Bill Text: NY A10722 | 2011-2012 | General Assembly | Amended

New York Assembly Bill 10722 (Prior Session Legislation)

Bill Title: Relates to determinations of appropriate educational programs for certain students.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2012-06-21 - substituted by s7722a [A10722 Detail]

Download: New_York-2011-A10722-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                       10722--A
                                 I N  A S S E M B L Y
                                     June 17, 2012
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
         -- 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. Subclause (i) of clause (b) of subparagraph 3 of paragraph
    2  b of subdivision 1 of section 4402 of the education law, as  amended  by
    3  chapter 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. THE DETERMINATION OF
   18  APPROPRIATE EDUCATIONAL PROGRAMS AND PLACEMENTS SHALL  INCLUDE,  UPON  A
   19  REQUEST  BY  A CHILD'S PARENT OR PERSON IN PARENTAL RELATION, A DETERMI-
   20  NATION OF THE CHILD'S ABILITY TO LEARN IN ANY GIVEN EDUCATIONAL ENVIRON-
   21  MENT. SUCH DETERMINATION SHALL TAKE INTO  ACCOUNT  ANY  POSSIBLE  EDUCA-
   22  TIONAL IMPACT DIFFERENCES BETWEEN THE SCHOOL ENVIRONMENT AND THE CHILD'S
   23  HOME  ENVIRONMENT  AND FAMILY BACKGROUND MAY HAVE ON THE CHILD'S ABILITY
   24  TO RECEIVE A FREE APPROPRIATE PUBLIC EDUCATION. SUCH DETERMINATION SHALL
   25  INCLUDE DOCUMENTATION AS TO  WHETHER  THESE  FACTORS  WOULD  AFFECT  THE
   26  CHILD'S  ABILITY  TO  LEARN. If such recommendation is not acceptable to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16310-07-2
       A. 10722--A                         2
    1  the parent or person in parental relation,  such  parent  or  person  in
    2  parental  relation  may  appeal  such  recommendation as provided for in
    3  section forty-four hundred four of this  [chapter]  ARTICLE.    PROVIDED
    4  FURTHER THAT PURSUANT TO SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE
    5  A  SCHOOL  DISTRICT  SHALL  GRANT OR DENY A PARENT'S REQUEST FOR TUITION
    6  REIMBURSEMENT WITHIN NINETY DAYS FROM THE DATE SUCH REQUEST IS RECEIVED.
    7  IF THE SCHOOL DISTRICT GRANTS THE  REQUEST  FOR  TUITION  REIMBURSEMENT,
    8  SUCH  TUITION REIMBURSEMENT MUST BE PROVIDED WITHIN THIRTY DAYS FROM THE
    9  DATE THE REQUEST WAS GRANTED.
   10    S 2. Paragraph a of subdivision 1 of section 4404 of the education law
   11  is amended by adding a new closing paragraph to read as follows:
   12    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO  THE
   13  CONTRARY,  UPON  A WRITTEN SETTLEMENT AGREEMENT BETWEEN A CHILD'S PARENT
   14  OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OR TRUSTEES OF
   15  A SCHOOL DISTRICT OR A STATE AGENCY, OR THE  DECISION  OF  AN  IMPARTIAL
   16  HEARING  OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILAT-
   17  ERAL PARENTAL PLACEMENT WAS APPROPRIATE AND THAT  TUITION  REIMBURSEMENT
   18  SHOULD BE GRANTED FOR SUCH UNILATERAL PLACEMENT, SUCH TUITION REIMBURSE-
   19  MENT  SHALL  CONTINUE UNTIL THE COMMITTEE ON SPECIAL EDUCATION AMENDS OR
   20  MODIFIES THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM.
   21    S 3. This act shall take effect immediately;  provided,  however,  the
   22  amendments to clause (b) of subparagraph 3 of paragraph b of subdivision
   23  1  of  section 4402 of the education law made by section one of this act
   24  shall not affect the expiration of such clause and shall  be  deemed  to
   25  expire  therewith;  provided, further, however, that the amendments made
   26  to subdivision 1 of section 4404 of the education law  made  by  section
   27  two  of this act shall not affect the expiration of such subdivision and
   28  shall be deemed to expire therewith.