Bill Text: NY S07650 | 2019-2020 | General Assembly | Introduced

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Bill Title: Replaces certain instances of the words handicapping conditions with disabilities in relation to children with such disabilities.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2020-07-21 - referred to education [S07650 Detail]

Download: New_York-2019-S07650-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7650

                    IN SENATE

                                    February 4, 2020
                                       ___________

        Introduced  by  Sen.  MAYER  -- 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  replacing  the  words
          handicapping conditions with the word disabilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The article heading of article 89 of the education law,  as
     2  added by chapter 853 of the laws of 1976, is amended to read as follows:
     3            CHILDREN WITH [HANDICAPPING CONDITIONS] DISABILITIES
     4    §  2.  The  section  heading  and subdivision 2 of section 4404 of the
     5  education law, as amended by chapter 53 of the laws of 1990, are amended
     6  to read as follows:
     7    Appeal procedures for children with [handicapping conditions] disabil-
     8  ities.
     9    2. Review by state review officer.  A  state  review  officer  of  the
    10  education  department  shall review and may modify, in such cases and to
    11  the extent that the review officer deems necessary, in order to properly
    12  effectuate the purposes of this article, any determination of the impar-
    13  tial hearing officer relating to the determination of the  nature  of  a
    14  child's [handicapping condition] disability, selection of an appropriate
    15  special  education  program  or  service and the failure to provide such
    16  program and require such board to comply with  the  provisions  of  such
    17  modification.    The  commissioner shall adopt regulations governing the
    18  practice and procedure in such appeals  to  the  state  review  officer;
    19  provided,  however,  that in no event shall any fee or charge whatsoever
    20  be imposed for any appeal taken pursuant to this subdivision. The  state
    21  review  officer  is  empowered  to  make  all orders which are proper or
    22  necessary to give effect to the decision of the review officer.
    23    § 3. The section heading, the opening paragraph of subdivision  1  and
    24  subdivisions  2,  3  and  5  of  section  4405 of the education law, the
    25  section heading and subdivision 2 as amended by chapter 53 of  the  laws
    26  of 1986, the opening paragraph of subdivision 1 and subdivisions 3 and 5
    27  as  amended  by  chapter  53  of the laws of 1990, paragraphs a and b of
    28  subdivision 3 as amended by chapter 57 of the laws of 1993, paragraph  c

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15120-01-0
        S. 7650                             2

     1  of  subdivision 3 as amended by chapter 82 of the laws of 1995 and para-
     2  graph d of subdivision 3 as amended by chapter 260 of the laws of  1993,
     3  are amended to read as follows:
     4    Computing  financial  responsibility  for special educational services
     5  for certain children with [handicapping conditions] disabilities.
     6    Maintenance for children with [handicapping  conditions]  disabilities
     7  in  residential  schools  under  the provisions of this article or state
     8  schools under the provisions of articles eighty-seven  and  eighty-eight
     9  of this chapter.
    10    2.  Transportation  expense.  The transportation expense of each child
    11  with a [handicapping condition] disability shall be aidable  in  accord-
    12  ance  with  subdivision  seven of section thirty-six hundred two of this
    13  chapter; provided, however, that for the  school  year  commencing  July
    14  first,  nineteen  hundred  seventy-six, school districts shall be appor-
    15  tioned ninety per centum of the estimated amount of its  approved  costs
    16  of  such  year  for  the  transportation  of children with [handicapping
    17  conditions] disabilities  whose  transportation  was  formerly  provided
    18  under a family court order and is now a charge upon the school district,
    19  subject  to  the  adjustment  of  any  errors after the actual costs are
    20  ascertained.
    21    3. Computing state financial responsibility for operating expenses for
    22  certain children with [handicapping conditions] disabilities.
    23    a. In addition to any other apportionments  under  the  provisions  of
    24  this  chapter,  there  shall  be  apportioned  to each applicable school
    25  district for each child with a [handicapping  condition]  disability  in
    26  attendance  in  a  state  school  under the provisions of paragraph d of
    27  subdivision two of section forty-four hundred one of this article or  an
    28  approved  program under the provisions of paragraphs e, f, g, h, i and l
    29  of such subdivision two, the product of  such  attendance,  computed  in
    30  accordance  with  regulations  of  the commissioner, and the excess cost
    31  aid: an amount computed by multiplying the excess cost,  as  defined  in
    32  subdivision six of section forty-four hundred one of this article by the
    33  excess cost aid ratio defined in subdivision seven of this section.
    34    b.  In  addition  to  the  apportionment provided to a school district
    35  pursuant to paragraph a of this subdivision  for  the  attendance  of  a
    36  child with a [handicapping condition] disability in a state school under
    37  the  provisions  of paragraph d of subdivision two of section forty-four
    38  hundred one of this article, for each such child in attendance  in  such
    39  school  prior  to  July  first,  nineteen hundred ninety, there shall be
    40  apportioned an additional amount. Such amount shall equal the product of
    41  the taper aidable cost multiplied by the  taper  aid  ratio.  The  taper
    42  aidable  cost  shall equal the positive remainder resulting when (i) the
    43  apportionment attributable to such child pursuant to paragraph a of this
    44  subdivision is subtracted from (ii) the product of such child's  attend-
    45  ance  and the tuition for the state school such child attends. The taper
    46  aid ratio shall equal the quotient, computed to three  decimals  without
    47  rounding,  resulting  when  the  positive  remainder  of  one  minus the
    48  combined wealth ratio, as defined in subdivision [one] three of  section
    49  thirty-six  hundred  two of this chapter is divided by seventy-five one-
    50  hundredths. Such aid ratio shall not be less than  zero  nor  more  than
    51  one.
    52    c.  The apportionments to each school district pursuant to this subdi-
    53  vision shall be based on excess cost paid and attendance during the base
    54  year.
    55    d. Notwithstanding sections thirty-six hundred  seven  and  thirty-six
    56  hundred nine-a of this chapter, apportionments pursuant to this subdivi-
        S. 7650                             3

     1  sion  shall  be  paid  to school districts upon submission of reports of
     2  attendance  and  approved  tuition  expenditures  filed  in   a   format
     3  prescribed  by the commissioner and shall be paid from the annual appor-
     4  tionment  of  public moneys for the support of public schools in accord-
     5  ance with section thirty-six hundred nine-b of this chapter.
     6    5. The commissioner shall annually determine the tuition rate and  the
     7  commissioner of social services shall annually determine the maintenance
     8  rate for special services or programs provided during the months of July
     9  and  August  for  children  with  [handicapping conditions] disabilities
    10  entitled to attend public schools without the payment of tuition  pursu-
    11  ant to section thirty-two hundred two of this chapter.  The commissioner
    12  of education shall annually determine the tuition rate, maintenance rate
    13  and  the medical services rate, if applicable, for such children attend-
    14  ing the New York state school for the blind or the New York state school
    15  for the deaf during the months of July and August. Such rates  shall  be
    16  determined  in  conformance  with the reimbursement methodologies estab-
    17  lished pursuant to subdivision four of this section and shall be subject
    18  to the approval of the division of the budget. Rates shall be determined
    19  for all special services or programs as defined  in  section  forty-four
    20  hundred one of this chapter and offered during July and August.
    21    §  4.  The  section  heading  and subdivision 1 of section 4407 of the
    22  education law, the section heading as amended by chapter 53 of the  laws
    23  of  1986, subdivision 1 as amended by chapter 82 of the laws of 1985 and
    24  paragraph a of subdivision 1 as amended by chapter 53  of  the  laws  of
    25  1989, are amended to read as follows:
    26    Special  provisions  relating  to instruction of certain children with
    27  [handicapping conditions] disabilities.  1. [a.] When it shall appear to
    28  the satisfaction of the department that a  child  with  a  [handicapping
    29  condition]  disability is not receiving instruction because there are no
    30  appropriate public or private facilities for instruction of such a child
    31  within this state because of the unusual type of the handicap or  combi-
    32  nation  of  handicaps  as  certified  by  the  commissioner,  the school
    33  district of which each  such  pupil  is  a  resident  is  authorized  to
    34  contract  with an educational facility located outside the state, which,
    35  in the judgment of the department, can meet the needs of such child  for
    36  instruction.   Contracts, rates, payments and reimbursements pursuant to
    37  this section shall be in accordance with section forty-four hundred five
    38  of this article.
    39    § 5. The section heading, paragraphs a, b and d of subdivision  4  and
    40  paragraph  a  of  subdivision 5 of section 4410 of the education law, as
    41  added by chapter 243 of the laws of 1989, paragraph a of  subdivision  4
    42  and  subparagraph  (iii)  of  paragraph a of subdivision 5 as amended by
    43  chapter 705 of the laws of 1992 and paragraph  d  of  subdivision  4  as
    44  amended  by  chapter  520  of  the  laws of 1993, are amended to read as
    45  follows:
    46    Special education services and programs for  preschool  children  with
    47  [handicapping conditions] disabilities.
    48    a. The board shall identify each preschool child suspected of having a
    49  [handicapping condition] disability who resides within the district and,
    50  upon  referral  to  the committee shall, with the consent of the parent,
    51  provide for an evaluation related to the  suspected  disability  of  the
    52  child. The board shall make such identification in accordance with regu-
    53  lations of the commissioner.
    54    b. Each board shall, within time limits established by the commission-
    55  er,  be  responsible  for  providing  the  parent  of  a preschool child
    56  suspected of having a [handicapping condition] disability with a list of
        S. 7650                             4

     1  approved evaluators in the geographic area. The parent  may  select  the
     2  evaluator from such list.  Each board shall provide for dissemination of
     3  the list and other information to parents at appropriate sites including
     4  but  not  limited to pre-kindergarten, day care, head start programs and
     5  early childhood  direction  centers,  pursuant  to  regulations  of  the
     6  commissioner.
     7    d.  The  approved  evaluator shall, following completion of the evalu-
     8  ation, transmit the documentation of the evaluation to  all  members  of
     9  the  committee  and  to a person designated by the municipality in which
    10  the preschool child resides. Each municipality shall notify the approved
    11  evaluators in the geographic area  of  the  person  so  designated.  The
    12  summary  report  of  the  evaluation shall be transmitted in English and
    13  when necessary, also in the dominant language or other mode of  communi-
    14  cation of the parent; the documentation of the evaluation shall be tran-
    15  smitted  in  English  and,  upon  the request of the parent, also in the
    16  dominant language or other mode of communication of the  parent,  unless
    17  not clearly feasible to do so pursuant to regulations promulgated by the
    18  commissioner.  Costs of translating the summary report and documentation
    19  of the evaluation shall be separately reimbursed. If, based on the eval-
    20  uation, the committee finds that a child has a [handicapping  condition]
    21  disability,  the committee shall use the documentation of the evaluation
    22  to develop an individualized education program for the preschool  child.
    23  Nothing  herein  shall  prohibit  an approved evaluator from at any time
    24  providing the parent with a copy of the documentation of the  evaluation
    25  provided to the committee.
    26    a.  The committee shall review all relevant information, including but
    27  not limited to:
    28    (i) information presented by the parent and  the  child's  teacher  or
    29  teachers  pertinent  to  each  child suspected of having a [handicapping
    30  condition] disability;
    31    (ii) the results of all evaluations; and
    32    (iii) information provided by the appropriate  licensed  or  certified
    33  professional designated by the agency that is charged with the responsi-
    34  bility for the child pursuant to applicable federal laws, if any.
    35    §  6.  The  section heading, paragraph f of subdivision 1 and subdivi-
    36  sions 2, 3 and 4 of section 4410-a of the education  law,  as  added  by
    37  chapter  53 of the laws of 1990, paragraph f of subdivision 1 as amended
    38  by chapter 474 of the laws of 1996, subdivisions 2, 3 and 4  as  amended
    39  by  chapter  280  of  the laws of 1994 and such section as renumbered by
    40  chapter 705 of the laws of 1992, are amended to read as follows:
    41    Responsibility for certain temporary-resident preschool children  with
    42  [handicapping conditions] disabilities.
    43    f. "Preschool child with a disability" shall mean a child eligible for
    44  services  pursuant to section forty-four hundred ten of this chapter. [A
    45  "preschool child with a handicapping condition" means a preschool  child
    46  with a disability.]
    47    2.  School  district  evaluation  and  placement responsibility.   The
    48  school district of current location of a foster care or  homeless  child
    49  or child in residential care shall be responsible for the evaluation and
    50  placement  procedures  prescribed  for  a  preschool  child suspected of
    51  having a [handicapping condition] disability pursuant to section  forty-
    52  four  hundred  ten  of  this chapter.   In issuing its written notice of
    53  determination of  services,  the  board  of  education  of  such  school
    54  district  shall  identify  the  municipality of residence of a preschool
    55  child with a [handicapping condition] disability who is a foster care or
    56  homeless child or child in residential care.   Such notice  of  determi-
        S. 7650                             5

     1  nation  shall  be  transmitted to both the municipality of residence and
     2  the municipality of current location.
     3    3.  Contract  and  payment responsibility. The municipality of current
     4  location shall be the municipality of record for a preschool child  with
     5  a  [handicapping  condition] disability who is a foster care or homeless
     6  child or child in residential care for the purposes  of  section  forty-
     7  four  hundred ten of this chapter provided, however, that, notwithstand-
     8  ing the provision of paragraph b of subdivision eleven of such  section,
     9  the state shall reimburse one hundred percent of the approved costs paid
    10  by such municipality which shall be offset by the local contribution due
    11  pursuant to subdivision four of this section.
    12    4.  Local  contribution. The municipality of residence shall be finan-
    13  cially responsible for the local contribution  which  shall  equal  that
    14  portion  of  the approved costs of services to a foster care or homeless
    15  child or child in residential care with a [handicapping condition] disa-
    16  bility which would not be reimbursed pursuant to the schedule set out in
    17  paragraph b of subdivision eleven of section forty-four hundred  ten  of
    18  this  chapter.    The  commissioner shall certify to the comptroller the
    19  amount of the local contribution owed by each municipality to the state.
    20  The comptroller shall deduct the amount of such local contribution first
    21  from any moneys due the municipality pursuant to such section  and  then
    22  from any other moneys due or to become due such municipality.
    23    § 7. This act shall take effect immediately.