Bill Text: NY A07786 | 2013-2014 | General Assembly | Amended

New York Assembly Bill 7786 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Requires parental appeal of placement and educational program to be provided to a child with a handicapping condition to be determined within 90 days; requires continued implementation of a unilateral parental placement, once such a placement has been judged to be appropriate.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2014-01-08 - referred to education [A07786 Detail]

Download: New_York-2013-A07786-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7786--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 4, 2013
                                      ___________
       Introduced by M. of A. WEINSTEIN, SILVER, CYMBROWITZ, GOLDFEDER, HIKIND,
         JACOBS,  KELLNER,  LENTOL,  SIMANOWITZ,  TITONE,  WEISENBERG,  WEPRIN,
         TITUS, BRENNAN -- 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 determinations of
         appropriate educational programs for certain students
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Item (i) of clause (b) of subparagraph 3 of paragraph b of
    2  subdivision 1 of section 4402 of the education law, as amended by  chap-
    3  ter 378 of the laws of 2007, is amended to read as follows:
    4    (i) Make recommendations based upon a written evaluation setting forth
    5  the  reasons for the recommendations, to the child's parent or person in
    6  parental relation and board of education or trustees as  to  appropriate
    7  educational  programs and placement in accordance with the provisions of
    8  subdivision six of section forty-four hundred one-a of this article, and
    9  as to the advisability of continuation, modification, or termination  of
   10  special  class or program placements which evaluation shall be furnished
   11  to the child's parent or person in parental relation together  with  the
   12  recommendations  provided,  however  that  the committee may recommend a
   13  placement in a school which uses psychotropic drugs only if such  school
   14  has  a  written  policy  pertaining  to such use that is consistent with
   15  subdivision four-a of section thirty-two hundred eight of  this  chapter
   16  and that the parent or person in parental relation is given such written
   17  policy  at  the time such recommendation is made. If such recommendation
   18  is not acceptable to the parent or person  in  parental  relation,  such
   19  parent  or person in parental relation may appeal such recommendation as
   20  provided for in section forty-four hundred four of this [chapter]  ARTI-
   21  CLE.  PROVIDED,  FURTHER,  THAT A PARENT'S APPEAL OF SUCH RECOMMENDATION
   22  SHALL BE RESOLVED, EITHER THROUGH THE GRANTING OR DENIAL OF  THE  APPEAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11316-06-3
       A. 7786--A                          2
    1  BY  AN  IMPARTIAL HEARING OFFICER, OR THE SIGNING OF A SETTLEMENT AGREE-
    2  MENT BETWEEN THE PARENT OR PERSON IN PARENTAL RELATION AND THE BOARD  OF
    3  EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT OR A STATE AGENCY, WITHIN ANY
    4  APPLICABLE TIME PERIODS PRESCRIBED BY FEDERAL LAW.
    5    UPON  THE  SIGNING OF A WRITTEN SETTLEMENT AGREEMENT BETWEEN A CHILD'S
    6  PARENT OR PERSON IN PARENTAL RELATION AND  THE  BOARD  OF  EDUCATION  OR
    7  TRUSTEES OF A SCHOOL DISTRICT OR A STATE AGENCY, OR THE DECISION, ORDER,
    8  OR  JUDGMENT  OF AN IMPARTIAL HEARING OFFICER, STATE REVIEW OFFICER OR A
    9  COURT FINDING THAT A UNILATERAL PARENTAL PLACEMENT WAS  APPROPRIATE  AND
   10  THAT TUITION PAYMENT SHOULD BE GRANTED FOR SUCH UNILATERAL PLACEMENT, AS
   11  PROVIDED BY SECTION 1412(A)(10)(C) OF TITLE 20 OF THE UNITED STATES CODE
   12  AND THE IMPLEMENTING FEDERAL REGULATIONS, THE AMOUNT OF SUCH PAYMENT AND
   13  THE  TIME LINE OR SCHEDULE FOR MAKING SUCH PAYMENT SHALL BE SET FORTH IN
   14  ANY SUCH SETTLEMENT OR DECISION, ORDER, OR JUDGMENT.
   15    S 2. Paragraph a of subdivision 1 of section 4404 of the education law
   16  is amended by adding a new closing paragraph to read as follows:
   17    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO  THE
   18  CONTRARY,  UPON  THE SIGNING OF A WRITTEN SETTLEMENT AGREEMENT BETWEEN A
   19  CHILD'S PARENT OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION
   20  OR TRUSTEES OF A SCHOOL DISTRICT OR A STATE AGENCY, OR THE  DECISION  OF
   21  AN  IMPARTIAL  HEARING  OFFICER, STATE REVIEW OFFICER OR A COURT FINDING
   22  THAT A UNILATERAL PARENTAL PLACEMENT WAS APPROPRIATE  AND  THAT  TUITION
   23  PAYMENT  SHOULD  BE  GRANTED FOR SUCH UNILATERAL PLACEMENT, SUCH TUITION
   24  PAYMENT  SHALL CONTINUE IN FUTURE YEARS, AT THE SAME PERCENTAGE  OF  THE
   25  TOTAL  TUITION  COST AS THE PREVIOUS YEAR'S PAYMENT, UNTIL THE COMMITTEE
   26  ON SPECIAL EDUCATION DETERMINES THE CHILD'S NEEDS CAN BE MET IN  ANOTHER
   27  PUBLIC  OR APPROVED PRIVATE SCHOOL PROGRAM AND REVISES THE CHILD'S INDI-
   28  VIDUALIZED EDUCATION  PROGRAM  TO  RECOMMEND  SUCH  PLACEMENT;  PROVIDED
   29  HOWEVER  THAT  WHERE  THE PARENT OR PERSON IN PARENTAL RELATION BRINGS A
   30  DUE PROCESS PROCEEDING TO CHALLENGE SUCH REVISED PLACEMENT, THE  UNILAT-
   31  ERAL  PARENTAL  PLACEMENT FOR WHICH TUITION PAYMENT WAS GRANTED SHALL BE
   32  THE PENDENCY PLACEMENT, AS  PROVIDED  IN  SUBDIVISION  FOUR  OF  SECTION
   33  FORTY-FOUR HUNDRED FOUR OF THIS ARTICLE.
   34    S  3.  This act shall take effect immediately; provided, however, that
   35  the amendments to clause (b) of subparagraph 3 of paragraph b of  subdi-
   36  vision  1  of  section 4402 of the education law, made by section one of
   37  this act, shall not affect the  expiration  of  such  clause  and  shall
   38  expire  therewith; provided, further, that the amendments to subdivision
   39  1 of section 4404 of the education law, made by section two of this act,
   40  shall not affect the expiration of such  subdivision  and  shall  expire
   41  therewith.