senate Bill S6567B

Requires the office of state review to render decisions on certain appeals pertaining to children with handicapping conditions within thirty days of receipt of such appeals

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Bill Status


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

  • 06 / Feb / 2014
    • REFERRED TO EDUCATION
  • 18 / Mar / 2014
    • AMEND AND RECOMMIT TO EDUCATION
  • 18 / Mar / 2014
    • PRINT NUMBER 6567A
  • 24 / Apr / 2014
    • AMEND AND RECOMMIT TO EDUCATION
  • 24 / Apr / 2014
    • PRINT NUMBER 6567B

Summary

Requires the office of state review to render decisions on certain appeals pertaining to children with handicapping conditions within thirty days of receipt of such appeals and authorizes parties to file appeals in federal court at the expiration of the thirty days.

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Bill Details

Versions:
S6567
S6567A
S6567B
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §§4410 & 4404, Ed L

Sponsor Memo

BILL NUMBER:S6567B

TITLE OF BILL: An act to amend the education law, in relation to
requiring the office of state review to render decisions on certain
appeals pertaining to children with handicapping conditions within
thirty days of receipt of such appeals

PURPOSE: This legislation will insure that not later than 30 days
after receipt of a request for review, a final decision is reached and
a copy of the decision rendered is mailed to all appropriate parties.

SUMMARY OF PROVISIONS:

Section 1. Paragraph (d) of subdivision 7 of section 4410 of the
education law , as amended by section 57 of part H of chapter 83 of
the laws of 2002, is amended to read as follows;

(ii) Appeals taken to the office of state review shall be decided in
the order in which they were received. In the event the state review
officer does not within 30 days, render a final decision and forward
such decision to the parties, then the decision of the impartial
hearing officer shall be substituted for the decision that should have
been timely rendered by the state review officer and deemed to be
final for administrative purposes without prejudice to any further
appeal that may be taken by aggrieved party to the federal court
pursuant to 34 C.F.R. § 300.516

§ 2 Subdivision 2 of section 4404 of the education law, as amended by
chapter 53 of the laws of 1990, is amended as follows:

b. Appeals taken to the office of state review shall be decided in the
order in which they were received. In the event the state review
officer does not, within 30 days, render a final decision and forward
such decision to the parties, then the decision of the impartial
hearing officer shall be substituted for the decision that should have
been timely rendered by the state review officer and deemed to be
final for administrative purposes, without prejudice to any further
appeal that may be taken by aggrieved party to the federal court
pursuant to 34 C.F.R. § 300.516

§ 3. This act shall take effect immediately and shall apply equally to
cases that have been pending before the Office of State Review for
more than 30 days following the receipt of a request for a review
without issuance of a decision as of the date this act shall have
become a law and to cases in which the 30-day period elapses without
issuance of a decision on or after the date this act shall have become
law.

EXISTING LAW: Existing law does require submittal of decision by the
reviewing officer within 30 days but does not allow for those hearing
officers that fail to submit a decision for administrative purposes
without prejudice to any further appeal that may be taken by aggrieved
party to the federal court pursuant to 34 C.F.R. § 300.516

JUSTIFICATION: In 41 states, once the Impartial Hearing Officer rules,
any appeal from that decision goes directly to federal court.
However, New York and in 8 other states any appeal from the I.H.O.'s


decision first goes to an intermediate administrative appeal tribunal,
which in New York is the "Office of State Review", located in Albany,
New York. There are two State Review Officers (S.R.O.'s). They are
charged with deciding such appeals, and under federal and state law,
such appeals are required to be decided on a 30 day basis unless all
parties consent to extend the 30 day time line. 34 C.F.R.
300.515(b); N.Y. Educ. Law 4410(7)(d); 8 N.Y.C.R.R. § 200.5(k)(2).

The relevant federal regulation states that the state educational
agency (here, the New York State Education Department) "must ensure
that not later than 30 days after the receipt of a request for review
- (1) A final decision is reached in the review; and (2) A copy of the
decision is mailed to each of the parties". 34 C.F.R. § 300.515(b).
The parties may however request extensions of this 30 day period. 34
C.F.R. § 300.515(c).

The office of State Review (OSR) has admitted to N.Y.S.E.D.,
practically all the appeals being filed with the O.S.R.'s are not
being decided within 30 days. Over the last two years, O.R.S has
accumulated a backlog of approximately 200 appeal cases that are now
materially late for their decisions. Depending on which cases the
S.R.O. selects to decide, some but not all, of these appeals have been
languishing without a decision for more than a year. This untenable
situation is keeping parents and school districts alike in a state of
limbo and it is the cause of a class action and other lawsuits being
filed in the federal court.

This legislation will help to expedite these appeals in a fair and
reasonable manner by moving those cases not heard by the impartial
hearing officer and substituting his/her decision with a decision, for
administrative purposes, without prejudice to any further appeal that
may be taken by aggrieved party to the federal court

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: To be determined

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This legislation will take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6567--B

                            I N  S E N A T E

                            February 6, 2014
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to requiring  the  office
  of  state  review to render decisions on certain appeals pertaining to
  children with handicapping conditions within thirty days of receipt of
  such appeals

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

  Section  1. Paragraph d of subdivision 7 of section 4410 of the educa-
tion law, as amended by section 57 of part H of chapter 83 of  the  laws
of 2002, is amended to read as follows:
  d. (I) A state review officer of the education department shall review
the  decision  of the impartial hearing officer in the manner prescribed
in subdivision two of section forty-four hundred four  of  this  article
and  render  a  decision no later than thirty days after the decision of
such hearing officer.
  (II) APPEALS TAKEN TO THE OFFICE OF STATE REVIEW SHALL BE  DECIDED  IN
THE ORDER IN WHICH THEY ARE RECEIVED. IN THE EVENT THAT THE STATE REVIEW
OFFICER  DOES  NOT,  WITHIN  THIRTY  DAYS,  RENDER  A FINAL DECISION AND
FORWARD SUCH DECISION TO THE PARTIES, THEN THE DECISION OF THE IMPARTIAL
HEARING OFFICER SHALL BE SUBSTITUTED FOR THE DECISION THAT  SHOULD  HAVE
BEEN  TIMELY RENDERED BY THE STATE REVIEW OFFICER AND DEEMED TO BE FINAL
FOR ADMINISTRATIVE PURPOSES, WITHOUT PREJUDICE  TO  ANY  FURTHER  APPEAL
THAT  MAY  BE TAKEN BY ANY AGGRIEVED PARTY TO THE FEDERAL COURT PURSUANT
TO 34 C.F.R. S 300.516.
  S 2. Subdivision 2 of section 4404 of the education law, as amended by
chapter 53 of the laws of 1990, is amended to read as follows:
  2. Review by state review officer. A. A state review  officer  of  the
education  department  shall review and may modify, in such cases and to
the extent that the review officer deems necessary, in order to properly
effectuate the purposes of this article, any determination of the impar-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13871-03-4

S. 6567--B                          2

tial hearing officer relating to the determination of the  nature  of  a
child's  handicapping  condition,  selection  of  an appropriate special
education program or service and the failure to provide such program and
require  such  board to comply with the provisions of such modification.
The commissioner shall adopt  regulations  governing  the  practice  and
procedure  in such appeals to the state review officer; provided, howev-
er, that in no event shall any fee or charge whatsoever be  imposed  for
any  appeal taken pursuant to this subdivision. The state review officer
is empowered to make all orders which are proper or  necessary  to  give
effect to the decision of the review officer.
  B. APPEALS TAKEN TO THE OFFICE OF STATE REVIEW SHALL BE DECIDED IN THE
ORDER  IN  WHICH  THEY  ARE RECEIVED. IN THE EVENT THAT THE STATE REVIEW
OFFICER DOES NOT, WITHIN  THIRTY  DAYS,  RENDER  A  FINAL  DECISION  AND
FORWARD SUCH DECISION TO THE PARTIES, THEN THE DECISION OF THE IMPARTIAL
HEARING  OFFICER SHALL BE SUBSTITUTED FOR THE FINAL DECISION THAT SHOULD
HAVE BEEN TIMELY RENDERED BY THE STATE REVIEW OFFICER AND DEEMED  TO  BE
FINAL  FOR  ADMINISTRATIVE  PURPOSES,  WITHOUT  PREJUDICE TO ANY FURTHER
APPEAL THAT MAY BE TAKEN BY ANY AGGRIEVED PARTY  TO  THE  FEDERAL  COURT
PURSUANT TO 34 C.F.R. S 300.516.
  S 3. This act shall take effect immediately and shall apply equally to
cases  that have been pending before the office of state review for more
than 30 days following the receipt of a request  for  a  review  without
issuance  of  a decision as of the date this act shall have become a law
and to cases in which the 30-day period elapses without  issuance  of  a
decision on or after the date this act shall have become a law.

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