Bill Text: NY S05361 | 2013-2014 | General Assembly | Introduced

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Bill Title: Eliminates the requirement for written parental consent prior to initial placement of a student with a disability in a July/August program.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2014-03-25 - referred to education [S05361 Detail]

Download: New_York-2013-S05361-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5361
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 16, 2013
                                      ___________
       Introduced  by Sens. FLANAGAN, FELDER -- read twice and ordered printed,
         and when printed to be committed to the Committee on Education
       AN ACT to amend the  education  law,  in  relation  to  eliminating  the
         requirement for written parental consent prior to initial placement of
         a student with a disability in a July/August program;
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph a of subdivision 2 of section 4402 of the  educa-
    2  tion  law,  as amended by chapter 243 of the laws of 1989, is amended to
    3  read as follows:
    4    a. The board of education or trustees of each school district shall be
    5  required to furnish suitable  educational  opportunities  for  [children
    6  with  handicapping  conditions] STUDENTS WITH DISABILITIES by one of the
    7  special services or  programs  listed  in  subdivision  two  of  section
    8  forty-four hundred one OF THIS ARTICLE. The need of the individual child
    9  shall  determine which of such services shall be rendered. Each district
   10  shall provide to the maximum  extent  appropriate  such  services  in  a
   11  manner  which  enables  [children with handicapping conditions] STUDENTS
   12  WITH DISABILITIES to participate  in  regular  education  services  when
   13  appropriate.  Such  services  or programs shall be furnished between the
   14  months of September and June of each year, except that for the  nineteen
   15  hundred  eighty-seven--eighty-eight  school  year  and  thereafter, with
   16  respect to the students whose [handicapping conditions] DISABILITIES are
   17  severe enough to exhibit the need for a structured learning  environment
   18  of twelve months duration to maintain developmental levels, the board of
   19  education or trustees of each school district upon the recommendation of
   20  the  committee  on  special  education  [and, in the first instance, the
   21  consent of the  parent]  shall  also  provide,  either  directly  or  by
   22  contract,  for the provision of special services and programs as defined
   23  in section forty-four hundred one of this article during the  months  of
   24  July and August as contained in the individualized education program for
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11075-01-3
       S. 5361                             2
    1  each  eligible  [child]  STUDENT, and with prior approval by the commis-
    2  sioner if required; provided that [(i) a  student  with  a  handicapping
    3  condition  who is first eligible to attend public school in the nineteen
    4  hundred  eighty-seven--eighty-eight school year shall not be eligible to
    5  receive services pursuant to this paragraph during the  months  of  July
    6  and  August  nineteen  hundred  eighty-seven  and  (ii) a student with a
    7  handicapping condition who is first eligible to attend public school  in
    8  the  nineteen hundred eighty-eight--eighty-nine school year shall not be
    9  eligible to receive services  pursuant  to  this  paragraph  during  the
   10  months  of  July  and  August  nineteen hundred eighty-eight and (iii) a
   11  student with a handicapping  condition  who  is  eligible  for  services
   12  during the months of July and August nineteen hundred eighty-nine pursu-
   13  ant  to  the provisions of subdivision six of section forty-four hundred
   14  ten of this article shall not be eligible to receive  services  pursuant
   15  to  this paragraph during such months and (iv)] a student with a [handi-
   16  capping condition] DISABILITY who is eligible  for  services,  including
   17  services  during  the  months  of  July  and August, pursuant to section
   18  forty-four hundred ten of this article shall not be eligible to  receive
   19  services  pursuant  to  this  paragraph  during  the  months of July and
   20  August.
   21    S 2. This act shall take effect immediately.