Bill Text: NY S07722 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to determinations of appropriate educational programs for certain students.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Vetoed) 2012-07-31 - VETOED MEMO.130 [S07722 Detail]

Download: New_York-2011-S07722-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7722--A
                                   I N  S E N A T E
                                     June 15, 2012
                                      ___________
       Introduced  by Sens. FLANAGAN, SKELOS -- read twice and ordered printed,
         and when printed to be committed to the Committee on Rules --  commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee
       AN ACT to amend the education law,  in  relation  to  determinations  of
         appropriate educational programs for certain students
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subclause (i) of clause (b) of subparagraph 3 of  paragraph
    2  b  of  subdivision 1 of section 4402 of the education law, as amended by
    3  chapter 378 of the laws of 2007, is amended to read as follows:
    4    (i) Make recommendations based upon a written evaluation setting forth
    5  the reasons for the recommendations, to the child's parent or person  in
    6  parental  relation  and board of education or trustees as to appropriate
    7  educational programs and placement in accordance with the provisions  of
    8  subdivision six of section forty-four hundred one-a of this article, and
    9  as  to the advisability of continuation, modification, or termination of
   10  special class or program placements which evaluation shall be  furnished
   11  to  the  child's parent or person in parental relation together with the
   12  recommendations provided, however that the  committee  may  recommend  a
   13  placement  in a school which uses psychotropic drugs only if such school
   14  has a written policy pertaining to such  use  that  is  consistent  with
   15  subdivision  four-a  of section thirty-two hundred eight of this chapter
   16  and that the parent or person in parental relation is given such written
   17  policy at the time such recommendation is  made.  THE  DETERMINATION  OF
   18  APPROPRIATE  EDUCATIONAL  PROGRAMS  AND PLACEMENTS SHALL INCLUDE, UPON A
   19  REQUEST BY A CHILD'S PARENT OR PERSON IN PARENTAL RELATION,  A  DETERMI-
   20  NATION OF THE CHILD'S ABILITY TO LEARN IN ANY GIVEN EDUCATIONAL ENVIRON-
   21  MENT.  SUCH  DETERMINATION  SHALL  TAKE INTO ACCOUNT ANY POSSIBLE EDUCA-
   22  TIONAL IMPACT DIFFERENCES BETWEEN THE SCHOOL ENVIRONMENT AND THE CHILD'S
   23  HOME ENVIRONMENT AND FAMILY BACKGROUND MAY HAVE ON THE  CHILD'S  ABILITY
   24  TO RECEIVE A FREE APPROPRIATE PUBLIC EDUCATION. SUCH DETERMINATION SHALL
   25  INCLUDE  DOCUMENTATION  AS  TO  WHETHER  THESE  FACTORS WOULD AFFECT THE
   26  CHILD'S ABILITY TO LEARN. If such recommendation is  not  acceptable  to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16255-02-2
       S. 7722--A                          2
    1  the  parent  or  person  in  parental relation, such parent or person in
    2  parental relation may appeal such  recommendation  as  provided  for  in
    3  section  forty-four  hundred  four  of this [chapter] ARTICLE.  PROVIDED
    4  FURTHER THAT PURSUANT TO SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE
    5  A  SCHOOL  DISTRICT  SHALL  GRANT OR DENY A PARENT'S REQUEST FOR TUITION
    6  REIMBURSEMENT WITHIN NINETY DAYS FROM THE DATE SUCH REQUEST IS RECEIVED.
    7  IF THE SCHOOL DISTRICT GRANTS THE  REQUEST  FOR  TUITION  REIMBURSEMENT,
    8  SUCH  TUITION REIMBURSEMENT MUST BE PROVIDED WITHIN THIRTY DAYS FROM THE
    9  DATE THE REQUEST WAS GRANTED.
   10    S 2. Paragraph a of subdivision 1 of section 4404 of the education law
   11  is amended by adding a new closing paragraph to read as follows:
   12    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO  THE
   13  CONTRARY,  UPON  A WRITTEN SETTLEMENT AGREEMENT BETWEEN A CHILD'S PARENT
   14  OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OR TRUSTEES OF
   15  A SCHOOL DISTRICT OR A STATE AGENCY, OR THE  DECISION  OF  AN  IMPARTIAL
   16  HEARING  OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILAT-
   17  ERAL PARENTAL PLACEMENT WAS APPROPRIATE AND THAT  TUITION  REIMBURSEMENT
   18  SHOULD BE GRANTED FOR SUCH UNILATERAL PLACEMENT, SUCH TUITION REIMBURSE-
   19  MENT  SHALL  CONTINUE UNTIL THE COMMITTEE ON SPECIAL EDUCATION AMENDS OR
   20  MODIFIES THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM.
   21    S 3. This act shall take effect immediately;  provided,  however,  the
   22  amendments to clause (b) of subparagraph 3 of paragraph b of subdivision
   23  1  of  section 4402 of the education law made by section one of this act
   24  shall not affect the expiration of such clause and shall  be  deemed  to
   25  expire  therewith;  provided, further, however, that the amendments made
   26  to subdivision 1 of section 4404 of the education law  made  by  section
   27  two  of this act shall not affect the expiration of such subdivision and
   28  shall be deemed to expire therewith.