Bill Text: NY S07618 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 7618 (Prior Session Legislation)

Introduced

Bill Title: Relates to children with handicapping conditions attending an educational facility located outside the state: provides that upon a determination that the out-of-state facility is appropriately meeting the needs of the child, such child need not be referred to an appropriate in-state program unless the parent or guardian of such child so elects; provides that, upon reapplication for state reimbursement by the school district of which such child is a resident, no documentation shall be required to establish that there are no appropriate public or approved private facilities for instruction available within the state or that any efforts were made to obtain placement of the student in such an in-state facility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-07 - REFERRED TO EDUCATION [S07618 Detail]

Download: New_York-2011-S07618-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7618
                                   I N  S E N A T E
                                     June 7, 2012
                                      ___________
       Introduced  by  Sen.  OPPENHEIMER -- 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 children  with  handi-
         capping  conditions  attending an educational facility located outside
         the state
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  4407 of the education law is amended by adding a
    2  new subdivision 6 to read as follows:
    3    6. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, UPON A
    4  DETERMINATION THAT AN EDUCATIONAL FACILITY LOCATED OUTSIDE THE STATE  IS
    5  APPROPRIATELY MEETING THE NEEDS OF A CHILD WITH A HANDICAPPING CONDITION
    6  ATTENDING  SUCH  FACILITY  PURSUANT TO THIS SECTION, WHICH DETERMINATION
    7  SHALL BE MADE AS PART OF THE ANNUAL REVIEW OF THE STUDENT'S  INDIVIDUAL-
    8  IZED  EDUCATION PROGRAM, SUCH CHILD NEED NOT BE REFERRED TO AN APPROPRI-
    9  ATE IN-STATE PROGRAM UNLESS THE PARENT OR  GUARDIAN  OF  SUCH  CHILD  SO
   10  ELECTS.  UPON  REAPPLICATION  FOR  STATE  REIMBURSEMENT  BY  THE  SCHOOL
   11  DISTRICT OF WHICH SUCH CHILD IS A RESIDENT, NO  DOCUMENTATION  SHALL  BE
   12  REQUIRED  TO  ESTABLISH THAT THERE ARE NO APPROPRIATE PUBLIC OR APPROVED
   13  PRIVATE FACILITIES FOR INSTRUCTION AVAILABLE WITHIN THE  STATE  OR  THAT
   14  ANY  EFFORTS  WERE  MADE  TO  OBTAIN PLACEMENT OF THE STUDENT IN SUCH AN
   15  IN-STATE FACILITY.
   16    S 2. This act shall take effect on the first of July  after  it  shall
   17  have  become  a  law; provided, however, that effective immediately, the
   18  addition, amendment, and/or repeal of any rule or  regulation  necessary
   19  for  the  timely  implementation  of  this act on its effective date are
   20  authorized and directed to be made  and  completed  on  or  before  such
   21  effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14813-01-2