Bill Text: NY A08121 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the state to provide services and programs to disabled students at the same level as required by the federal government.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-07-11 - enacting clause stricken [A08121 Detail]
Download: New_York-2011-A08121-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8121
2011-2012 Regular Sessions
I N A S S E M B L Y
June 2, 2011
___________
Introduced by M. of A. HOYT -- read once and referred to the Committee
on Education
AN ACT relating to authorizing the state of New York to provide special
education programs or services to students with disabilities at the
same level as required by the federal government
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Notwithstanding any other provisions of law, rule or regu-
2 lation to the contrary, all school districts shall be required to
3 conform with all federal laws and regulations relating to special educa-
4 tion programs and services to be provided to students with disabilities.
5 No state law or regulation shall impose any additional mandate or proce-
6 dural requirement for special education students on school districts
7 except as provided in section two of this act.
8 S 2. There shall be an advisory committee established to review the
9 current laws and regulations of the state of New York relating to
10 special education. The advisory committee shall consist of represen-
11 tatives of parents, teachers, principals, superintendents of schools,
12 school boards, school district and board of cooperative educational
13 services officials and other interested parties, as determined by the
14 commissioner of education. The advisory committee shall review New York
15 state laws and regulations relating to special education which are in
16 effect on the date upon which this act is signed into law. The advisory
17 committee shall consider the programmatic impact, educational impact,
18 financial impact and other impacts as the committee deems necessary of
19 each law and regulation relating to special education. The advisory
20 committee shall take into account the impacts of such laws and regu-
21 lations to make an evaluation of each state law and regulation above the
22 federal level and recommend which laws and/or regulations should remain
23 in effect after July 1, 2013. Upon such recommendation, the department
24 of education shall submit to the legislature on or before January 1,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11874-01-1
A. 8121 2
1 2013, a report outlining the laws recommended by the advisory committee
2 to remain in effect above the level required by the federal government.
3 The legislature shall take action to exempt such laws from section one
4 of this act. Any such state law relating to special education programs
5 and services to be provided to students with disabilities not renewed by
6 the legislature on or before June 30, 2011 shall be deemed repealed
7 subject to section one of this act. The addition, amendment and/or
8 repeal of any rule or regulation necessary for the implementation of the
9 advisory committee's recommendations are authorized and directed to be
10 made and completed by the commissioner of education on or before June
11 30, 2011.
12 S 3. This act shall take effect immediately; provided that section one
13 of this act shall take effect July 1, 2013.
