Bill Text: NY A07956 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires school districts to provide special education and related services to certain students exceeding age of twenty-one.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to education [A07956 Detail]

Download: New_York-2021-A07956-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7956

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      June 2, 2021
                                       ___________

        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Education

        AN  ACT  in  relation  to  requiring school districts to provide special
          education and related services to certain students exceeding age of 21

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  As  a result of the coronavirus (COVID-19) pandemic, many
     2  students with disabilities lost educational  opportunities  and  related
     3  services.  Many suffered significant learning loss or regressed and many
     4  never received transition services. Thus, it is  appropriate  that  each
     5  New  York  school  district  assess  each student with a disability and,
     6  where appropriate, provide needed special education and support services
     7  according to the student's Individualized Education Program (IEP).
     8    § 2. Notwithstanding any provision of law, rule or regulation  to  the
     9  contrary,  including  subdivision 1 of section 4401 of the education law
    10  concerning the maximum age of  eligibility  for  special  education  and
    11  related  services,  each  New York school district shall comply with the
    12  following.
    13    a. For a student with disabilities who attained the age of  21  during
    14  the  2019-2020  or 2020-2021 school years, each New York school district
    15  (1) shall immediately convene a meeting  of  the  committee  on  special
    16  education  with  the  parent  of  the  student  to determine whether the
    17  student requires compensatory special  education  and  related  services
    18  contained  in  the  student's  individualized  education plan due to the
    19  failure to implement services  in  the  individualized  education  plan,
    20  regression  and/or  learning  loss;  and,  (2)  shall  provide  any such
    21  required compensatory special education  and  related  services  in  the
    22  2021-2022  school  year  (commencing  July 1, 2021) if the parent of the
    23  student in conjunction with the committee on  special  education  deter-
    24  mines  that  the  student  requires  such  special education and related
    25  services. A student may receive such  education  and  related  services,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11758-02-1
        A. 7956                             2

     1  including   transition  services,  regardless  of  whether  the  student
     2  received a diploma but shall not be eligible to receive  such  education
     3  and  services  beyond  June  30,  2022,  unless  otherwise provided in a
     4  student's individualized education program.
     5    b.  For  a student with disabilities who attained the age of 21 during
     6  the 2021-2022 school year, each New York school district (1) shall imme-
     7  diately convene a meeting of the committee on special education with the
     8  parent of the student to determine whether the student requires  compen-
     9  satory special education and related services contained in the student's
    10  individualized  education  program  due  to  the  failure  to  implement
    11  services in the  individualized  education  program,  regression  and/or
    12  learning  loss;  and,  (2)  shall provide any such required compensatory
    13  special education and related services  in  the  2021-2022  school  year
    14  (commencing  July 1, 2021) and, if necessary, in the 2022-23 school year
    15  (commencing July 1, 2022), if the parent of the student  in  conjunction
    16  with  the  committee  on  special  education determines that the student
    17  requires such special education and  related  services.  A  student  may
    18  receive  such  education  and  related  services,  including  transition
    19  services, regardless of whether the student received a diploma but shall
    20  not be eligible to receive such education and services beyond  June  30,
    21  2023,  unless otherwise provided in a student's individualized education
    22  program.
    23    c. As used in this section, "parent" means  the  natural  or  adoptive
    24  parent,  the  legal  guardian, resource family parent when willing to so
    25  serve, a surrogate parent, or a person acting in the place of a  parent,
    26  such  as  a  grandparent  or stepparent with whom the student lives or a
    27  person legally responsible for the student's welfare. Parent shall  also
    28  include  an  adult  student  who  has attained the age of 18, who is not
    29  under legal guardianship, and who is entitled to receive special  educa-
    30  tion and related services.
    31    d. A student receiving special education and related services pursuant
    32  to this section shall be afforded the same rights, privileges, and reme-
    33  dies provided to students with disabilities pursuant to state law, State
    34  Education  Department  regulations concerning special education, and the
    35  federal "Individuals with Disabilities Education Act", 20 U.S.C.  s.1400
    36  et seq.
    37    § 3. This act shall take effect immediately.