Bill Text: NY S05636 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to the provision of special education programs and services and implementation of the federal individuals with disabilities education improvement act; makes permanent provisions of law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO EDUCATION [S05636 Detail]
Download: New_York-2009-S05636-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5636
2009-2010 Regular Sessions
I N S E N A T E
May 22, 2009
___________
Introduced by Sen. OPPENHEIMER -- (at request of the State Education
Department) -- read twice and ordered printed, and when printed to be
committed to the Committee on Education
AN ACT to amend the education law and the public health law, in relation
to the provision of special education programs and services and imple-
mentation of the federal individuals with disabilities education
improvement act of 2004; to amend chapter 352 of the laws of 2005,
amending the education law relating to implementation of the federal
individuals with disabilities education improvement act of 2004, in
relation to making certain provisions thereof permanent; to amend
chapter 378 of the laws of 2007, amending the education law relating
to implementation of the federal individuals with disabilities educa-
tion improvement act of 2004, in relation to making the provisions
thereof permanent; to repeal subdivision 17 of section 1950 of the
education law relating to development of special education facilities
plans by boards of cooperative educational services, and to repeal
subdivision (a) of section 8 of chapter 430 of the laws of 2006,
amending the education law relating to implementation of the federal
individuals with disabilities education improvement act of 2004, in
relation to making the provisions thereof permanent
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 17 of section 1950 of the education law is
2 REPEALED.
3 S 2. Section 2215 of the education law is amended by adding a new
4 subdivision 17 to read as follows:
5 17. TO DETERMINE THE ADEQUACY AND APPROPRIATENESS OF THE FACILITIES
6 SPACE AVAILABLE TO HOUSE SPECIAL EDUCATION PROGRAMS IN THE GEOGRAPHIC
7 AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CONSISTENT
8 WITH THE LEAST RESTRICTIVE ENVIRONMENT REQUIREMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11770-03-9
S. 5636 2
1 S 3. Subdivision 1 of section 2856 of the education law is amended by
2 adding a new paragraph (d) to read as follows:
3 (D) THE STATE AID ATTRIBUTABLE TO A STUDENT WITH A DISABILITY ATTEND-
4 ING A CHARTER SCHOOL AND PAYABLE IN PROPORTION TO THE LEVEL OF SERVICES
5 THAT THE CHARTER SCHOOL PROVIDES IN ACCORDANCE WITH THIS SUBDIVISION
6 SHALL BE COMPUTED IN THE MANNER PRESCRIBED IN THIS PARAGRAPH.
7 (I) DEFINITIONS. FOR THE PURPOSE OF THIS SUBDIVISION:
8 A. "PUPIL WITH A DISABILITY" SHALL MEAN A PUPIL WITH A DISABILITY AS
9 DEFINED PURSUANT TO CLAUSE ONE OF PARAGRAPH I OF SUBDIVISION ONE OF
10 SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
11 B. "PERIOD OF ENROLLMENT" SHALL MEAN THAT PERIOD COMMENCING ON THE
12 FIRST DAY OF THE SCHOOL YEAR THAT A PUPIL IS ENROLLED IN AND IS PHYS-
13 ICALLY PRESENT AT, OR LEGALLY ABSENT FROM, AN EDUCATIONAL PROGRAM OR
14 SERVICE OF A CHARTER SCHOOL AND ENDING ON THE LAST DAY OF THE SCHOOL
15 YEAR THAT SUCH PUPIL IS SO ENROLLED AND PHYSICALLY PRESENT AT, OR LEGAL-
16 LY ABSENT FROM, SUCH PROGRAM OR SERVICE.
17 C. "ENROLLMENT" FOR EACH CHARTER SCHOOL STUDENT SHALL MEAN THE
18 QUOTIENT, CALCULATED TO THREE DECIMALS WITHOUT ROUNDING, OBTAINED WHEN
19 THE TOTAL NUMBER OF WEEKS OF THE PERIOD OF ENROLLMENT OF SUCH STUDENT IS
20 DIVIDED BY THE TOTAL NUMBER OF WEEKS IN THE FULL SCHOOL YEAR OF THE
21 EDUCATIONAL PROGRAM OR SERVICE OF THE CHARTER SCHOOL. FOR THE PURPOSES
22 OF THIS SECTION, THREE CONSECUTIVE DAYS OF ENROLLMENT WITHIN THE SAME
23 WEEK AND WITHIN THE SAME MONTH SHALL BE THE EQUIVALENT OF ONE WEEK OF
24 ENROLLMENT, PROVIDED THAT NO MORE THAN FOUR WEEKS OF ENROLLMENT MAY BE
25 COUNTED IN ANY CALENDAR MONTH.
26 D. "LEVELS OF SERVICE" SHALL MEAN THE CATEGORIES OF PROGRAMS FOR
27 STUDENTS WITH DISABILITIES SPECIFIED IN CLAUSES (I) AND (II) OF SUBPARA-
28 GRAPH THREE AND SUBPARAGRAPH SIX OF PARAGRAPH I OF SUBDIVISION ONE OF
29 SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER THAT ARE PROVIDED BY THE
30 CHARTER SCHOOL DIRECTLY OR INDIRECTLY.
31 E. "WEIGHTED PUPIL WITH A DISABILITY" SHALL MEAN THE PRODUCT OF THE
32 ENROLLMENT FOR EACH CHARTER SCHOOL STUDENT WITH A DISABILITY MULTIPLIED
33 BY THE SPECIAL SERVICES WEIGHTING WHERE THE SPECIAL SERVICES WEIGHTING
34 FOR ANY PUPIL WITH A LEVEL OF SERVICE SPECIFIED IN CLAUSE (I) OF SUBPAR-
35 AGRAPH THREE OF PARAGRAPH I OF SUBDIVISION ONE OF SECTION THIRTY-SIX
36 HUNDRED TWO OF THIS CHAPTER SHALL BE ONE HUNDRED SIXTY-FIVE PERCENT, AND
37 FOR ANY PUPIL WITH A LEVEL OF SERVICE SPECIFIED IN CLAUSE (II) OF
38 SUBPARAGRAPH THREE OF PARAGRAPH I OF SUBDIVISION ONE OF SECTION THIRTY-
39 SIX HUNDRED TWO OF THIS CHAPTER SHALL BE NINETY PERCENT. THE WEIGHTING
40 FOR A PUPIL WITH A LEVEL OF SERVICE THAT MEETS THE DEFINITION OF AN
41 INTEGRATED SETTINGS WEIGHTED PUPILS WITH DISABILITIES AS DEFINED PURSU-
42 ANT TO SUBPARAGRAPH SIX OF PARAGRAPH I OF SUBDIVISION ONE OF SECTION
43 THIRTY-SIX HUNDRED TWO OF THIS CHAPTER SHALL BE INCREASED BY AN ADDI-
44 TIONAL FIFTY PERCENT.
45 F. "ADJUSTED EXPENSE PER PUPIL WITH A DISABILITY" SHALL MEAN THE PROD-
46 UCT OF (I) THE TWO THOUSAND FOUR--TWO THOUSAND FIVE APPROVED OPERATING
47 EXPENSE PER PUPIL FOR TWO THOUSAND SIX--TWO THOUSAND SEVEN AID COMPUTED
48 BY THE COMMISSIONER IN ACCORDANCE WITH PARAGRAPH F OF SUBDIVISION ONE OF
49 SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER AND BASED ON DATA USED BY
50 THE COMMISSIONER FOR THE PURPOSES OF PRODUCING A SCHOOL AID COMPUTER
51 LISTING IN SUPPORT OF THE ENACTED BUDGET REQUEST FOR THE TWO THOUSAND
52 SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA070-8", PROVIDED,
53 HOWEVER, THAT SUCH EXPENSE PER PUPIL SHALL BE NOT LESS THAN TWO THOUSAND
54 DOLLARS AND NOT MORE THAN NINE THOUSAND TWO HUNDRED FIFTY DOLLARS,
55 MULTIPLIED BY (II) FOR THE TWO THOUSAND NINE--TWO THOUSAND TEN AND TWO
56 THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEARS, ONE AND ONE HUNDRED TWO
S. 5636 3
1 ONE-THOUSANDTHS, AND FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
2 SCHOOL YEAR AND THEREAFTER, THE SUM OF ONE AND THE PERCENTAGE INCREASE
3 IN THE CONSUMER PRICE INDEX FOR THE CURRENT YEAR OVER SUCH CONSUMER
4 PRICE INDEX FOR THE TWO THOUSAND SIX--TWO THOUSAND SEVEN SCHOOL YEAR, AS
5 COMPUTED PURSUANT TO SUBPARAGRAPH II OF PARAGRAPH C OF SUBDIVISION FOUR
6 OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
7 G. "EXCESS COST AID RATIO FOR FOUNDATION AID ATTRIBUTABLE TO A PUPIL
8 WITH A DISABILITY" SHALL MEAN THE EXCESS COST AID RATIO FOR THE TWO
9 THOUSAND SIX--TWO THOUSAND SEVEN SCHOOL YEAR COMPUTED BY THE COMMISSION-
10 ER IN ACCORDANCE WITH SUBPARAGRAPH TWO OF PARAGRAPH A OF SUBDIVISION
11 FIVE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER AND BASED ON DATA
12 USED BY THE COMMISSIONER FOR THE PURPOSES OF PRODUCING A SCHOOL AID
13 COMPUTER LISTING IN SUPPORT OF THE ENACTED BUDGET REQUEST FOR THE TWO
14 THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA070-8".
15 (II) EXCESS COST AID PER PUPIL SHALL EQUAL THE PRODUCT OF THE EXCESS
16 COST AID RATIO AND THE ADJUSTED EXPENSE PER PUPIL WITH A DISABILITY.
17 (III) FOUNDATION AID ATTRIBUTABLE TO A PUPIL WITH A DISABILITY SHALL
18 EQUAL THE PRODUCT OF THE EXCESS COST AID PER PUPIL AND THE WEIGHTED
19 PUPIL WITH A DISABILITY.
20 (IV) HIGH COST AID ATTRIBUTABLE TO A PUPIL WITH A DISABILITY, IF ANY,
21 SHALL BE COMPUTED PURSUANT TO SUBDIVISION FIVE OF SECTION THIRTY-SIX
22 HUNDRED TWO OF THIS CHAPTER.
23 (V) SUPPLEMENTAL PUBLIC EXCESS COST AID ATTRIBUTABLE TO A PUPIL WITH A
24 DISABILITY SHALL BE EQUAL TO THE POSITIVE QUOTIENT, IF ANY, OF THE TOTAL
25 AID APPORTIONED TO THE DISTRICT PURSUANT TO SUBDIVISION FIVE-A OF
26 SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER DIVIDED BY THE NUMBER OF
27 TOTAL UNWEIGHTED PUPILS WITH DISABILITIES IN THE DISTRICT IN THE BASE
28 YEAR.
29 (VI) THE STATE AID ATTRIBUTABLE TO A STUDENT WITH A DISABILITY SHALL
30 EQUAL THE SUM OF THE FOUNDATION AID ATTRIBUTABLE TO A PUPIL WITH A DISA-
31 BILITY, THE HIGH COST AID ATTRIBUTABLE TO THE PUPIL, AND THE SUPPLE-
32 MENTAL PUBLIC COST AID ATTRIBUTABLE TO THE PUPIL.
33 S 4. Paragraph a of subdivision 1 and paragraph a and subparagraph 1
34 of paragraph b of subdivision 2 of section 3602-c of the education law,
35 paragraph a of subdivision 1 as amended by chapter 474 of the laws of
36 2004, paragraph a and subparagraph 1 of paragraph b of subdivision 2 as
37 amended by chapter 378 of the laws of 2007, are amended and subdivision
38 2 is amended by adding a new paragraph e to read as follows:
39 a. "Services" shall mean instruction in the areas of gifted pupils,
40 career education and education for students with disabilities, and coun-
41 seling, psychological and social work services related to such instruc-
42 tion provided during the regular school year for pupils enrolled in a
43 nonpublic school located in a school district, provided that such
44 instruction is given to pupils enrolled in the public schools of such
45 district. SUCH TERM SHALL ALSO INCLUDE EDUCATION FOR STUDENTS WITH DISA-
46 BILITIES PROVIDED IN JULY AND AUGUST IN ACCORDANCE WITH PARAGRAPH E OF
47 SUBDIVISION TWO OF THIS SECTION.
48 a. Boards of education of all school districts of the state shall
49 furnish services to students who are residents of this state and who
50 attend nonpublic schools located in such school districts, upon the
51 written request of the parent or person in parental relation of any such
52 student. Such a request for career education or services to gifted
53 students shall be filed with the board of education of the school
54 district in which the parent or person in parental relation of the
55 student resides on or before the first day of June preceding the school
56 year for which the request is made. In the case of education for
S. 5636 4
1 students with disabilities, such a request shall be filed with the trus-
2 tees or board of education of the school district of location on or
3 before the first of [June] APRIL preceding the school year for which the
4 request is made[, or by July first, two thousand seven for the two thou-
5 sand seven--two thousand eight school year only,] FOR THOSE STUDENTS FOR
6 WHOM AN INDIVIDUALIZED EDUCATIONAL SERVICE PROGRAM WAS DEVELOPED AND
7 IMPLEMENTED PURSUANT TO THIS SECTION PRIOR TO SUCH DATE, AND ON OR
8 BEFORE THE FIRST OF JUNE PRECEDING THE SCHOOL YEAR FOR WHICH THE REQUEST
9 IS MADE FOR THOSE STUDENTS WHO WILL BE FIRST RECEIVING EDUCATION FOR
10 STUDENTS WITH DISABILITIES PURSUANT TO THIS SECTION IN THE SCHOOL YEAR
11 FOR WHICH THE REQUEST IS MADE OR FOR WHOM AN INDIVIDUALIZED EDUCATIONAL
12 SERVICE PROGRAM IS FIRST DEVELOPED AND IMPLEMENTED ON OR AFTER APRIL
13 FIRST AND ON OR BEFORE JUNE FIRST; provided that where a student is
14 first identified as a student with a disability after the first day of
15 June preceding the school year for which the request is made, [or thirty
16 days after the chapter of the laws of two thousand seven which amended
17 this paragraph, takes effect where applicable, and prior to the first
18 day of April of such current school year,] such request shall be submit-
19 ted within thirty days after AN INDIVIDUALIZED EDUCATION SERVICE PROGRAM
20 IS DEVELOPED FOR such student [is first identified. For students first
21 identified after March first of the current school year, any such
22 request for education for students with disabilities in the current
23 school year that is submitted on or after April first of such current
24 school year, shall be deemed a timely request for such services in the
25 following school year].
26 (1) For the purpose of obtaining education for students with disabili-
27 ties, as defined in paragraph d of subdivision one of this section, such
28 request shall be reviewed by the committee on special education of the
29 school district of location, which shall develop an individualized
30 education service program for the student based on the student's indi-
31 vidual needs in the same manner and with the same contents as an indi-
32 vidualized education program, EXCEPT AS OTHERWISE PROVIDED IN THIS
33 SUBPARAGRAPH. The committee on special education shall assure that
34 special education programs and services are made available to students
35 with disabilities attending nonpublic schools located within the school
36 district on an equitable basis, as compared to special education
37 programs and services provided to other students with disabilities
38 attending public or nonpublic schools located within the school
39 district, EXCEPT THAT THERE SHALL BE NO ENTITLEMENT UNDER THIS SECTION
40 TO THE PROVISION OF A SPECIAL CLASS OR INTEGRATED CO-TEACHING SERVICES,
41 AS SUCH TERMS ARE DEFINED IN THE REGULATIONS OF THE COMMISSIONER, BY THE
42 SCHOOL DISTRICT OF LOCATION FOR ALL OR PART OF THE SCHOOL DAY. Review
43 of the recommendation of the committee on special education may be
44 obtained by the parent or person in parental relation of the pupil
45 pursuant to the provisions of section forty-four hundred four of this
46 chapter; PROVIDED THAT A DUE PROCESS COMPLAINT, OTHER THAN A DUE PROCESS
47 COMPLAINT RELATING TO CHILD FIND REQUIREMENTS BROUGHT PURSUANT TO PARA-
48 GRAPH C OF THIS SUBDIVISION, SUBMITTED ON OR AFTER SEPTEMBER FIRST, TWO
49 THOUSAND NINE SHALL BE SUBMITTED TO MEDIATION PURSUANT TO SECTION
50 FORTY-FOUR HUNDRED FOUR-A OF THIS CHAPTER AND AT LEAST ONE MEDIATION
51 SESSION SHALL BE HELD PRIOR TO MAKING A REQUEST FOR AN IMPARTIAL
52 HEARING.
53 E. A NONPUBLIC SCHOOL STUDENT WHOSE DISABILITY IS SEVERE ENOUGH TO
54 EXHIBIT THE NEED FOR A STRUCTURED LEARNING ENVIRONMENT OF TWELVE MONTHS
55 DURATION TO MAINTAIN DEVELOPMENTAL LEVELS SHALL BE ELIGIBLE TO RECEIVE
56 SPECIAL EDUCATION PROGRAMS AND SERVICES IN JULY AND AUGUST IN ACCORDANCE
S. 5636 5
1 WITH THE INDIVIDUALIZED EDUCATION SERVICE PROGRAM DEVELOPED BY THE
2 COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT OF LOCATION AND
3 THE PROVISIONS OF SECTION FORTY-FOUR HUNDRED EIGHT OF THIS CHAPTER.
4 PROVIDED, HOWEVER, THAT A NONPUBLIC SCHOOL STUDENT SHALL NOT BE ENTITLED
5 PURSUANT TO THIS SECTION TO PLACEMENT IN A SPECIAL CLASS OR INTEGRATED
6 CO-TEACHING SERVICES, AS SUCH TERMS ARE DEFINED IN THE REGULATIONS OF
7 THE COMMISSIONER, IN JULY AND AUGUST. NOTWITHSTANDING ANY OTHER
8 PROVISION OF LAW TO THE CONTRARY, THE SCHOOL DISTRICT OF LOCATION SHALL
9 BE ELIGIBLE FOR STATE AID FOR SUCH SERVICES EXCLUSIVELY PURSUANT TO
10 SECTION FORTY-FOUR HUNDRED EIGHT OF THIS CHAPTER.
11 S 5. Subdivision 7 of section 3602-c of the education law, as amended
12 by chapter 378 of the laws of 2007, is amended to read as follows:
13 7. a. Boards of education of districts providing career education and
14 gifted education services to non-resident students shall be entitled to
15 recover tuition from the district of residence of such students in
16 accordance with a formula promulgated by the commissioner by regulation.
17 b. In the case of the education for students with disabilities who are
18 residents of New York, a school district of location providing services
19 to non-resident students shall be entitled to recover costs of services,
20 costs of evaluation, and costs of committee on special education admin-
21 istration directly from the district of residence of the student if
22 consent of the parent or person in parental relation is obtained to
23 release of personally identifiable information concerning their child.
24 If such consent is not obtained, the school district of location shall
25 submit to the commissioner, in a form prescribed by the commissioner, a
26 claim for costs of services, evaluation costs, and committee on special
27 education administrative costs that includes the address of the
28 student's permanent residence, including the school district of resi-
29 dence, and a certification by officials of the nonpublic school attended
30 by the student that such address is the address of record of such
31 student. Upon certification by the commissioner of the amount of such
32 claim, the state comptroller shall deduct such amount from any state
33 funds which become due to such school district of residence.
34 c. The amount charged by the school district of location for services,
35 evaluation[, eligible due process costs] and committee on special educa-
36 tion administrative costs shall not exceed the actual cost to the school
37 district of location, after deducting any costs paid with federal or
38 state funds. The commissioner shall adopt regulations prescribing a
39 dispute resolution mechanism that will be available to a school district
40 of residence where such district disagrees with the amount of tuition or
41 costs charged by the school district of location.
42 D. THE COMMISSIONER SHALL ESTABLISH REGIONAL RATE METHODOLOGIES FOR
43 COMPUTING REGIONAL RATES TO DETERMINE ACTUAL COSTS FOR EACH OF THE
44 FOLLOWING CATEGORIES OF COSTS: (I) COSTS OF SERVICES, (II) EVALUATIONS
45 AND (III) SPECIAL EDUCATION ADMINISTRATION. THE SCHOOL DISTRICT OF
46 LOCATION MAY ELECT TO USE ANY SUCH REGIONAL RATE METHODOLOGIES IN EFFECT
47 FOR THE CURRENT SCHOOL YEAR FOR ALL NONRESIDENT STUDENTS RECEIVING
48 SERVICES PURSUANT TO SUBDIVISION TWO OF THIS SECTION IN SUCH SCHOOL YEAR
49 OR MAY OPT TO COMPUTE ACTUAL COSTS ON AN INDIVIDUAL STUDENT BASIS. IF
50 SUCH SCHOOL DISTRICT ELECTS TO USE REGIONAL RATES FOR SERVICES, IT SHALL
51 USE ALL REGIONAL RATES THEN IN EFFECT FOR BILLING SERVICES FOR ALL SUCH
52 NONRESIDENT STUDENTS AND IF SUCH SCHOOL DISTRICT ELECTS TO USE REGIONAL
53 RATES FOR BILLING EVALUATION OR SPECIAL EDUCATION ADMINISTRATION COSTS,
54 IT SHALL USE SUCH RATES FOR BILLING FOR SUCH COSTS FOR ALL SUCH NONRESI-
55 DENT STUDENTS. THE SCHOOL DISTRICT OF LOCATION MAY, HOWEVER, ELECT TO
S. 5636 6
1 USE REGIONAL RATES FOR ONE OR MORE CATEGORIES OF COSTS, AND NOT FOR THE
2 OTHER CATEGORIES.
3 E. NO CLAIM SHALL BE PAYABLE PURSUANT THIS SUBDIVISION UNLESS IT IS
4 SUBMITTED TO THE SCHOOL DISTRICT OF RESIDENCE, OR THE COMMISSIONER WHERE
5 APPLICABLE, WITHIN ONE YEAR OF THE END OF THE SCHOOL YEAR IN WHICH THE
6 COSTS WERE INCURRED, OR WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS
7 PARAGRAPH, WHICHEVER IS LATER.
8 S 6. Paragraph a of subdivision 2 of section 4402 of the education
9 law, as amended by chapter 243 of the laws of 1989, is amended to read
10 as follows:
11 a. The board of education or trustees of each school district shall be
12 required to furnish suitable educational opportunities for [children
13 with handicapping conditions] STUDENTS WITH DISABILITIES by one of the
14 special services or programs listed in subdivision two of section
15 forty-four hundred one. The need of the individual [child] STUDENT shall
16 determine which of such services shall be rendered. Each district shall
17 provide to the maximum extent appropriate such services in a manner
18 which enables [children with handicapping conditions] STUDENTS WITH
19 DISABILITIES to participate in regular education services when appropri-
20 ate. Such services or programs shall be furnished between the months of
21 September and June of each year, except that for the nineteen hundred
22 eighty-seven--eighty-eight school year and thereafter, with respect to
23 the students whose [handicapping conditions] DISABILITIES are severe
24 enough to exhibit the need for a structured learning environment of
25 twelve months duration to maintain developmental levels, the board of
26 education or trustees of each school district upon the recommendation of
27 the committee on special education [and, in the first instance, the
28 consent of the parent] shall also provide, either directly or by
29 contract, for the provision of special services and programs as defined
30 in section forty-four hundred one of this article during the months of
31 July and August as contained in the individualized education program for
32 each eligible [child] STUDENT, and with prior approval by the commis-
33 sioner if required; provided that [(i) a student with a handicapping
34 condition who is first eligible to attend public school in the nineteen
35 hundred eighty-seven--eighty-eight school year shall not be eligible to
36 receive services pursuant to this paragraph during the months of July
37 and August nineteen hundred eighty-seven and (ii) a student with a
38 handicapping condition who is first eligible to attend public school in
39 the nineteen hundred eighty-eight--eighty-nine school year shall not be
40 eligible to receive services pursuant to this paragraph during the
41 months of July and August nineteen hundred eighty-eight and (iii) a
42 student with a handicapping condition who is eligible for services
43 during the months of July and August nineteen hundred eighty-nine pursu-
44 ant to the provisions of subdivision six of section forty-four hundred
45 ten of this article shall not be eligible to receive services pursuant
46 to this paragraph during such months and (iv)] a student with a [handi-
47 capping condition] DISABILITY who is eligible for services, including
48 services during the months of July and August, pursuant to section
49 forty-four hundred ten of this article shall not be eligible to receive
50 services pursuant to this paragraph during the months of July and
51 August.
52 S 7. Paragraph d of subdivision 4 of section 4402 of the education
53 law, as amended by chapter 646 of the laws of 1992, is amended to read
54 as follows:
55 d. Notwithstanding any other provision of law, such board shall
56 provide suitable transportation up to a distance of fifty miles to and
S. 5636 7
1 from a nonpublic school which a [child] STUDENT with a [handicapping
2 condition] DISABILITY attends if such [child] STUDENT has been so iden-
3 tified by the local committee on special education and such [child]
4 STUDENT attends such school for the purpose of receiving services or
5 programs FROM SUCH NONPUBLIC SCHOOL THAT ARE similar to special [educa-
6 tional] EDUCATION programs AND SERVICES recommended for such [child]
7 STUDENT by the local committee on special education. NOTWITHSTANDING
8 ANY OTHER PROVISION OF LAW TO THE CONTRARY, A NONPUBLIC STUDENT RECEIV-
9 ING TRANSPORTATION PURSUANT TO THIS PARAGRAPH SHALL NOT BE ENTITLED TO
10 SPECIAL EDUCATION PROGRAMS AND SERVICES FROM THE SCHOOL DISTRICT OF
11 LOCATION PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-C OF THIS CHAPTER.
12 AS A CONDITION OF ELIGIBILITY FOR SUCH TRANSPORTATION, THE PARENT OR
13 PERSON IN PARENTAL RELATION TO THE STUDENT SHALL CONSENT TO THE
14 PROVISION OF NOTICE BY THE SCHOOL DISTRICT OF RESIDENCE TO THE CHAIR-
15 PERSON OF THE COMMITTEE OR SUBCOMMITTEE ON SPECIAL EDUCATION OF THE
16 SCHOOL DISTRICT IN WHICH THE NONPUBLIC SCHOOL IS LOCATED IDENTIFYING
17 SUCH STUDENT, BY NAME, ADDRESS AND SCHOOL OF ATTENDANCE, AS A STUDENT
18 RECEIVING TRANSPORTATION PURSUANT TO THIS PARAGRAPH. THE SCHOOL DISTRICT
19 OF RESIDENCE SHALL PROVIDE SUCH NOTICE NO LATER THAN THIRTY DAYS AFTER
20 COMMENCING SUCH TRANSPORTATION.
21 S 8. Paragraph a of subdivision 1 of section 4404 of the education
22 law, as amended by chapter 430 of the laws of 2006, is amended to read
23 as follows:
24 a. If the parent or person in parental relation of a student, the
25 board of education or trustees of a school district or a state agency
26 responsible for providing education to students with disabilities
27 presents a complaint with respect to any matter relating to the iden-
28 tification, evaluation or educational placement of the student or the
29 provision of a free appropriate public education to the student or a
30 manifestation determination or other matter relating to placement upon
31 discipline of a student with a disability that may be the subject of an
32 impartial hearing pursuant to subsection (k) of section fourteen hundred
33 fifteen of title twenty of the United States code and the implementing
34 federal regulations, and the party presenting the complaint or their
35 attorney provides a due process complaint notice in accordance with
36 federal law and regulations and such complaint sets forth an alleged
37 violation that occurred not more than two years before the date the
38 parent or public agency knew or should have known about the alleged
39 action that forms the basis for the complaint, OR IN THE CASE OF A
40 COMPLAINT SEEKING TUITION REIMBURSEMENT FOR THE UNILATERAL PARENTAL
41 PLACEMENT OF A STUDENT IN A PRIVATE SCHOOL, SUCH TUITION CLAIM IS
42 PRESENTED NOT MORE THAN ONE HUNDRED EIGHTY DAYS FROM THE PLACEMENT BY
43 THE PARENT OR PERSON IN PARENTAL RELATION IN THE PRIVATE SCHOOL, the
44 board or agency shall appoint an impartial hearing officer to review the
45 due process complaint notice when challenged and, if the matter is not
46 resolved in a resolution session that has been convened as required by
47 federal law, to preside over an impartial due process hearing and make a
48 determination within such period of time as the commissioner by regu-
49 lation shall determine, provided that the board of education or trustees
50 shall offer the parent or person in parental relation the option of
51 mediation pursuant to section forty-four hundred four-a of this article
52 as an alternative to an impartial hearing. Where the parent or person in
53 parental relation or a school district or public agency presents a
54 complaint, the school district or public agency responsible for appoint-
55 ing the impartial hearing officer shall provide the parent or person in
56 parental relation with a procedural safeguards notice as required pursu-
S. 5636 8
1 ant to subsection (d) of section fourteen hundred fifteen of title twen-
2 ty of the United States code and the implementing federal regulations.
3 Notwithstanding any provision of this subdivision to the contrary, the
4 time limitation on presenting a complaint shall not apply to a parent or
5 person in parental relation to the student if the parent or person in
6 parental relation was prevented from requesting the impartial hearing
7 due to specific misrepresentations by the school district or other
8 public agency that it had resolved the problem forming the basis of the
9 complaint or due to the school district's or other public agency's with-
10 holding of information from the parent or person in parental relation
11 that was required under federal law to be provided. Nothing in this
12 subdivision shall be construed to authorize the board of education or
13 trustees to bring an impartial hearing to override the refusal of a
14 parent or person in parental relation to consent where a local educa-
15 tional agency is prohibited by federal law from initiating such a hear-
16 ing.
17 S 9. Paragraph f of subdivision 1 of section 4410 of the education
18 law, as amended by chapter 705 of the laws of 1992, is amended to read
19 as follows:
20 f. "First eligible for services" means the earliest date on which a
21 child becomes age-eligible for services pursuant to this section, and as
22 defined in regulations of the commissioner in accordance with applicable
23 federal law and regulations, except that a child who is already receiv-
24 ing services under [section two hundred thirty-six of the family court
25 act or its successor] TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC
26 HEALTH LAW may, if the parent so chooses, continue to be eligible to
27 receive such services through August thirty-first of the calendar year
28 in which the child first becomes age-eligible to receive services pursu-
29 ant to this section OR, AT THE PARENT'S OPTION, UNTIL THE LAST DAY OF
30 THE SCHOOL YEAR IN WHICH THE CHILD TURNS THREE YEARS OF AGE.
31 S 10. Subdivision 8 of section 2541 of the public health law, as added
32 by chapter 428 of the laws of 1992, paragraph (a) as amended by section
33 1 of part B3 of chapter 62 of the laws of 2003, is amended to read as
34 follows:
35 8. (a) "Eligible child" means an infant or toddler from birth through
36 age two who has a disability; provided, however, that any toddler with a
37 disability who has been determined to be eligible for program services
38 under section forty-four hundred ten of the education law and:
39 (i) who turns three years of age on or before the thirty-first day of
40 August shall, if requested by the parent, be eligible to receive early
41 intervention services contained in an IFSP until the first day of
42 September of that calendar year OR, AT THE REQUEST OF THE PARENT, UNTIL
43 THE LAST DAY OF THE SCHOOL YEAR IN WHICH THE TODDLER WITH A DISABILITY
44 TURNS THREE YEARS OF AGE WHERE SUCH DATE IS LATER; or
45 (ii) who turns three years of age on or after the first day of Septem-
46 ber shall, if requested by the parent and if already receiving services
47 pursuant to this title, be eligible to continue receiving such services
48 until [the second day of January of the following calendar year] THE
49 LAST DAY OF THE SCHOOL YEAR IN WHICH THE TODDLER WITH A DISABILITY TURNS
50 THREE YEARS OF AGE.
51 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
52 sion, a child who receives services pursuant to section forty-four
53 hundred ten of the education law shall not be an eligible child.
54 (C) FOR PURPOSES OF THIS SUBDIVISION, "SCHOOL YEAR" MEANS THE PERIOD
55 COMMENCING ON JULY FIRST AND ENDING ON THE THIRTIETH DAY OF JUNE NEXT
56 FOLLOWING.
S. 5636 9
1 S 11. Section 22 of chapter 352 of the laws of 2005, amending the
2 education law relating to implementation of the federal individuals with
3 disabilities education improvement act of 2004, as amended by chapter
4 378 of the laws of 2007, is amended to read as follows:
5 S 22. This act shall take effect July 1, 2005, provided, however, if
6 this act shall become a law after such date it shall take effect imme-
7 diately and shall be deemed to have been in full force and effect on and
8 after July 1, 2005[; and provided further, however, that sections one
9 through four and six through twenty-one of this act shall expire and be
10 deemed repealed June 30, 2009, and section five of this act shall expire
11 and be deemed repealed June 30, 2009].
12 S 12. Subdivision (a) of section 8 of chapter 430 of the laws of 2006,
13 amending the education law relating to implementation of the federal
14 individuals with disabilities education improvement act of 2004, is
15 REPEALED.
16 S 13. Subdivisions c and d of section 27 of chapter 378 of the laws of
17 2007, amending the education law relating to implementation of the
18 federal individuals with disabilities education improvement act of 2004,
19 are amended to read as follows:
20 c. the amendments to subdivision 7 of section 3602-c of the education
21 law made by section four of this act shall first apply to charges for
22 costs of services, evaluation and committee on special education admin-
23 istration that relate to the provision of special education programs and
24 services to students attending nonpublic schools for the 2007-2008
25 school year and shall be deemed to have been in full force on and after
26 June 30, 2007[; and
27 d. the provisions of this act shall expire and be deemed repealed June
28 30, 2009].
29 S 14. This act shall take effect June 30, 2009, provided that in the
30 event that it shall become a law after such date, this act shall take
31 effect immediately and shall be deemed to have been in full force and
32 effect on and after June 30, 2009; provided, however, that:
33 (a) the amendments to paragraph a of subdivision 1 of section 3602-c
34 made by section four of this act and paragraph e of subdivision 2 of
35 section 3602-c of the education law as added by section four of this act
36 shall first apply to July and August programs for nonpublic students
37 with disabilities in July and August 2010;
38 (b) the amendments to subdivision 7 of section 3602-c of the education
39 law made by section five of this act shall first apply to charges for
40 costs of services, evaluation and committee on special education admin-
41 istration that relate to the provision of special education programs and
42 services to students attending nonpublic schools for the 2009-2010
43 school year; and
44 (c) the amendments to paragraph a of subdivision 1 of section 4404 of
45 the education law made by section eight of this act shall first apply to
46 due process complaints for tuition reimbursement presented on or after
47 September 1, 2009.
