STATE OF NEW YORK
________________________________________________________________________
6504
IN SENATE
January 21, 2016
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Introduced by Sen. MARCELLINO -- 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 referrals to state
adult service agencies for certain students with disabilities who have
reached the age of 18; and to repeal clause (d-2) of subparagraph 3 of
paragraph b of subdivision 1 of section 4402 of the education law
relating to the requirement that boards of education develop plans and
policies for appropriate declassification of students with disabili-
ties
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subparagraphs 5 and 7 of paragraph b of subdivision 1 of
2 section 4402 of the education law, subparagraph 5 as amended by chapter
3 256 of the laws of 1988 and subparagraph 7 as amended by chapter 194 of
4 the laws of 1991, are amended to read as follows:
5 (5) The committee on special education or, in the case of a state
6 operated school, the multidisciplinary team shall [provide written
7 notice that a child who is placed in those residential programs speci-
8 fied in paragraphs d, g, h and l of subdivision two of section forty-
9 four hundred one of this article is not entitled to receive tuition free
10 educational services after the age of twenty-one, the receipt of a high
11 school diploma or the time described in subdivision five of this
12 section. Such written notice shall be provided to the child and to the
13 parents or legal guardian of such child when such child attains the age
14 of eighteen or, if such child is over the age of eighteen when placed in
15 such a residential program, at the time of placement. Upon the first
16 annual review after the age of fifteen of a child who is receiving non-
17 residential special services or programs as specified in paragraph a, b,
18 c, d, e, f, i, j, l or m of subdivision two of section forty-four
19 hundred one of this article, or is receiving special services or
20 programs in a day program at the human resources school; is receiving
21 such special services or programs one hundred per centum of the school
22 day; is receiving individualized attention or intervention because of
23 intensive management needs or a severe handicap; and, as determined by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05346-02-6