S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5110
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  determinations  of
   appropriate  educational  programs  for  certain  students in a school
   district in a city having a population of one million or more

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Item (i) of clause (b) of subparagraph 3 of paragraph b of
 subdivision 1 of section 4402 of the education law, as amended by  chap-
 ter 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. If such recommendation
 is not acceptable to 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]  ARTI-
 CLE.  PROVIDED,  FURTHER,  THAT  IN A SCHOOL DISTRICT IN A CITY HAVING A
 POPULATION OF ONE MILLION OR MORE A PARENT'S APPEAL OF SUCH  RECOMMENDA-
 TION  SHALL  BE  RESOLVED,  EITHER THROUGH THE GRANTING OR DENIAL OF THE
 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.
              

                                                            LBD08462-01-1

 A. 5110                             2
 
 THE SIGNING OF A SETTLEMENT AGREEMENT BETWEEN THE PARENT  OR  PERSON  IN
 PARENTAL  RELATION  AND THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT IN
 THE CITY HAVING A POPULATION OF ONE MILLION OR MORE OR A  STATE  AGENCY,
 WITHIN ANY APPLICABLE TIME PERIODS PRESCRIBED BY FEDERAL LAW.  PROVIDED,
 FURTHER,  THAT  NOTHING  IN  THIS  ITEM  SHALL BE DEEMED TO PROHIBIT ANY
 PARENT OR THE SCHOOL DISTRICT FROM SEEKING JUDICIAL REVIEW BY ANY  COURT
 OF COMPETENT JURISDICTION.
   UPON  THE  SIGNING OF A WRITTEN SETTLEMENT AGREEMENT BETWEEN A CHILD'S
 PARENT OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OF  THE
 SCHOOL  DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR
 A STATE AGENCY, OR THE DECISION, ORDER,  OR  JUDGMENT  OF  AN  IMPARTIAL
 HEARING  OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILAT-
 ERAL PARENTAL PLACEMENT WAS APPROPRIATE AND THAT TUITION PAYMENT  SHOULD
 BE  GRANTED  FOR  SUCH  UNILATERAL  PLACEMENT,  AS  PROVIDED  BY SECTION
 1412(A)(10)(C) OF TITLE 20 OF THE UNITED STATES CODE AND THE  IMPLEMENT-
 ING  FEDERAL REGULATIONS, THE AMOUNT OF SUCH PAYMENT AND THE TIMELINE OR
 SCHEDULE FOR MAKING SUCH PAYMENT SHALL BE SET FORTH IN ANY SUCH  SETTLE-
 MENT OR DECISION, ORDER, OR JUDGMENT.
   § 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, IN A SCHOOL DISTRICT IN A CITY  HAVING  A  POPULATION  OF  ONE
 MILLION  OR  MORE,  UPON  THE  DECISION OF AN IMPARTIAL HEARING OFFICER,
 STATE REVIEW OFFICER OR A  COURT  FINDING  THAT  A  UNILATERAL  PARENTAL
 PLACEMENT WAS APPROPRIATE AND THAT TUITION PAYMENT SHOULD BE GRANTED FOR
 SUCH  UNILATERAL  PLACEMENT,  SUCH  TUITION  PAYMENT   SHALL CONTINUE IN
 FUTURE YEARS, AT THE SAME PERCENTAGE OF THE TOTAL TUITION  COST  AS  THE
 PREVIOUS YEAR'S PAYMENT, UNTIL THE COMMITTEE ON SPECIAL EDUCATION DETER-
 MINES THE CHILD'S NEEDS CAN BE MET IN ANOTHER PUBLIC OR APPROVED PRIVATE
 SCHOOL  PROGRAM AND REVISES THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM
 TO RECOMMEND SUCH PLACEMENT; PROVIDED HOWEVER THAT WHERE THE  PARENT  OR
 PERSON IN PARENTAL RELATION BRINGS A DUE PROCESS PROCEEDING TO CHALLENGE
 SUCH  REVISED  PLACEMENT,  THE  UNILATERAL  PARENTAL PLACEMENT FOR WHICH
 TUITION PAYMENT WAS GRANTED SHALL BE THE PENDENCY PLACEMENT, AS PROVIDED
 IN SUBDIVISION FOUR OF THIS SECTION.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  amendments to clause (b) of subparagraph 3 of paragraph b of subdi-
 vision 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
 expire therewith; provided, further, that the amendments 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 expire
 therewith.