S T A T E   O F   N E W   Y O R K
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                                  7729

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2013
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT to amend the  education  law,  in  relation  to  eliminating  the
  requirement for written parental consent prior to initial placement of
  a student with a disability in a July/August program;

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a of subdivision 2 of section 4402 of the  educa-
tion  law,  as amended by chapter 243 of the laws of 1989, is amended to
read as follows:
  a. The board of education or trustees of each school district shall be
required to furnish suitable  educational  opportunities  for  [children
with  handicapping  conditions] STUDENTS WITH DISABILITIES by one of the
special services or  programs  listed  in  subdivision  two  of  section
forty-four hundred one OF THIS ARTICLE. The need of the individual child
shall  determine which of such services shall be rendered. Each district
shall provide to the maximum  extent  appropriate  such  services  in  a
manner  which  enables  [children with handicapping conditions] STUDENTS
WITH DISABILITIES to participate  in  regular  education  services  when
appropriate.  Such  services  or programs shall be furnished between the
months of September and June of each year, except that for the  nineteen
hundred  eighty-seven--eighty-eight  school  year  and  thereafter, with
respect to the students whose [handicapping conditions] DISABILITIES are
severe enough to exhibit the need for a structured learning  environment
of twelve months duration to maintain developmental levels, the board of
education or trustees of each school district upon the recommendation of
the  committee  on  special  education  [and, in the first instance, the
consent of the  parent]  shall  also  provide,  either  directly  or  by
contract,  for the provision of special services and programs as defined
in section forty-four hundred one of this article during the  months  of
July and August as contained in the individualized education program for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11075-01-3
              

A. 7729                             2

each  eligible  [child]  STUDENT, and with prior approval by the commis-
sioner if required; provided that [(i) a  student  with  a  handicapping
condition  who is first eligible to attend public school in the nineteen
hundred  eighty-seven--eighty-eight school year shall not be eligible to
receive services pursuant to this paragraph during the  months  of  July
and  August  nineteen  hundred  eighty-seven  and  (ii) a student with a
handicapping condition who is first eligible to attend public school  in
the  nineteen hundred eighty-eight--eighty-nine school year shall not be
eligible to receive services  pursuant  to  this  paragraph  during  the
months  of  July  and  August  nineteen hundred eighty-eight and (iii) a
student with a handicapping  condition  who  is  eligible  for  services
during the months of July and August nineteen hundred eighty-nine pursu-
ant  to  the provisions of subdivision six of section forty-four hundred
ten of this article shall not be eligible to receive  services  pursuant
to  this paragraph during such months and (iv)] a student with a [handi-
capping condition] DISABILITY who is eligible  for  services,  including
services  during  the  months  of  July  and August, pursuant to section
forty-four hundred ten of this article shall not be eligible to  receive
services  pursuant  to  this  paragraph  during  the  months of July and
August.
  S 2. This act shall take effect immediately.