Bill Text: NY S01993 | 2023-2024 | General Assembly | Introduced

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

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Bill Title: Relates to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-05-13 - REPORTED AND COMMITTED TO NEW YORK CITY EDUCATION [S01993 Detail]

Download: New_York-2023-S01993-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1993

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 18, 2023
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Disabilities

        AN ACT to amend the education law,  in  relation  to  determinations  of
          appropriate  educational  programs  for  certain  students in a school
          district in a city having a population of one million or more

          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  in a school district in a city having a
    22  population of one million or more a parent's appeal of such  recommenda-
    23  tion  shall  be  resolved,  either through the granting or denial of the
    24  appeal by an impartial hearing officer, or by a state review officer, or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05377-01-3
        S. 1993                             2

     1  the signing of a settlement agreement between the parent  or  person  in
     2  parental  relation  and the board of education of the school district in
     3  the city having a population of one million or more or a  state  agency,
     4  within any applicable time periods prescribed by federal law.  Provided,
     5  further,  that  nothing  in  this  item  shall be deemed to prohibit any
     6  parent or the school district from seeking judicial review by any  court
     7  of competent jurisdiction.
     8    Upon  the  signing of a written settlement agreement between a child's
     9  parent or person in parental relation and the board of education of  the
    10  school  district in a city having a population of one million or more or
    11  a state agency, or the decision, order,  or  judgment  of  an  impartial
    12  hearing  officer, state review officer or a court finding that a unilat-
    13  eral parental placement was appropriate and that tuition payment  should
    14  be  granted  for  such  unilateral  placement,  as  provided  by section
    15  1412(a)(10)(c) of title 20 of the United States Code and the  implement-
    16  ing federal regulations, the amount of such payment and the time line or
    17  schedule  for making such payment shall be set forth in any such settle-
    18  ment or decision, order, or judgment, and such payment shall be made  in
    19  strict accordance with such timeline.
    20    §  2.  Section  4403  of  the education law is amended by adding a new
    21  subdivision 22 to read as follows:
    22    22. To provide for a special education monitor in a school district in
    23  a city having a population of one  million  or  more  appointed  by  the
    24  commissioner.  Such  special  education  monitor  shall  ensure that the
    25  implementation of any settlement, decision, order, or judgment, pursuant
    26  to item (i) of clause (b) of subparagraph three of paragraph b of subdi-
    27  vision one of section fourty-four hundred two of this article, is timely
    28  implemented. Such special  education  monitor  shall  be  empowered  and
    29  directed  to take all actions necessary to effectuate such timely imple-
    30  mentation, including, but not limited to, reviewing, evaluating, examin-
    31  ing into, inspecting and auditing such district's  implementation  poli-
    32  cies,  procedures, practices, protocols, and systems, and compelling any
    33  changes to such policies, procedures, practices, protocols, and  systems
    34  that  the special education monitor deems necessary to ensure compliance
    35  with such timeline or schedule. The special education monitor  shall  be
    36  empowered  to  direct  and compel such district to implement immediately
    37  any such settlement, decision, order or judgement in accordance with the
    38  timelines established by this article. And it is further  provided  that
    39  if  such  district  fails  to  make  any payment at the direction of the
    40  special education monitor, the commissioner shall, in his  or  her  sole
    41  discretion:  (a)  withhold  from  such  district its share of the public
    42  money of the state pursuant to section three hundred six of  this  chap-
    43  ter;  (b)  withhold  from such district all or a portion of its share of
    44  funds allocated to it pursuant to 20 U.S.C. sections 1411  and  1413  of
    45  the  individuals  with disabilities act; (c) report such district's non-
    46  compliance to the United States department of education;  and  (d)  take
    47  any  other  action  the  commissioner  deems appropriate pursuant to the
    48  powers vested in the commissioner by this chapter.
    49    § 3. Paragraph a of subdivision 1 of section 4404 of the education law
    50  is amended by adding a new closing paragraph to read as follows:
    51    Notwithstanding any other provision of law, rule or regulation to  the
    52  contrary,  in  a  school  district  in a city having a population of one
    53  million or more, upon the settlement of an impartial hearing  or  appeal
    54  therefrom,  or  upon the decision of an impartial hearing officer, state
    55  review officer or a court finding that a unilateral  parental  placement
    56  was  appropriate  and  that  tuition  payment and any other services and
        S. 1993                             3

     1  costs should be granted for such unilateral placement,  such  settlement
     2  agreement,  decision,  order or judgment shall continue in future years,
     3  at the same percentage of the total tuition, services, and costs as  the
     4  previous year's payment, until the committee on special education deter-
     5  mines the child's needs can be met in another public or approved private
     6  school  program and revises the child's individualized education program
     7  to recommend such placement; provided however that where the  parent  or
     8  person in parental relation brings a due process proceeding to challenge
     9  such  revised  placement,  the  unilateral  parental placement for which
    10  tuition payment and any other services or costs were granted or  settled
    11  upon,  shall  be the pendency placement, as provided in subdivision four
    12  of this section.
    13    § 4. This act shall take effect immediately; provided,  however,  that
    14  the  amendments to clause (b) of subparagraph 3 of paragraph b of subdi-
    15  vision 1 of section 4402 of the education law, made by  section  one  of
    16  this  act,  shall  not  affect  the  expiration of such clause and shall
    17  expire therewith; provided, further, that the amendments to  subdivision
    18  1  of  section  4404 of the education law, made by section three of this
    19  act, shall not affect the  expiration  of  such  subdivision  and  shall
    20  expire therewith.