Bill Text: NY S07843 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes Earth Day; relates to mandate relief for school districts and certain other educational entities; removes references to subcommittees on special education; relates to the provision of special education programs and services to students parentally placed in non-public schools through dual enrollment in the public schools; eliminates the requirement that the commissioner of education make appointments to state-supported schools; relates to the committee on special education membership requirements; relates to transportation of students with disabilities parentally placed in a private school; establishes that all school districts are approved evaluators of preschool students suspected of having a disability; relates to the statute of limitations for special education due process hearings; relates to the selection of a preschool evaluator; relates to referrals to state adult service agencies for certain students with disabilities who have reached the age of 18; gives school districts or boards of cooperative educational services the option of advertising procurement bids in the state's opportunities newsletter; relates to the state smart growth public infrastructure criteria; relates to school omnibus signs complying with federal motor vehicle safety standards; authorizes the commissioner of education to conduct a study of the feasibility and desirability of authorizing school districts and boards of cooperative educational services to enter national credit card contracts; repeals provisions relating to the duties of the director of the division of veterans' affairs; repeals provisions relating to reports on certain children of Vietnam veterans; repeals provisions relating to subcommittees on special education; and repeals provisions relating to the requirement that boards of education develop plans and policies for appropriate declassification of students with disabilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-05-17 - REFERRED TO EDUCATION [S07843 Detail]
Download: New_York-2015-S07843-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7843 IN SENATE May 17, 2016 ___________ Introduced by Sen. MARCELLINO -- (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, in relation to establishing Earth day; in relation to mandate relief for school districts and certain other educational entities; in relation to removing references to subcommittees on special education; in relation to the provision of special education programs and services to students parentally placed in non-public schools through dual enrollment in the public schools; in relation to eliminating the requirement that the commissioner of education make appointments to state-supported schools; in relation to the committee on special education membership requirements; in relation to transportation of students with disabilities parentally placed in a private school; in relation to establishing that all school districts are approved evaluators of preschool students suspected of having a disability; in relation to the statute of limi- tations for special education due process hearings; in relation to the selection of a preschool evaluator; in relation to referrals to state adult service agencies for certain students with disabilities who have reached the age of 18; in relation to giving school districts or boards of cooperative educational services the option of advertising procurement bids in the state's opportunities newsletter; to amend the environmental conservation law, in relation to state smart growth public infrastructure criteria; to amend the vehicle and traffic law, in relation to school omnibus signs complying with federal motor vehi- cle safety standards; to authorize the commissioner of education to conduct a study of the feasibility and desirability of authorizing school districts and boards of cooperative educational services to enter national credit card contracts; to repeal subdivision 15 of section 353 of the executive law relating to the duties of the state director of the division of veterans' affairs; to repeal clause (h) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law relating to reports on certain children of Vietnam veterans; to repeal clause (d) of subparagraph 1 of paragraph b of subdivision 1 of section 4402 of the education law relating to subcom- mittees on special education; and to repeal clause (d-2) of subpara- graph 3 of paragraph b of subdivision 1 of section 4402 of the educa- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08752-04-6S. 7843 2 tion law relating to the requirement that boards of education develop plans and policies for appropriate declassification of students with disabilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 810 of the education law, as amended by chapter 616 2 of the laws of 1969 and subdivision 1 as amended by chapter 96 of the 3 laws of 1978, is amended to read as follows: 4 § 810. [Conservation] Earth day. [1. The last Friday in April each5year is hereby made and declared to be known as Conservation day, and6observed in accordance with the provisions of this chapter, except that7for the year nineteen hundred seventy-eight, Conservation day shall be8May third.92. It shall be the duty of the authorities of every public school in10this state to assemble the pupils in their charge on that day in the11school building, or elsewhere, as they may deem proper, and to provide12for and conduct (1) such exercises as shall tend to encourage the plant-13ing, protection and preservation of trees and shrubs, and an acquaint-14ance with the best methods to be adopted to accomplish such results, and15(2) such lectures, pictures or tours, as shall tend to increase the16interest and knowledge of such pupils in the fish and wild life, soil17and water of the state.183. The commissioner of education may prescribe from time to time a19course of exercises and instruction in the subjects hereinbefore20mentioned, which shall be adopted and observed by the public school21authorities on Conservation day. Upon receipt of copies of such course22sufficient in number to supply all the schools under their supervision,23the school authorities aforesaid shall promptly provide each of the24schools under their charge with a copy, and cause it to be observed] 25 Annually, it shall be the duty of the authorities of every public school 26 in this state to observe Earth day as they may deem proper and to 27 encourage instruction on the earth's natural environment as appropriate. 28 § 2. Paragraph a of subdivision 14 of section 305 of the education 29 law, as amended by chapter 273 of the laws of 1999, is amended to read 30 as follows: 31 a. All contracts for the transportation of school children, all 32 contracts to maintain school buses owned or leased by a school district 33 that are used for the transportation of school children, all contracts 34 for mobile instructional units, and all contracts to provide, maintain 35 and operate cafeteria or restaurant service by a private food service 36 management company shall be subject to the approval of the commissioner, 37 who may disapprove a proposed contract if, in his opinion, the best 38 interests of the district will be promoted thereby. Except as provided 39 in paragraph e of this subdivision, all such contracts involving an 40 annual expenditure in excess of the amount specified for purchase 41 contracts in the bidding requirements of the general municipal law shall 42 be awarded to the lowest responsible bidder, which responsibility shall 43 be determined by the board of education or the trustee of a district, 44 with power hereby vested in the commissioner to reject any or all bids 45 if, in his opinion, the best interests of the district will be promoted 46 thereby and, upon such rejection of all bids, the commissioner shall 47 order the board of education or trustee of the district to seek, obtain 48 and consider new proposals. All proposals for such transportation, main-S. 7843 3 1 tenance, mobile instructional units, or cafeteria and restaurant service 2 shall be in such form as the commissioner may prescribe. Advertisement 3 for bids shall be published in a newspaper or newspapers designated by 4 the board of education or trustee of the district having general circu- 5 lation within the district for such purpose or in the state's procure- 6 ment opportunities newsletter in accordance with article four-C of the 7 economic development law. Such advertisement shall contain a statement 8 of the time when and place where all bids received pursuant to such 9 advertisement will be publicly opened and read either by the school 10 authorities or by a person or persons designated by them. All bids 11 received shall be publicly opened and read at the time and place so 12 specified. At least five days shall elapse between the first publication 13 of such advertisement and the date so specified for the opening and 14 reading of bids. The requirement for competitive bidding shall not apply 15 to an award of a contract for the transportation of pupils or a contract 16 for mobile instructional units or the provision, maintenance and opera- 17 tion of cafeteria or restaurant service, if such award is based on an 18 evaluation of proposals in response to a request for proposals pursuant 19 to paragraph e of this subdivision. The requirement for competitive 20 bidding shall not apply to annual, biennial, or triennial extensions of 21 a contract nor shall the requirement for competitive bidding apply to 22 quadrennial or quinquennial year extensions of a contract involving 23 transportation of pupils, maintenance of school buses or mobile instruc- 24 tional units secured either through competitive bidding or through eval- 25 uation of proposals in response to a request for proposals pursuant to 26 paragraph e of this subdivision, when such extensions (1) are made by 27 the board of education or the trustee of a district, under rules and 28 regulations prescribed by the commissioner, and, (2) do not extend the 29 original contract period beyond five years from the date cafeteria and 30 restaurant service commenced thereunder and in the case of contracts for 31 the transportation of pupils, for the maintenance of school buses or for 32 mobile instructional units, that such contracts may be extended, except 33 that power is hereby vested in the commissioner, in addition to his 34 existing statutory authority to approve or disapprove transportation or 35 maintenance contracts, (i) to reject any extension of a contract beyond 36 the initial term thereof if he finds that amount to be paid by the 37 district to the contractor in any year of such proposed extension fails 38 to reflect any decrease in the regional consumer price index for the 39 N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban 40 consumers (CPI-U) during the preceding twelve month period; and (ii) to 41 reject any extension of a contract after ten years from the date trans- 42 portation or maintenance service commenced thereunder, or mobile 43 instructional units were first provided, if in his opinion, the best 44 interests of the district will be promoted thereby. Upon such rejection 45 of any proposed extension, the commissioner may order the board of 46 education or trustee of the district to seek, obtain and consider bids 47 pursuant to the provisions of this section. The board of education or 48 the trustee of a school district electing to extend a contract as 49 provided herein, may, in its discretion, increase the amount to be paid 50 in each year of the contract extension by an amount not to exceed the 51 regional consumer price index increase for the N.Y., N.Y.-Northeastern, 52 N.J. area, based upon the index for all urban consumers (CPI-U), during 53 the preceding twelve month period, provided it has been satisfactorily 54 established by the contractor that there has been at least an equivalent 55 increase in the amount of his cost of operation, during the period of 56 the contract.S. 7843 4 1 § 3. Paragraph e of subdivision 14 of section 305 of the education 2 law, as amended by chapter 464 of the laws of 1997, is amended to read 3 as follows: 4 e. Notwithstanding the provisions of any general, special or local law 5 or charter, a board of education or a trustee of a district, pursuant to 6 rules and regulations promulgated by the commissioner, may award a 7 contract for the transportation of pupils or a contract for mobile 8 instructional units or for the provision, maintenance and operation of 9 cafeteria or restaurant service by a private food service management 10 company involving an annual expenditure in excess of the amount speci- 11 fied for purchase contracts in the bidding requirements of the general 12 municipal law in compliance with the provisions of paragraph a of this 13 subdivision or subsequent to an evaluation of proposals submitted in 14 response to a request for proposals prepared by or for the board of 15 education or trustee of a district. A contract awarded through a request 16 for proposals shall be awarded based on best value in accordance with 17 section one hundred three of the general municipal law. The commission- 18 er, in addition to his existing statutory authority to approve or disap- 19 prove transportation contracts, may reject any award of a transportation 20 contract or a contract for mobile instructional units that is based on 21 an evaluation of proposals submitted in response to a request for 22 proposals if he finds that (1) the contractor is not the most responsive 23 to the request for proposals, or (2) that the best interests of the 24 district will be promoted thereby. 25 § 4. Subdivision 14 of section 305 of the education law is amended by 26 adding a new paragraph g to read as follows: 27 g. Notwithstanding the provisions of this subdivision, section one 28 hundred three of the general municipal law, or any other provision of 29 law to the contrary, the board of education shall be authorized to enter 30 into a piggyback contract with another school district that transports 31 students pursuant to a contract with a private transportation contrac- 32 tor, provided that the board finds that the contract cost is appropriate 33 and entry into a piggyback contract will result in a cost savings to the 34 school district. For purposes of this paragraph, a "piggyback contract" 35 means a contract for the transportation of students that: (1) provides 36 transportation to a location outside the students' school district of 37 residence to which another school district is already providing trans- 38 portation to its own students through an existing contract with a 39 private transportation contractor, other than a cooperatively bid 40 contract; (2) is entered into by the private transportation contractor 41 and each school district involved; and (3) provides for transportation 42 in accordance with the terms and conditions of such existing transporta- 43 tion contract. 44 § 5. Subdivision 1 of section 6-0107 of the environmental conservation 45 law, as added by chapter 433 of the laws of 2010, is amended to read as 46 follows: 47 1. In addition to meeting other criteria and requirements of law 48 governing approval, development, financing and state aid for the 49 construction of new or expanded public infrastructure or the recon- 50 struction thereof, no state infrastructure agency shall approve, under- 51 take, support or finance a public infrastructure project, including 52 providing grants, awards, loans or assistance programs, unless, to the 53 extent practicable, it is consistent with the relevant criteria speci- 54 fied in subdivision two of this section. Notwithstanding the provisions 55 of this subdivision or any other provision of this article to the 56 contrary, projects for the reconstruction, renovation, repair orS. 7843 5 1 improvement of existing public school facilities or existing library 2 facilities, and projects for the construction of new or expanded public 3 school or library facilities in cities having a population of one 4 hundred twenty-five thousand inhabitants or more, shall not be deemed 5 public infrastructure projects subject to the requirements of this arti- 6 cle. 7 § 6. Subparagraph 1 of paragraph (b) and paragraphs (c) and (d) of 8 subdivision 20 of section 375 of the vehicle and traffic law, subpara- 9 graph 1 of paragraph (b) as amended by chapter 242 of the laws of 1992, 10 paragraph (c) as amended by chapter 96 of the laws of 1973 and paragraph 11 (d) as amended by chapter 567 of the laws of 1985, are amended to read 12 as follows: 13 (1) In addition to such signal lamps, two signs shall be conspicuously 14 displayed on the exterior of every such omnibus designating it as a 15 school omnibus by the use of the words "SCHOOL BUS" which shall be 16 painted or otherwise inscribed thereon in black letters. Such letters 17 shall be of uniform size, at least eight inches in height, and each 18 stroke of each letter shall be not less than one inch in width. The 19 background of each such sign shall be painted [the color known as20"national school bus chrome"] on a background of retro reflective 21 national school bus yellow material. The material shall be the same 22 quality and type as federal motor vehicle safety standards require for 23 the marking of emergency exits. For each such omnibus having a seating 24 capacity in excess of fifteen children, such signs shall be securely 25 mounted on top of such vehicle, one of which shall be affixed on the 26 front and one on the rear thereof. For each such omnibus having a seat- 27 ing capacity of not more than fifteen children, such signs shall be 28 securely mounted on top of such vehicle, one of which shall face the 29 front and one of which shall face the rear thereof. Each such sign shall 30 be visible and readable from a point at least two hundred feet distant. 31 (c) [In the event such vehicle is operated on a public highway during32the period between one-half hour after sunset and one-half hour before33sunrise, the signs required by paragraph (b) of this subdivision shall34be illuminated as to be visible from a point at least five hundred feet35distant.36(d)] Every such omnibus shall be equipped as provided in paragraphs 37 (a) and (b) of this subdivision, [and such signs shall be displayed and38illuminated in accordance with paragraphs (b) and (c) of this subdivi-39sion,] and such signal lamps shall be operated as provided in paragraph 40 (a) of this subdivision at all times when such omnibus shall be engaged 41 in transporting pupils to and from school or school activities or in 42 transporting children to and from child care centers maintained for 43 children of migrant farm and food processing laborers, or in transport- 44 ing children to and from camp or camp activities or transporting chil- 45 dren to and from religious services or instruction or transporting 46 persons with disabilities on any such omnibus used by any state facility 47 or not-for-profit agency licensed by the state. 48 § 7. Subdivision 15 of section 353 of the executive law is REPEALED. 49 § 8. The commissioner of education, in consultation with the office of 50 the state comptroller, shall conduct a study of the feasibility and 51 desirability of authorizing school districts and boards of cooperative 52 educational services to enter national credit card contracts as a cost- 53 saving measure, with appropriate safeguards. The commissioner of educa- 54 tion shall submit a report to the board of regents, the governor and the 55 legislature by no later than January 15, 2017, with recommendations on 56 whether and under what conditions such credit card contracts should beS. 7843 6 1 authorized and identifying any legislative or regulatory changes that 2 would be needed to authorize such credit card contracts. 3 § 9. Subparagraph 2 of paragraph (b) of subdivision 4 of section 4 2590-b of the education law, as amended by chapter 345 of the laws of 5 2009, is amended to read as follows: 6 (2) advise and comment on the process of establishing committees 7 [and/or subcommittees] on special education in community school 8 districts pursuant to section forty-four hundred two of this chapter; 9 § 10. Paragraph (a) of subdivision 4 of section 2853 of the education 10 law, as amended by chapter 378 of the laws of 2007, is amended to read 11 as follows: 12 (a) For purposes of sections seven hundred one, seven hundred eleven, 13 seven hundred fifty-one and nine hundred twelve of this chapter, a char- 14 ter school shall be deemed a nonpublic school in the school district 15 within which the charter school is located. Special education programs 16 and services shall be provided to students with a disability attending a 17 charter school in accordance with the individualized education program 18 recommended by the committee [or subcommittee] on special education of 19 the student's school district of residence. The charter school may 20 arrange to have such services provided by such school district of resi- 21 dence or by the charter school directly or by contract with another 22 provider. Where the charter school arranges to have the school district 23 of residence provide such special education programs or services, such 24 school district shall provide services in the same manner as it serves 25 students with disabilities in other public schools in the school 26 district, including the provision of supplementary and related services 27 on site to the same extent to which it has a policy or practice of 28 providing such services on the site of such other public schools. 29 § 11. Paragraph (a) of subdivision 4 of section 2853 of the education 30 law, as added by chapter 4 of the laws of 1998, is amended to read as 31 follows: 32 (a) For purposes of sections seven hundred one, seven hundred eleven, 33 seven hundred fifty-one and nine hundred twelve of this chapter, a char- 34 ter school shall be deemed a nonpublic school in the school district 35 within which the charter school is located. Special education programs 36 and services shall be provided to students with a disability attending a 37 charter school in accordance with the individualized education program 38 recommended by the committee [or subcommittee] on special education of 39 the student's school district of residence. The charter school may 40 arrange to have such services provided by such school district of resi- 41 dence or by the charter school directly or by contract with another 42 provider. 43 § 12. Paragraph a of subdivision 1 and paragraph a and subparagraph 1 44 of paragraph b of subdivision 2 of section 3602-c of the education law, 45 paragraph a of subdivision 1 as amended by chapter 474 of the laws of 46 2004, paragraph a and subparagraph 1 of paragraph b of subdivision 2 as 47 amended by chapter 378 of the laws of 2007, are amended and a new para- 48 graph e is added to subdivision 2 to read as follows: 49 a. "Services" shall mean instruction in the areas of gifted pupils, 50 career education and education for students with disabilities, and coun- 51 seling, psychological and social work services related to such instruc- 52 tion provided during the regular school year for pupils enrolled in a 53 nonpublic school located in a school district, including special educa- 54 tion programs and related services as defined in subdivision two of 55 section forty-four hundred one of this chapter other than an approved 56 private residential or non-residential school for the education ofS. 7843 7 1 students with disabilities, provided that such instruction is given to 2 pupils enrolled in the public schools of such district. Such term shall 3 also include education for students with disabilities enrolled in such a 4 nonpublic school which is provided in July and August in accordance with 5 paragraph e of subdivision two of this section. 6 a. Boards of education of all school districts of the state shall 7 furnish services to students who are residents of this state and who 8 attend nonpublic schools located in such school districts, upon the 9 written request of the parent or person in parental relation of any such 10 student. Such a request for career education or services to gifted 11 students shall be filed with the board of education of the school 12 district in which the parent or person in parental relation of the 13 student resides on or before the first day of June preceding the school 14 year for which the request is made. In the case of education for 15 students with disabilities, such a request shall be filed with the trus- 16 tees or board of education of the school district of location on or 17 before the first of [June] April preceding the school year for which the 18 request is made[, or by July first, two thousand seven for the two thou-19sand seven--two thousand eight school year only,] for those students for 20 whom an individualized education service program was developed and 21 implemented pursuant to this section prior to such date, and on or 22 before the first of June preceding the school year for which the request 23 is made for those students who will be first receiving education for 24 students with disabilities pursuant to this section in the school year 25 for which the request is made or for whom an individualized education 26 service program is first developed and implemented on or after April 27 first and on or before June first; provided that where a student is 28 first identified as a student with a disability after the first day of 29 June preceding the school year for which the request is made, [or thirty30days after the chapter of the laws of two thousand seven which amended31this paragraph, takes effect where applicable, and prior to the first32day of April of such current school year,] such request shall be submit- 33 ted within thirty days after an individualized education service program 34 is developed for such student [is first identified. For students first35identified after March first of the current school year, any such36request for education for students with disabilities in the current37school year that is submitted on or after April first of such current38school year, shall be deemed a timely request for such services in the39following school year]. 40 (1) For the purpose of obtaining education for students with disabili- 41 ties, as defined in paragraph d of subdivision one of this section, such 42 request shall be reviewed by the committee on special education of the 43 school district of location, which shall develop an individualized 44 education service program for the student based on the student's indi- 45 vidual needs in the same manner and with the same contents as an indi- 46 vidualized education program, except as otherwise provided in this 47 subparagraph. The committee on special education shall assure that 48 special education programs and services are made available to students 49 with disabilities attending nonpublic schools located within the school 50 district on an equitable basis, as compared to special education 51 programs and services provided to other students with disabilities 52 attending public or nonpublic schools located within the school 53 district, except that there shall be no entitlement under this section 54 to the provision of a special class or integrated co-teaching services, 55 as such terms are defined in the regulations of the commissioner, by the 56 school district of location for all or part of the school day. Review ofS. 7843 8 1 the recommendation of the committee on special education may be obtained 2 by the parent or person in parental relation of the pupil pursuant to 3 the provisions of section forty-four hundred four of this chapter; 4 provided that a due process complaint, other than a due process 5 complaint relating to child find requirements brought pursuant to para- 6 graph c of this subdivision, submitted on or after September first, two 7 thousand twelve shall be submitted to mediation pursuant to section 8 forty-four hundred four-a of this chapter and at least one mediation 9 session shall be held prior to making a request for an impartial hearing 10 in accordance with a timeline prescribed by the commissioner. 11 e. A nonpublic school student whose disability is severe enough to 12 exhibit the need for a structured learning environment of twelve months 13 duration to maintain developmental levels shall be eligible to receive 14 special education programs and services in July and August in accordance 15 with the individualized education service program developed by the 16 committee on special education of the school district of location and 17 the provisions of section forty-four hundred eight of this chapter. 18 Provided, however, that during a July/August special education program, 19 a nonpublic school student shall not be entitled pursuant to this 20 section to placement in a special class or integrated co-teaching 21 services, as such terms are defined in the regulations of the commis- 22 sioner. Notwithstanding any other provision of law to the contrary, the 23 school district of location shall be eligible for state aid for such 24 services exclusively pursuant to section forty-four hundred eight of 25 this chapter. 26 § 13. Paragraph e of subdivision 2 of section 4002 of the education 27 law, as added by chapter 563 of the laws of 1980, is amended to read as 28 follows: 29 e. Appointment by the commissioner to a state [or state-supported] 30 school in accordance with article [eighty-five,] eighty-seven or eight- 31 y-eight of this chapter or enrollment in a state-supported school in 32 accordance with article eighty-five of this chapter. 33 § 14. Subdivision 2 of section 4201 of the education law is amended to 34 read as follows: 35 2. It shall be the duty of the commissioner: 36 a. To inquire into the organization of the several schools and the 37 methods of instruction employed therein. 38 b. To prescribe courses of study and methods of instruction that will 39 meet the requirements of the state for the education of [state] pupils 40 attending such schools. 41 c. [To make appointments of pupils to the several schools, to transfer42such pupils from one school to another as circumstances may require; to43cancel appointments for sufficient reason.44d.] To ascertain by a comparison with other similar institutions 45 whether any improvements in instruction and discipline can be made; and 46 for that purpose to appoint from time to time, suitable persons to visit 47 the schools. 48 [e.] d. To suggest to the directors of such institutions and to the 49 legislature such improvements as he shall judge expedient. 50 [f.] e. To make an annual report to the legislature on all of the 51 matters enumerated in this subdivision and particularly as to the condi- 52 tion of the schools, the improvement of the pupils, and their treatment 53 in respect to board and lodging. 54 § 15. Section 4203 of the education law is amended to read as follows: 55 § 4203. Persons eligible for [appointment] enrollment as pupils to 56 institutions for instruction of the deaf. All deaf children resident inS. 7843 9 1 this state, of the age of three years and upwards and of suitable capac- 2 ity, and who shall have been resident in this state for one year imme- 3 diately preceding the application, or, if an orphan, whose nearest 4 friend shall have been resident in this state for one year immediately 5 preceding the application, shall be eligible [to appointment] for 6 enrollment as [state] pupils in one of the institutions for the instruc- 7 tion of the deaf of this state, authorized by law to receive such 8 pupils; provided, however, the foregoing requirement as to length of 9 residence in this state may be waived in the discretion of the commis- 10 sioner [of education]. Placement in such institutions shall be recom- 11 mended by the committee on special education, or committee on preschool 12 special education where applicable, of the school district responsible 13 for educating such pupil, and such recommendation may include the 14 provision of special education programs and services in July or August 15 in accordance with the provisions of paragraph a of subdivision two of 16 section forty-four hundred two of this chapter. 17 § 16. Subdivision 3 of section 4204 of the education law, as amended 18 by section 51 of part A of chapter 58 of the laws of 2011, is amended to 19 read as follows: 20 3. The regular term of instruction of any such deaf pupil shall be 21 twelve years, or until the pupil shall have attained the age of eighteen 22 years before the expiration of twelve years from the beginning of such 23 term. The [commissioner] committee on special education may, in [his] 24 its discretion, [extend] recommend an extension of the term of any pupil 25 until [his] the date of the school year in which the pupil's twenty- 26 first birthday occurs and such pupil's eligibility ends pursuant to 27 subdivision five of section forty-four hundred two of this article for 28 the purpose of pursuing or completing academic or vocational courses of 29 study. Such pupils must be recommended by the trustees of the institu- 30 tion in which they are in attendance before the committee recommends 31 that such extension of time [is granted] be made. 32 § 17. Section 4206 of the education law, as amended by chapter 53 of 33 the laws of 1990, is amended to read as follows: 34 § 4206. Persons eligible for [appointment] enrollment as pupils [to] 35 in institutions for instruction of the blind. 1. All blind persons of 36 suitable age and capacity and who shall have been residents in this 37 state for one year immediately preceding the application or, if a minor, 38 whose parent or parents, or, if an orphan, whose nearest friend, shall 39 have been a resident in this state for one year immediately preceding 40 the application, shall be eligible for [appointment] enrollment as 41 [state] pupils to the New York Institute for Special Education in the 42 city of New York or the Lavelle School for the Blind in the city of New 43 York. 44 2. Blind babies and children of the age of fifteen years and under and 45 possessing the other qualifications prescribed in this article and 46 requiring kindergarten training or other special care and instruction, 47 shall be eligible for [appointment] enrollment as [state] pupils [by the48commissioner of education at his discretion] in any incorporated insti- 49 tution furnishing approved care, training and instruction for blind 50 babies and children, and any such child may be transferred to the New 51 York Institute for Special Education in the city of New York or the 52 Lavelle School for the Blind in the city of New York, to which he or she 53 would otherwise be eligible for [appointment] enrollment, upon arriving 54 at suitable age[, in the discretion of the commissioner of education]. 55 3. [All such appointments shall be made by the commissioner of educa-56tion.] The requirement of this section as to length of residence in thisS. 7843 10 1 state may be waived in the discretion of the commissioner [of educa-2tion]. 3 4. Placement in such institutions shall be recommended by the commit- 4 tee on special education, or committee on preschool special education 5 where applicable, of the school district responsible for educating such 6 pupil, and such recommendation may include the provision of special 7 education programs and services in July or August in accordance with the 8 provisions of paragraph a of subdivision two of section forty-four 9 hundred two of this title. 10 § 18. Subdivisions 3 and 4 of section 4207 of the education law, as 11 amended by section 54 of part A of chapter 58 of the laws of 2011, are 12 amended to read as follows: 13 3. The regular term of instruction of any such blind pupil in the New 14 York Institute for Special Education shall be eight years. The [commis-15sioner] committee on special education of the school district responsi- 16 ble for the education of the pupil, with the consent of the trustees of 17 the New York Institute for Special Education, may in [his] its 18 discretion [extend] recommend the extension of the term of any pupil for 19 a period not exceeding three years. It shall also be lawful for the 20 [commissioner] committee to continue such pupils [as state pupils] for 21 an additional period of three years for the purpose of pursuing or 22 completing a course of high school study[; such pupils must be recom-23mended by the trustees of the New York Institute for Special Education24before such extension is granted]. 25 4. The term of appointment for blind babies and children of the age of 26 fifteen years and under received into any institution in accordance with 27 this article shall be at the discretion of the [commissioner] the 28 committee on special education or preschool committee on special educa- 29 tion of the school district responsible for the education of the student 30 and the trustees of the New York Institute for Special Education. 31 § 19. Section 4213 of the education law, as added by chapter 496 of 32 the laws of 1986, is amended to read as follows: 33 § 4213. Other persons eligible for [appointment] enrollment. In 34 accordance with the provisions of the charter of the New York Institute 35 for Special Education, and amendments thereto, as issued by the board of 36 regents, children with [handicapping conditions] disabilities, other 37 than [handicapping conditions] disabilities which would establish eligi- 38 bility for [appointment] enrollment to the schools enumerated in this 39 article, shall be eligible for [appointment] enrollment to the New York 40 Institute for Special Education as [state] pupils. The provisions of 41 this article shall apply but not necessarily be limited to the [appoint-42ment] enrollment, education, maintenance and support of such pupils. 43 Such pupils eligible for [appointment] enrollment, pursuant to this 44 section, shall be persons over five and under twenty-one years of age 45 who have not received a high school diploma. 46 § 20. Paragraph d of subdivision 2 of section 4401 of the education 47 law, as amended by chapter 53 of the laws of 1990, is amended to read as 48 follows: 49 d. Appointment by the commissioner to a state school in accordance 50 with article eighty-seven or eighty-eight of this chapter or enrollment 51 in a state-supported school in accordance with article eighty-five of 52 this chapter. 53 § 21. Subparagraph 2 of paragraph b of subdivision 1 of section 4402 54 of the education law, as amended by chapter 352 of the laws of 2005, is 55 amended to read as follows:S. 7843 11 1 (2) Such committees [or subcommittees] shall review at least annually, 2 the status of each student with a disability and each student thought to 3 be disabled who is identified pursuant to paragraph a of this subdivi- 4 sion. Such review shall consider the educational progress and achieve- 5 ment of the student with a disability and the student's ability to 6 participate in instructional programs in regular education. 7 § 22. Subparagraph 2 of paragraph b of subdivision 1 of section 4402 8 of the education law, as amended by chapter 82 of the laws of 1995, is 9 amended to read as follows: 10 (2) Such committees [or subcommittees] shall identify, review and 11 evaluate at least annually, the status of each child with a [handicap-12ping condition] disability and each child thought to [be handicapped] 13 have a disability who resides within the school district. Such review 14 shall consider the educational progress and achievement of the child 15 with a [handicapping condition] disability and the child's ability to 16 participate in instructional programs in regular education. 17 § 23. Subparagraph 2 of paragraph b of subdivision 2 of section 4402 18 of the education law, as amended by chapter 391 of the laws of 1989, is 19 amended to read as follows: 20 (2) The board shall select the most reasonable and appropriate special 21 service or program for such children from those programs specified in 22 paragraphs a, b, c, paragraph d with respect to state supported schools 23 and paragraphs e, f, g, h, i, k, l and m of subdivision two of section 24 forty-four hundred one of this article upon receipt of the recommenda- 25 tion of the committee on special education. All contracts with schools 26 pursuant to the provisions of paragraphs d, e, f, g, h, l and m of 27 subdivision two of section forty-four hundred one of this article shall 28 be subject to the approval of the commissioner. All contracts under 29 paragraph c of subdivision two of section forty-four hundred one of this 30 article shall be made in accordance with the provisions of subdivision 31 four of section nineteen hundred fifty of this chapter. No child shall 32 be placed in a residential school nor shall a board recommend placement 33 in a residential facility specified in paragraph j of subdivision two of 34 section forty-four hundred one of this article unless there is no appro- 35 priate nonresidential school available consistent with the needs of the 36 child. The board shall provide written notice of its determination to 37 the parent or legal guardian of such child. If the determination of the 38 board of education is not consistent with the recommendations of the 39 committee on special education, such notice shall include the statement 40 of the reasons for such determination which shall identify the factors 41 considered by the committee on special education in its evaluation. 42 § 24. The opening paragraph of subparagraph 3 and subparagraph 3-a of 43 paragraph b of subdivision 1 of section 4402 of the education law, the 44 opening paragraph of subparagraph 3 as amended by chapter 53 of the laws 45 of 1991 and subparagraph 3-a as added by chapter 630 of the laws of 46 2008, are amended to read as follows: 47 The committee [or when applicable the subcommittee] shall: 48 (3-a) The members of the committee [or subcommittee] may compile a 49 list of appropriate and/or helpful services that may be available 50 outside of the school setting to provide the parents or person in 51 parental relation of a child with a disability with such information. 52 Such list shall clearly state that these services are in addition to 53 services supplied by the school district and will not be paid for by the 54 school district. Any member of a committee [or subcommittee] or his or 55 her respective school district who, acting reasonably and in good faith, 56 provides such information shall not be liable for such action.S. 7843 12 1 § 25. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of 2 section 4402 of the education law is REPEALED. 3 § 26. Subdivisions 8 and 9 of section 4403 of the education law, as 4 amended by chapter 273 of the laws of 1986, are amended to read as 5 follows: 6 8. To develop and distribute a handbook for parents of [handicapped] 7 children with disabilities and the members of committees [and subcommit-8tees] on special education, which handbook shall explain, in layman 9 terms, the financial and educational obligations of the state, the coun- 10 ty or city, the home school district, the committee on special educa- 11 tion, and the parent or legal guardian of a [handicapped] child with 12 disability, the special services or programs available pursuant to this 13 article, and the legal procedures available to an aggrieved parent or 14 legal guardian of a [handicapped] child with a disability. 15 9. To make provision by regulation of the commissioner to assure the 16 confidentiality of any personally identifiable data, information, and 17 records collected or maintained by the state department of education or 18 any school district, including a committee [or subcommittee] on special 19 education, and the officers, employees or members thereof, pursuant to 20 or in furtherance of the purposes of this article, and shall establish 21 procedures upon which any such personally identifiable data, informa- 22 tion, or records may be disclosed. 23 § 27. Subdivision 16 of section 4403 of the education law, as amended 24 by section 4 of part E of chapter 501 of the laws of 2012, is amended to 25 read as follows: 26 16. Commencing with the nineteen hundred eighty-seven--eighty-eight 27 school year, to provide for instruction during the months of July and 28 August of students with [handicapping conditions] disabilities who have 29 received state appointments pursuant to article [eighty-five,] eighty- 30 seven or eighty-eight of this chapter, and whose [handicapping condi-31tions, in the judgment of the commissioner,] disabilities are severe 32 enough to exhibit the need for a structured learning environment of 33 twelve months duration to maintain developmental levels, by making such 34 appointments for twelve months; provided that the initial term of 35 appointment of a student with a [handicapping condition] disability who 36 is the minimum age eligible for such a state appointment shall not 37 commence during the months of July or August. 38 § 28. The opening paragraph and clauses (a), (b) and (c) of subpara- 39 graph 1 of paragraph b of subdivision 1 of section 4402 of the education 40 law, the opening paragraph and clauses (a) and (c) as amended by chapter 41 311 of the laws of 1999, subclause (viii) of clause (a) as amended by 42 chapter 194 of the laws of 2004, clause (b) as amended by section 1 of 43 chapter 276 of the laws of 2012 and the closing paragraph of clause (b) 44 as amended by chapter 378 of the laws of 2007, are amended to read as 45 follows: 46 The board of education or trustees of each school district shall 47 establish committees [and/or subcommittees] on special education as 48 necessary to ensure timely evaluation and placement of pupils. The board 49 of education of the city school district of the city of New York, shall 50 establish at least one committee on special education in each of its 51 community school districts, provided that appointments to the community 52 school district committees shall be made upon the approval of the commu- 53 nity school board except that the board of education of the city school 54 district of the city of New York, may establish one committee to serve 55 more than one community school district, in which case, appointments 56 thereto shall be made upon the joint approval of the affected communityS. 7843 13 1 school boards; provided, however, that prior to such consolidation, the 2 board shall consider the relative caseload of the committee on special 3 education in each affected community school district, including but not 4 limited to the following factors: the number of students evaluated by 5 such committee; the number of referrals to special education in such 6 community school district; the ability to comply with mandated paperwork 7 and timelines; and other issues which the board deems pertinent. 8 (a) Such committees shall be composed of at least the following 9 members: (i) the parents or persons in parental relationship to the 10 student; (ii) one regular education teacher of the student whenever the 11 student is or may be participating in the regular education environment; 12 (iii) one special education teacher of the student, or, if appropriate, 13 a special education provider of the student; (iv) a school psychologist 14 where the purpose of the meeting is to determine a student's initial 15 eligibility for special education; (v) a representative of such school 16 district who is qualified to provide or administer or supervise special 17 education and is knowledgeable about the general curriculum and the 18 availability of resources of the school district; (vi) an individual who 19 can interpret the instructional implications of evaluation results; 20 (vii) [a school physician; (viii)] an additional parent, residing in the 21 school district or a neighboring school district, of a student with a 22 disability, of a student who has been declassified and is no longer 23 eligible for an individualized education program (IEP), or a parent of a 24 disabled child who has graduated, for a period of five years beyond the 25 student's declassification or graduation, provided such parent shall not 26 be employed by or under contract with the school district, and provided 27 further that such additional parent shall not be a required member [if] 28 unless the parents, the student or a member of the committee on special 29 education request that such additional parent member [not] participate 30 in accordance with clause (b) of this subparagraph; [(ix)] (viii) such 31 other persons having knowledge or special expertise regarding the 32 student as the school district or the parents or persons in parental 33 relationship to the student shall designate, to the extent required 34 under federal law; and [(x)] (ix) if appropriate, the student. 35 (b) In determining the composition of such committee pursuant to 36 clause (a) of this subparagraph, a school district may determine that a 37 member appointed pursuant to one of subclause (ii), (iii), (iv), (v) or 38 [(ix)] (viii) of clause (a) of this subparagraph also fulfills the 39 requirement of subclause (vi) of clause (a) of this subparagraph of a 40 member who is an individual who can interpret the instructional impli- 41 cations of evaluation results where such individuals are determined by 42 the school district to have the knowledge and expertise to do so and/or 43 that a member appointed pursuant to subclause (iii) or (iv) of clause 44 (a) of this subparagraph also fulfills the requirement of subclause (v) 45 of clause (a) of this subparagraph of a member who is a representative 46 of the school district. The regular education teacher of the student 47 shall participate in the development, review and revision of the indi- 48 vidualized education program for the student, to the extent required 49 under federal law. [The school physician need not be in attendance at50any meeting of the committee on special education unless specifically51requested in writing, at least seventy-two hours prior to such meeting52by the parents or other person in parental relation to the student in53question, the student, or a member of the committee on special educa-54tion. The parents or persons in parental relation of the student in55question shall receive proper written notice of their right to have the56school physician attend the meetings of the committee on special educa-S. 7843 14 1tion upon referral of said student to the committee on special education2or whenever such committee plans to modify or change the identification,3evaluation or educational placement of the student.] The additional 4 parent need not be in attendance at any meeting of the committee on 5 special education unless specifically requested in writing, at least 6 seventy-two hours prior to such meeting by the parents or other person 7 in parental relation to the student in question, the student, or a 8 member of the committee on special education. The parents or persons in 9 parental relation of the student in question shall receive proper writ- 10 ten notice of their right to have an additional parent attend any meet- 11 ing of the committee regarding the student along with a statement, 12 prepared by the department, explaining the role of having the additional 13 parent attend the meeting. The committee shall invite the appropriate 14 professionals most familiar with a student's disability or disabilities 15 to attend any meeting concerning the educational program for such 16 student. Except as otherwise provided in this clause or clause (b-1) or 17 (b-2) of this subparagraph, all members of such committee shall attend 18 meetings of the committee on special education. 19 Members of such committee shall serve at the pleasure of such board 20 and members who are neither employees of nor under contract with such 21 district shall serve without compensation except that such members shall 22 be entitled to a per diem to defray expenses incurred in such service, 23 provided, however, that any expense incurred shall be deemed an aidable 24 operating expense for purposes of state aid. 25 (c) Districts not having available personnel may share the services of 26 a local committee on special education with another school district or 27 contract with a board of cooperative educational services for such 28 personnel pursuant to regulations of the commissioner. [A district29having a subcommittee on special education may share the services of a30local committee on special education with another school district,31provided that a representative of such school district who is qualified32to provide or administer or supervise special education and is know-33ledgeable about the general curriculum and the availability of resources34of the school district shall be a member of such committee when it35convenes on behalf of a student who is a resident of such district.] 36 § 29. Clause (b) of subparagraph 1 of paragraph b of subdivision 1 of 37 section 4402 of the education law, as amended by section 2 of chapter 38 276 of the laws of 2012, is amended to read as follows: 39 (b) In determining the composition of such committee pursuant to 40 clause (a) of this subparagraph, a school district may determine that a 41 member appointed pursuant to one of subclause (ii), (iii), (iv), (v) or 42 [(ix)] (viii) of clause (a) of this subparagraph also fulfills the 43 requirement of subclause (vi) of clause (a) of this subparagraph of a 44 member who is an individual who can interpret the instructional impli- 45 cations of evaluation results where such individuals are determined by 46 the school district to have the knowledge and expertise to do so and/or 47 that a member appointed pursuant to subclause (iii) or (iv) of clause 48 (a) of this subparagraph also fulfills the requirement of subclause (v) 49 of clause (a) of this subparagraph of a member who is a representative 50 of the school district. The regular education teacher of the student 51 shall participate in the development, review and revision of the indi- 52 vidualized education program for the student, to the extent required 53 under federal law. [The school physician need not be in attendance at54any meeting of the committee on special education unless specifically55requested in writing, at least seventy-two hours prior to such meeting56by the parents or other person in parental relationship to the studentS. 7843 15 1in question, the student, or a member of the committee on special educa-2tion. The parents or persons in parental relationship of the student in3question shall receive proper written notice of their right to have the4school physician attend the meetings of the committee on special educa-5tion upon referral of said student to the committee on special education6or whenever such committee plans to modify or change the identification,7evaluation or educational placement of the student.] The additional 8 parent need not be in attendance at any meeting of the committee on 9 special education unless specifically requested in writing, at least 10 seventy-two hours prior to such meeting by the parents or other person 11 in parental relation to the student in question, the student, or a 12 member of the committee on special education. The parents or persons in 13 parental relation of the student in question shall receive proper writ- 14 ten notice of their right to have an additional parent attend any meet- 15 ing of the committee regarding the student along with a statement, 16 prepared by the department, explaining the role of having the additional 17 parent attend the meeting. The committee shall invite the appropriate 18 professionals most familiar with a student's disability or disabilities 19 to attend any meeting concerning the educational program for such 20 student. Members of such committee shall serve at the pleasure of such 21 board and members who are neither employees of nor under contract with 22 such district shall serve without compensation except that such members 23 shall be entitled to a per diem to defray expenses incurred in such 24 service, provided, however, that any expense incurred shall be deemed an 25 aidable operating expense for purposes of state aid. 26 § 30. Clause (d) of subparagraph 1 of paragraph b of subdivision 1 of 27 section 4402 of the education law is REPEALED. 28 § 31. Clause (d-2) of subparagraph 3 of paragraph b of subdivision 1 29 of section 4402 of the education law is REPEALED. 30 § 32. Subparagraphs 5 and 7 of paragraph b of subdivision 1 of section 31 4402 of the education law, subparagraph 5 as amended by chapter 256 of 32 the laws of 1988 and subparagraph 7 as amended by chapter 194 of the 33 laws of 1991, are amended to read as follows: 34 (5) The committee on special education or, in the case of a state 35 operated school, the multidisciplinary team shall [provide written36notice that a child who is placed in those residential programs speci-37fied in paragraphs d, g, h and l of subdivision two of section forty-38four hundred one of this article is not entitled to receive tuition free39educational services after the age of twenty-one, the receipt of a high40school diploma or the time described in subdivision five of this41section. Such written notice shall be provided to the child and to the42parents or legal guardian of such child when such child attains the age43of eighteen or, if such child is over the age of eighteen when placed in44such a residential program, at the time of placement. Upon the first45annual review after the age of fifteen of a child who is receiving non-46residential special services or programs as specified in paragraph a, b,47c, d, e, f, i, j, l or m of subdivision two of section forty-four48hundred one of this article, or is receiving special services or49programs in a day program at the human resources school; is receiving50such special services or programs one hundred per centum of the school51day; is receiving individualized attention or intervention because of52intensive management needs or a severe handicap; and, as determined by53the committee on special education or multidisciplinary team pursuant to54regulations promulgated by the commissioner, may need adult services55from the office of mental health, office of mental retardation and56developmental disabilities, the state department of social services, aS. 7843 16 1social services district, or the state education department, the commit-2tee or multidisciplinary team shall provide to such child's parent or3guardian, and if such child is eighteen years of age or older, to the4child, written notice that such child is not entitled to receive tuition5free educational services after the receipt of a high school diploma,6the age of twenty-one or the time described in subdivision five of this7section.] not later than the annual review prior to the eighteenth 8 birthday of a student with a disability who is placed in a residential 9 program by the committee or multidisciplinary team, or a student with a 10 disability who is placed in a day program but the committee or multidis- 11 ciplinary team has determined that the student is likely to require 12 adult residential services, with the consent of the parents, notify and 13 invite a representative of the office of mental health, office for 14 people with developmental disabilities, or the state education depart- 15 ment, as appropriate, to participate in the committee on special educa- 16 tion meeting for the development of a recommendation for adult services 17 pursuant to section 7.37 or 13.37 of the mental hygiene law, section 18 three hundred ninety-eight-c of the social services law or section 19 forty-four hundred three of this article. The committee or multidisci- 20 plinary team shall give the parent or guardian of the child, the oppor- 21 tunity to consent in writing to the release of relevant information to 22 such other public agency or agencies, upon request of such agency or 23 agencies, for purposes of determining appropriateness of an adult 24 program for such student. 25 (a) [Written notice given pursuant to this subparagraph shall describe26in detail the opportunity to consent to have the child's name and other27relevant information forwarded in a report to the commissioner of mental28health, commissioner of mental retardation and developmental disabili-29ties, commissioner of social services, or commissioner of education, or30their designees, for the purpose of determining whether such child will31likely need adult services and, if so, recommending possible adult32services.] For the purposes of this subparagraph "relevant information" 33 shall be defined as that information in the possession of and used by 34 the committee or the multidisciplinary team to ascertain the physical, 35 mental, emotional and cultural-educational factors which contribute to 36 the [child's handicapping condition] student's disability, including but 37 not limited to: (i) results of physical and psychological examinations 38 performed by private and school district physicians and psychologists; 39 (ii) relevant information presented by the parent, guardian and teacher; 40 (iii) school data which bear on the [child's] student's progress includ- 41 ing the [child's] student's most recent individualized education 42 program; (iv) results of the most recent examinations and evaluations 43 performed pursuant to clause (d) of subparagraph three of this para- 44 graph; and (v) results of other suitable evaluations and examinations 45 possessed by the committee or multidisciplinary team. Nothing in this 46 subparagraph shall be construed to require any committee or multidisci- 47 plinary team to perform any examination or evaluation not otherwise 48 required by law. 49 (b) Upon consent obtained pursuant to [clause (c) of] this subpara- 50 graph, the committee or multidisciplinary team shall forward the 51 [child's] student's name and other relevant information in a report to 52 the [commissioner of mental health, commissioner of mental retardation53and developmental disabilities, commissioner of social services, or54commissioner of education, or their designees, for the development of a55recommendation for adult services pursuant to section 7.37 or 13.37 of56the mental hygiene law, section three hundred ninety-eight-c of theS. 7843 17 1social services law or subdivision ten of section forty-four hundred2three of this article. The] appropriate public agency as determined by 3 the committee or multidisciplinary team [shall determine which commis-4sioner shall receive the report by considering], based upon the [child's5handicapping condition] student's disability and physical, mental, 6 emotional and social needs. The committee shall forward additional and 7 updated relevant information to the [commissioner of mental health,8commissioner of mental retardation and developmental disabilities,9commmissioner of social services, or commissioner of education, or their10designees,] appropriate public agency upon the request for such informa- 11 tion by such [commissioner or designee] agency, with the consent of the 12 parents, or the student, if such student is eighteen years or older. 13 (c) [Upon receipt of the notice by the child pursuant to this subpara-14graph, the child, if eighteen years of age or older, shall be given the15opportunity to consent or withhold consent to the release of the rele-16vant information. Such opportunity shall be given within twenty days of17the receipt of the notice. An appropriate member of the staff of the18educational facility shall be available to assist the child, if neces-19sary, to understand the contents of the notice and the need for his or20her consent for the release of the relevant information. A form,21prescribed by the commissioner, shall be presented to the child for22response, which shall clearly set forth the options of giving consent or23withholding consent. In the event that the child exercises neither24option, and the designated member of the staff of the educational facil-25ity has reason to believe that the child may not be able to understand26the purpose of the form, or in the event that the child is less than27eighteen years of age, the committee on special education or the multi-28disciplinary team shall give the parent or guardian of the child the29opportunity to consent in writing to the release of the relevant infor-30mation. Nothing in this clause shall be construed to be a determination31of the child's mental capacity.32(d)] When the committee or multidisciplinary team is notified by the 33 [commissioner who] public agency which received the report that such 34 state agency is not responsible for determining and recommending adult 35 services for the child, the committee or multidisciplinary team shall 36 forward the report to another [commissioner] public agency; or, if the 37 committee or multidisciplinary team determines that there exists a 38 dispute as to which state agency has the responsibility for determining 39 and recommending adult services, the committee or multidisciplinary team 40 may forward the report to the council on children and families for a 41 resolution of such dispute. 42 [(e) The committee and multidisciplinary team shall prepare and submit43an annual report to the state education department on or before October44first of each year. Such annual report shall contain the number of cases45submitted to each commissioner pursuant to clause (b) or (d) of this46subparagraph, the type and severity of the handicapping condition47involved with each such case, the number of notices received which deny48responsibility for determining and recommending adult services, and49other information necessary for the state education department and the50council on children and families to monitor the need for adult services.51Such annual report shall not contain individually identifying informa-52tion. The state education department shall forward a copy of such annual53report to the council on children and families. All information received54by the council on children and families pursuant to this subparagraph55shall be subject to the confidentiality requirements of the department.S. 7843 18 1(f) For purposes of this subparagraph, the term "multidisciplinary2team" refers to the unit which operates in lieu of a committee on3special education with respect to children in state operated schools.4(7)] (6) The committee on special education shall provide a copy of 5 the handbook for parents of children with [handicapping conditions] 6 disabilities established under subdivision eight of section four thou- 7 sand four hundred three of this article or a locally approved [hand-8icapped] booklet for parents of children with disabilities to the 9 parents or person in parental relationship to a child as soon as practi- 10 cable after such child has been referred for evaluation to the committee 11 on special education. 12 § 33. Paragraph d of subdivision 4 of section 4402 of the education 13 law, as amended by chapter 646 of the laws of 1992, is amended to read 14 as follows: 15 d. Notwithstanding any other provision of law, such board shall 16 provide suitable transportation up to a distance of fifty miles to and 17 from a nonpublic school which a [child] student with a [handicapping18condition] disability attends if such [child] student has been so iden- 19 tified by the local committee on special education and such [child] 20 student attends such school for the purpose of receiving services or 21 programs from such nonpublic school that are similar to special [educa-22tional programs] education programs and services recommended for such 23 [child] student by the local committee on special education. Notwith- 24 standing any other provision of law to the contrary, a nonpublic student 25 receiving transportation pursuant to this paragraph shall not be enti- 26 tled to special education programs and services from the school district 27 of location pursuant to section thirty-six hundred two-c of this chap- 28 ter. As a condition of eligibility for such transportation, the parent 29 or person in parental relation to the student shall consent to the 30 provision of notice by the school district of residence to the chair- 31 person of the committee on special education of the school district in 32 which the nonpublic school is located identifying such student, by name, 33 address and school of attendance, as a student receiving transportation 34 pursuant to this paragraph. The school district of residence shall 35 provide such notice no later than thirty days after commencing such 36 transportation. 37 § 34. Paragraph a of subdivision 1 of section 4404 of the education 38 law, as amended by chapter 430 of the laws of 2006, is amended to read 39 as follows: 40 a. If the parent or person in parental relation of a student, the 41 board of education or trustees of a school district or a state agency 42 responsible for providing education to students with disabilities 43 presents a complaint with respect to any matter relating to the iden- 44 tification, evaluation or educational placement of the student or the 45 provision of a free appropriate public education to the student or a 46 manifestation determination or other matter relating to placement upon 47 discipline of a student with a disability that may be the subject of an 48 impartial hearing pursuant to subsection (k) of section fourteen hundred 49 fifteen of title twenty of the United States code and the implementing 50 federal regulations, and the party presenting the complaint or their 51 attorney provides a due process complaint notice in accordance with 52 federal law and regulations and such complaint sets forth an alleged 53 violation that occurred not more than [two years] one year before the 54 date the parent or public agency knew or should have known about the 55 alleged action that forms the basis for the complaint, or in the case of 56 a complaint seeking tuition reimbursement for the unilateral parentalS. 7843 19 1 placement of a student in a private school, such tuition claim is 2 presented not more than one hundred eighty days from the placement by 3 the parent or person in parental relation in the private school, 4 provided that the student shall be deemed placed for such purpose on the 5 first day the student is enrolled in and is liable for tuition in the 6 private school, the board or agency shall appoint an impartial hearing 7 officer to review the due process complaint notice when challenged and, 8 if the matter is not resolved in a resolution session that has been 9 convened as required by federal law, to preside over an impartial due 10 process hearing and make a determination within such period of time as 11 the commissioner by regulation shall determine, provided that the board 12 of education or trustees shall offer the parent or person in parental 13 relation the option of mediation pursuant to section forty-four hundred 14 four-a of this article as an alternative to an impartial hearing. Where 15 the parent or person in parental relation or a school district or public 16 agency presents a complaint, the school district or public agency 17 responsible for appointing the impartial hearing officer shall provide 18 the parent or person in parental relation with a procedural safeguards 19 notice as required pursuant to subsection (d) of section fourteen 20 hundred fifteen of title twenty of the United States code and the imple- 21 menting federal regulations. Notwithstanding any provision of this 22 subdivision to the contrary, the time limitation on presenting a 23 complaint shall not apply to a parent or person in parental relation to 24 the student if the parent or person in parental relation was prevented 25 from requesting the impartial hearing due to specific misrepresentations 26 by the school district or other public agency that it had resolved the 27 problem forming the basis of the complaint or due to the school 28 district's or other public agency's withholding of information from the 29 parent or person in parental relation that was required under federal 30 law to be provided. Nothing in this subdivision shall be construed to 31 authorize the board of education or trustees to bring an impartial hear- 32 ing to override the refusal of a parent or person in parental relation 33 to consent where a local educational agency is prohibited by federal law 34 from initiating such a hearing. 35 § 35. Paragraph b of subdivision 4 of section 4410 of the education 36 law, as added by chapter 243 of the laws of 1989, is amended to read as 37 follows: 38 b. Each board shall, within time limits established by the commission- 39 er, be responsible for providing the parent of a preschool child 40 suspected of having a [handicapping condition] disability with a list of 41 approved evaluators in the geographic area. The [parent may select the42evaluator from such list] school district shall, after providing the 43 parent with a list of approved preschool evaluators and obtaining parent 44 consent to evaluate, arrange for an evaluation by the service provider 45 selected by the district who can provide the evaluation of the student 46 within the timeline required by the department. In selecting the evalu- 47 ator, the district shall consider the parent's expressed preference, if 48 any, for the evaluator. Each board shall provide for dissemination of 49 the list and other information to parents at appropriate sites including 50 but not limited to pre-kindergarten, day care, head start programs and 51 early childhood direction centers, pursuant to regulations of the 52 commissioner. 53 § 36. Paragraphs (a) and (c) of subdivision 9-a of section 4410 of the 54 education law, paragraph (a) as amended by chapter 581 of the laws of 55 2011 and paragraph (c) as added by chapter 82 of the laws of 1995, are 56 amended to read as follows:S. 7843 20 1 (a) A [school district or a] group of appropriately licensed and/or 2 certified professionals associated with a public or private agency may 3 apply to the commissioner for approval as an evaluator on a form 4 prescribed by the commissioner. The commissioner shall approve evalu- 5 ators pursuant to this subdivision consistent with the approval process 6 for the multi-disciplinary evaluation component of programs approved 7 pursuant to subdivision nine of this section consistent with regulations 8 adopted pursuant to such subdivision. All school districts are deemed 9 approved evaluators of preschool students suspected of having a disabil- 10 ity without the need to submit an application to the commissioner. 11 Such application shall include, but not be limited to, a description 12 of the multi-disciplinary evaluation services proposed to be provided 13 and a demonstration that all agency employees and staff who provide such 14 evaluation services shall have appropriate licensure and/or certif- 15 ication and that the individual who shall have direct supervision 16 responsibilities over such staff shall have an appropriate level of 17 experience in providing evaluation or services to preschool or kinder- 18 garten-aged children with disabilities. To be eligible for approval as 19 an evaluator under this subdivision on and after July first, two thou- 20 sand eleven, a group of appropriately licensed or certified profes- 21 sionals shall be formed as a limited liability company or professional 22 services corporation established pursuant to article fifteen of the 23 business corporation law, article twelve or thirteen of the limited 24 liability company law or article eight-B of the partnership law. The 25 approval of any groups of licensed or certified professionals that are 26 in existence on July first, two thousand eleven and would not be eligi- 27 ble for approval thereafter shall terminate on July first, two thousand 28 thirteen. 29 (c) The commissioner shall establish a billing and reimbursement 30 system for services provided by school districts and evaluators approved 31 pursuant to the provisions of this subdivision consistent with billing 32 and reimbursement for evaluation services provided by evaluators 33 approved pursuant to the provisions of subdivision nine of this section. 34 § 37. Paragraph c of subdivision 1 of section 4410-b of the education 35 law, as added by chapter 6 of the laws of 2000, is amended to read as 36 follows: 37 c. "IEP team" means a committee on special education[, a subcommittee38on special education,] or a committee on preschool special education [or39a subcommittee on preschool special education]. 40 § 38. This act shall take effect July 1, 2016, provided that if this 41 act shall become a law after such date, it shall take effect immediately 42 and shall be deemed to have been in full force and effect on and after 43 July 1, 2016 and provided further, nothing in section six of this act 44 shall be construed to require the retrofitting of school buses purchased 45 prior to the effective date of this act, and provided further that: 46 (a) the amendments to subparagraph 2 of paragraph (b) of subdivision 4 47 of section 2590-b of the education law made by section nine of this act 48 shall not affect the repeal of such subdivision or the expiration of 49 such section and shall be deemed to repeal or expire therewith; 50 (b) the amendments to paragraph (a) of subdivision 4 of section 2853 51 of the education law made by section ten of this act shall be subject to 52 the expiration and reversion of such paragraph pursuant to chapter 378 53 of the laws of 2007, as amended, when upon such date the provisions of 54 section eleven of this act shall take effect;S. 7843 21 1 (c) the amendments to subdivision 2 of section 3602-c of the education 2 law made by section twelve of this act shall not affect the expiration 3 of such subdivision and shall be deemed to expire therewith; 4 (d) the amendments to subparagraph 2 of paragraph b of subdivision 1 5 of section 4402 of the education law made by section twenty-one of this 6 act shall be subject to the expiration and reversion of such subpara- 7 graph pursuant to chapter 352 of the laws of 2005, as amended, when upon 8 such date the provisions of section twenty-two of this act shall take 9 effect; 10 (e) the amendments to clause (b) of subparagraph 1 of paragraph b of 11 subdivision 1 of section 4402 of the education law made by section twen- 12 ty-eight of this act shall be subject to the expiration and reversion of 13 such clause pursuant to chapter 378 of the laws of 2007, as amended, 14 when upon such date the provisions of section twenty-nine of this act 15 shall take effect; 16 (f) the amendments to paragraph a of subdivision 1 of section 4404 of 17 the education law made by section thirty-four of this act shall not 18 affect the expiration of such subdivision and shall be deemed to expire 19 therewith; and 20 (g) the amendments to paragraphs (a) and (c) of subdivision 9-a of 21 section 4410 of the education law made by section thirty-six of this act 22 shall not affect the repeal of such subdivision and shall be deemed 23 repealed therewith.
