 5. "SOFT SKILLS" SHALL MEAN PERSONAL ATTRIBUTES THAT ENHANCE AN INDI-
27 VIDUAL'S SOCIAL INTERACTIONS, EDUCATIONAL ACHIEVEMENT, JOB PERFORMANCE
28 AND CAREER PROSPECTS.
29 6. "SERVICE NAVIGATION" SHALL MEAN SERVICES THAT IDENTIFY COMMUNITY
30 RESOURCES THAT COULD BENEFIT THE INDIVIDUAL'S QUALITY OF LIFE AND EDUCA-
31 TIONAL AND EMPLOYMENT GOALS BY TARGETING THE SPECIFIC COMMUNITY AGENCIES
32 AND ORGANIZATIONS THAT WILL HELP INDIVIDUALS ATTAIN THEIR SPECIFIC
33 NEEDS. SERVICE NAVIGATION ALSO HELPS THE INDIVIDUAL COORDINATE MULTIPLE
34 SERVICES, OBTAIN NECESSARY ACCOMMODATIONS FOR THEIR DISABILITY, AND
35 SEEKS TO ENSURE THAT THE INDIVIDUAL UNDERSTANDS HOW TO ADVOCATE FOR
36 THEMSELVES IN SOCIAL, EDUCATION, AND EMPLOYMENT SETTINGS.
37 7. "ASSISTIVE TECHNOLOGY" SHALL MEAN ANY ITEM, PIECE OF EQUIPMENT, OR
38 PRODUCT SYSTEM, WHETHER ACQUIRED COMMERCIALLY, MODIFIED, OR CUSTOMIZED,
39 THAT IS USED TO INCREASE, MAINTAIN, OR IMPROVE FUNCTIONAL CAPABILITIES
40 OF INDIVIDUALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS.
41 8. "COMMUNITY-BASED PROGRAMS PROVIDING SUPPORTS AND SERVICES FOR INDI-
42 VIDUALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS" SHALL MEAN A NEW
43 YORK STATE BASED NOT-FOR-PROFIT ORGANIZATION WITH FIVE YEARS OR MORE
44 EXPERIENCE PROVIDING COMMUNITY-BASED SUPPORTS AND SERVICES FOR INDIVID-
45 UALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS.
46 S 4651. PILOT FOR COMMUNITY-BASED PROGRAMS PROVIDING SUPPORTS AND
47 SERVICES FOR INDIVIDUALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS TO
48 RE-ENGAGE WITH SCHOOL OR ADULT EDUCATION. 1. THERE IS HEREBY ESTABLISHED
49 UNDER THE EXERCISE OF AUTHORITY AND CONTROL OF THE COMMISSIONER A
50 PROGRAM FOR COMMUNITY-BASED PROGRAMS PROVIDING SUPPORTS AND SERVICES FOR
51 INDIVIDUALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS TO RE-ENGAGE
52 WITH SCHOOL OR ADULT EDUCATION.
53 2. THE PURPOSE OF SUCH PILOT PROGRAM AS DESCRIBED IN SUBDIVISION ONE
54 OF THIS SECTION SHALL BE TO PROVIDE SUPPORTS AND SERVICES FOR INDIVID-
55 UALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS, AS DEFINED IN SECTION
56 FORTY-NINE HUNDRED FIFTY OF THIS ARTICLE, TO ATTAIN NECESSARY SKILLS,
A. 6977 3
1 AND WHERE POSSIBLE, NECESSARY RESOURCES TO ACHIEVE SUCCESS IN EDUCATION
2 AND EMPLOYMENT. SCHOOL-AGE INDIVIDUALS WITH NEUROLOGICALLY-BASED LEARN-
3 ING DISORDERS WILL RECEIVE NECESSARY SUPPORTS AND SERVICES FOR ACHIEVING
4 SUCCESS IN PUBLIC OR PRIVATE SCHOOL, WHILE INDIVIDUALS OLDER THAN SCHOOL
5 AGE WILL BE PROVIDED NECESSARY SUPPORTS AND SERVICES FOR SUCH INDIVID-
6 UALS TO ACHIEVE SUCCESS IN ADULT BASIC EDUCATION PROGRAMS, ADULT LITERA-
7 CY PROGRAMS, OR CAREER SCHOOLS. A GOAL FOR ALL SUCH INDIVIDUALS WILL BE
8 LEGAL EMPLOYMENT PAYING MINIMUM WAGE OR BETTER AND IN SETTINGS THAT ARE
9 FULLY INTEGRATED WITH PERSONS WITH NO IDENTIFIED DISABILITIES.
10 3. PILOT FOR COMMUNITY-BASED PROGRAMS PROVIDING SUPPORTS AND SERVICES
11 FOR INDIVIDUALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS WILL BE
12 ELIGIBLE TO RECEIVE FUNDING PURSUANT TO THIS ACT FOR THE PURPOSES OF
13 PROVIDING SUPPORTS AND SERVICES DESCRIBED IN THIS SECTION FOR INDIVID-
14 UALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS.
15 4. PILOT FOR COMMUNITY-BASED PROGRAMS FUNDED PURSUANT TO THIS SECTION
16 WILL:
17 (A) ESTABLISH THAT INDIVIDUALS MEET THE DEFINITION OF "INDIVIDUAL WITH
18 NEUROLOGICALLY-BASED LEARNING DISORDERS" IN ORDER TO RECEIVE SUPPORTS
19 AND SERVICES IN ACCORDANCE WITH THIS PROGRAM. FOR PERSONS PRESENTING FOR
20 SERVICES WHO DO NOT MEET THIS DEFINITION, COMMUNITY-BASED PROGRAMS SHALL
21 MAKE REASONABLE EFFORTS TO REFER SUCH INDIVIDUALS TO PROGRAMS THAT MAY
22 BETTER MEET THEIR NEEDS.
23 (B) ASSESS THE FUNCTIONAL, EDUCATIONAL AND VOCATIONAL NEEDS OF
24 ENROLLED INDIVIDUALS IN ACCORDANCE WITH THE PURPOSES OF THIS PROGRAM AS
25 DESCRIBED IN THIS SECTION WITH A WRITTEN NEEDS ASSESSMENT.
26 (C) ASSIST THE INDIVIDUAL IN ACQUIRING NECESSARY DOCUMENTATION TO
27 ESTABLISH THAT SUCH INDIVIDUALS MEET THE DEFINITION OF INDIVIDUAL WITH A
28 NEUROLOGICALLY-BASED LEARNING DISORDER, AND FOR PROVIDING SERVICES AND
29 SUPPORTS AS SPECIFIED IN THE INDIVIDUAL'S EDUCATION AND EMPLOYMENT PLAN.
30 (D) DEVELOP AN INDIVIDUAL EDUCATION AND EMPLOYMENT PLAN FOR EACH INDI-
31 VIDUAL ENROLLED TO RECEIVE SUPPORTS AND SERVICES UNDER THE TERMS OF THIS
32 ARTICLE. SUCH PLAN SHALL HAVE A PRIMARY GOAL OF THE INDIVIDUAL ACHIEVING
33 THE NECESSARY SKILLS AND KNOWLEDGE FOR SUCCESSFUL TRANSITION TO SCHOOL,
34 ADULT EDUCATION OR CAREER TRAINING, AS APPROPRIATE FOR THAT INDIVIDUAL.
35 (E) PROVIDE SUPPORTS AND SERVICES TO ENROLLED INDIVIDUALS IN ACCORD-
36 ANCE WITH THE INDIVIDUAL EDUCATION AND EMPLOYMENT PLAN. SUCH SERVICES
37 SHALL INCLUDE SOFT SKILLS TRAINING AND SERVICE NAVIGATION. SUCH SERVICES
38 MAY ALSO INCLUDE BUT NOT BE LIMITED TO ASSISTIVE TECHNOLOGY, FUNCTIONAL
39 LITERACY INSTRUCTION, SELF ADVOCACY SKILLS TRAINING AND SUCH OTHER
40 SUPPORTS AND SERVICES AS MAY BE SPECIFIED IN THE INDIVIDUAL EDUCATION
41 AND EMPLOYMENT PLAN.
42 (F) UPON COMPLETION OF THIS PILOT, COMMUNITY-BASED PROGRAMS WILL REFER
43 INDIVIDUALS TO A SCHOOL, ADULT EDUCATION PROGRAM OR CAREER TRAINING
44 PROGRAM. COMMUNITY-BASED PROGRAMS WILL PROVIDE FOR THE INDIVIDUAL A
45 WRITTEN TRANSITION PLAN IDENTIFYING THE SPECIFIC ACTIONS THE INDIVIDUAL
46 MUST DO TO SUCCESSFULLY TRANSITION TO THE EDUCATIONAL PROGRAM. COMMUNI-
47 TY-BASED PROGRAMS WILL TO THE EXTENT PRACTICABLE ASSIST INDIVIDUALS IN
48 SECURING A SUCCESSFUL TRANSITION.
49 S 2. This act shall take effect on the one hundred twentieth day after
50 it shall have become a law.
