senate Bill S7722A

Vetoed

Relates to determinations of appropriate educational programs for certain students

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor
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actions

  • 15 / Jun / 2012
    • REFERRED TO RULES
  • 18 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO RULES
  • 18 / Jun / 2012
    • PRINT NUMBER 7722A
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1422
  • 21 / Jun / 2012
    • PASSED SENATE
  • 21 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2012
    • REFERRED TO WAYS AND MEANS
  • 21 / Jun / 2012
    • SUBSTITUTED FOR A10722A
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.506
  • 21 / Jun / 2012
    • PASSED ASSEMBLY
  • 21 / Jun / 2012
    • RETURNED TO SENATE
  • 20 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2012
    • VETOED MEMO.130

Summary

Relates to determinations of appropriate educational programs for certain students.

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Bill Details

See Assembly Version of this Bill:
A10722A
Versions:
S7722
S7722A
Legislative Cycle:
2011-2012
Law Section:
Education Law
Laws Affected:
Amd ยงยง4402 & 4404, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
A10722A

Sponsor Memo

BILL NUMBER:S7722A

TITLE OF BILL:
An act to amend the education law, in relation to determinations of
appropriate educational programs for certain students

PURPOSE OR GENERAL IDEA OF BILL:
This purpose of this bill is provide for a special education placement
process that will help ensure students with disabilities are placed in
the appropriate programs and receive tuition reimbursement in a timely
manner.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill requires the committee to consider the
educational impact differences between the school environment and the
child's home environment and family background may have on the child's
ability to receive a free appropriate public education.

Section 2 of the bill requires a school district to provide tuition
reimbursement for a child unless the CSE amends or modifies the
child's IEP. This section also requires a school district to grant or
deny a parent's request for tuition reimbursement within 90 days. If
the request is granted, tuition must be provided within 30 days from
the date the request was granted.

Section 3 of the bill contains the effective date.

JUSTIFICATION:
Will provide for a special education placement process that will help
ensure students with disabilities are placed in the appropriate
programs and receive tuition reimbursement in a timely manner.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATION:
Undetermined

EFFECTIVE DATE:
Immediately; provided, however, the amendments to clause (b) of
subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the
education law made by section one of this act shall not affect the
expiration of such clause and shall be deemed to expire therewith;
provided, further, however, that the amendments made to subdivision 1
of section 4404 of the education law made by section two of this act
shall not affect the expiration of such subdivision and shall be
deemed to expire therewith.

view bill text
                    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:

  Section 1. Subclause (i) of clause (b) of subparagraph 3 of  paragraph
b  of  subdivision 1 of section 4402 of the education law, as amended by
chapter 378 of the laws of 2007, is amended to read as follows:
  (i) Make recommendations based upon a written evaluation setting forth
the reasons for the recommendations, to the child's parent or person  in
parental  relation  and board of education or trustees as to appropriate
educational programs and placement in accordance with the provisions  of
subdivision six of section forty-four hundred one-a of this article, and
as  to the advisability of continuation, modification, or termination of
special class or program placements which evaluation shall be  furnished
to  the  child's parent or person in parental relation together with the
recommendations provided, however that the  committee  may  recommend  a
placement  in a school which uses psychotropic drugs only if such school
has a written policy pertaining to such  use  that  is  consistent  with
subdivision  four-a  of section thirty-two hundred eight of this chapter
and that the parent or person in parental relation is given such written
policy at the time such recommendation is  made.  THE  DETERMINATION  OF
APPROPRIATE  EDUCATIONAL  PROGRAMS  AND PLACEMENTS SHALL INCLUDE, UPON A
REQUEST BY A CHILD'S PARENT OR PERSON IN PARENTAL RELATION,  A  DETERMI-
NATION OF THE CHILD'S ABILITY TO LEARN IN ANY GIVEN EDUCATIONAL ENVIRON-
MENT.  SUCH  DETERMINATION  SHALL  TAKE INTO ACCOUNT ANY POSSIBLE EDUCA-
TIONAL IMPACT DIFFERENCES BETWEEN THE SCHOOL ENVIRONMENT AND THE CHILD'S
HOME ENVIRONMENT AND FAMILY BACKGROUND MAY HAVE ON THE  CHILD'S  ABILITY
TO RECEIVE A FREE APPROPRIATE PUBLIC EDUCATION. SUCH DETERMINATION SHALL
INCLUDE  DOCUMENTATION  AS  TO  WHETHER  THESE  FACTORS WOULD AFFECT THE
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

the  parent  or  person  in  parental relation, such parent or person in
parental relation may appeal such  recommendation  as  provided  for  in
section  forty-four  hundred  four  of this [chapter] ARTICLE.  PROVIDED
FURTHER THAT PURSUANT TO SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE
A  SCHOOL  DISTRICT  SHALL  GRANT OR DENY A PARENT'S REQUEST FOR TUITION
REIMBURSEMENT WITHIN NINETY DAYS FROM THE DATE SUCH REQUEST IS RECEIVED.
IF THE SCHOOL DISTRICT GRANTS THE  REQUEST  FOR  TUITION  REIMBURSEMENT,
SUCH  TUITION REIMBURSEMENT MUST BE PROVIDED WITHIN THIRTY DAYS FROM THE
DATE THE REQUEST WAS GRANTED.
  S 2. Paragraph a of subdivision 1 of section 4404 of the education law
is amended by adding a new closing paragraph to read as follows:
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO  THE
CONTRARY,  UPON  A WRITTEN SETTLEMENT AGREEMENT BETWEEN A CHILD'S PARENT
OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OR TRUSTEES OF
A SCHOOL DISTRICT OR A STATE AGENCY, OR THE  DECISION  OF  AN  IMPARTIAL
HEARING  OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILAT-
ERAL PARENTAL PLACEMENT WAS APPROPRIATE AND THAT  TUITION  REIMBURSEMENT
SHOULD BE GRANTED FOR SUCH UNILATERAL PLACEMENT, SUCH TUITION REIMBURSE-
MENT  SHALL  CONTINUE UNTIL THE COMMITTEE ON SPECIAL EDUCATION AMENDS OR
MODIFIES THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM.
  S 3. This act shall take effect immediately;  provided,  however,  the
amendments to clause (b) of subparagraph 3 of paragraph b of subdivision
1  of  section 4402 of the education law made by section one of this act
shall not affect the expiration of such clause and shall  be  deemed  to
expire  therewith;  provided, further, however, that the amendments made
to subdivision 1 of section 4404 of the education law  made  by  section
two  of this act shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.

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