Bill Text: NY S08823 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the handling of appeals regarding recommendations for children with handicapping conditions; extends certain provisions of law relating thereto.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-20 - RECOMMITTED TO RULES [S08823 Detail]

Download: New_York-2017-S08823-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8823
                    IN SENATE
                                      May 23, 2018
                                       ___________
        Introduced  by  Sen.  FELDER -- 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  the  handling  of
          appeals  regarding  recommendations  for  children  with  handicapping
          conditions; to amend chapter 352 of the laws  of  2005,  amending  the
          education  law  relating  to implementation of the federal individuals
          with disabilities education improvement act of 2004,  in  relation  to
          the  effectiveness  thereof;  and  to amend chapter 378 of the laws of
          2007, amending the education law relating to the implementation of the
          federal individuals with disabilities  education  improvement  act  of
          2004, in relation to the effectiveness thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Item (i) of clause (b) of subparagraph 3 of paragraph b  of
     2  subdivision  1 of section 4402 of the education law, as amended by chap-
     3  ter 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. If  such  recommendation
    18  is  not  acceptable  to  the parent or person in parental relation, such
    19  parent or person in parental relation may appeal such recommendation  as
    20  provided  for in section forty-four hundred four of this [chapter] arti-
    21  cle. Provided, further, that in a school district in  a  city  having  a
    22  population  of one million or more a parent's appeal of such recommenda-
    23  tion shall be resolved, either through the granting  or  denial  of  the
    24  appeal by an impartial hearing officer, or by a state review officer, or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15498-04-8
        S. 8823                             2
     1  by  a  court,  or  by  the signing of a settlement agreement between the
     2  parent or person in parental relation and the board of education of  the
     3  school  district  in the city having a population of one million or more
     4  or state agency.
     5    § 2. Paragraph a of subdivision 1 of section 4404 of the education law
     6  is amended by adding a new closing paragraph to read as follows:
     7    Notwithstanding  any other provision of law, rule or regulation to the
     8  contrary, in a school district in a city  having  a  population  of  one
     9  million  or  more,  upon  the  decision of an impartial hearing officer,
    10  state review officer, or by a court finding, or  by  the  signing  of  a
    11  settlement  agreement  between the parent or person in parental relation
    12  and the board of education of the school district in the city  having  a
    13  population  of  one million or more or a state agency, that a unilateral
    14  parental placement shall be made and  that  tuition  payments  shall  be
    15  granted  for  such unilateral placement, then such placement and tuition
    16  payments shall continue for no less than three years, with such uninter-
    17  rupted payments being at the same percentage of the total  tuition  cost
    18  as  the  previous  year's  payments,  unless  and until the committee on
    19  special education determines that the child's needs can be met in anoth-
    20  er public or approved private school program  and  where  such  determi-
    21  nation  was based upon a significant revision to the child's individual-
    22  ized education program that is caused by a  substantial  change  to  the
    23  child's  disability status that requires the committee to recommend such
    24  new placement; provided however that  where  the  parent  or  person  in
    25  parental  relation  brings  a  due  process proceeding to challenge such
    26  revised, new placement, the  unilateral  parental  placement  for  which
    27  tuition payment was granted shall be the pendency placement, as provided
    28  in subdivision four of this section.
    29    §  3.  Section  22  of  chapter  352 of the laws of 2005, amending the
    30  education law relating to implementation of the federal individuals with
    31  disabilities education improvement act of 2004, as amended by chapter 35
    32  of the laws of 2015, is amended to read as follows:
    33    § 22. This act shall take effect July 1, 2005, provided,  however,  if
    34  this  act  shall become a law after such date it shall take effect imme-
    35  diately and shall be deemed to have been in full force and effect on and
    36  after July 1, 2005; and provided further,  however,  that  sections  one
    37  through  four and six through twenty-one of this act shall expire and be
    38  deemed repealed June 30, [2018] 2021, and section five of this act shall
    39  expire and be deemed repealed June 30, [2018] 2021.
    40    § 4. Subdivision d of section 27 of chapter 378 of the laws  of  2007,
    41  amending  the  education  law  relating to implementation of the federal
    42  individuals with disabilities education  improvement  act  of  2004,  as
    43  amended  by  chapter  35  of  the  laws  of  2015, is amended to read as
    44  follows:
    45    d. the provisions of this act shall expire and be deemed repealed June
    46  30, [2018] 2021.
    47    § 5. This act shall take effect immediately; provided,  however,  that
    48  the  amendments to item (i) of clause (b) of subparagraph 3 of paragraph
    49  b of subdivision 1 of section 4402 of the education law made by  section
    50  one of this act shall not affect the expiration of such clause and shall
    51  be  deemed  to  expire  therewith;  provided  further, however, that the
    52  amendments to subdivision 1 of section 4404 of the education law made by
    53  section two of this act shall not affect the expiration of such subdivi-
    54  sion and shall be deemed to expire therewith.