S T A T E O F N E W Y O R K
________________________________________________________________________
8989--A
2009-2010 Regular Sessions
I N A S S E M B L Y
June 17, 2009
___________
Introduced by M. of A. PERALTA -- read once and referred to the Commit-
tee on Education -- recommitted to the Committee on Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, in relation to the proper and accu-
rate identification of children with handicapping conditions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph c of subdivision 5 of section 3208 of the educa-
tion law, as amended by chapter 352 of the laws of 2005, is amended to
read as follows:
c. If such screening indicates a suspected disability, which may
require the provision of special education services or programs, A QUAL-
IFIED SCHOOL DISTRICT SOCIAL WORKER SHALL COMPILE A PSYCHOSOCIAL HISTO-
RY. THIS PSYCHOSOCIAL HISTORY SHALL BE USED WHEN a referral shall be
made to the committee on special education.
S 2. Paragraph c of subdivision 5 of section 3208 of the education
law, as amended by chapter 273 of the laws of 1986, is amended to read
as follows:
c. If such screening indicates a suspected handicapping condition,
which may require the provision of special education services or
programs, A QUALIFIED SCHOOL DISTRICT SOCIAL WORKER SHALL COMPILE A
PSYCHOSOCIAL HISTORY. THIS PSYCHOSOCIAL HISTORY SHALL BE USED WHEN a
referral shall be made to the committee on special education.
S 3. Clause (a) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law, as amended by chapter 53 of the laws
of 1991, is amended to read as follows:
(a) Obtain, review and evaluate all relevant information, including
but not limited to that presented by the parent, person in parental
relationship and teacher, pertinent to each child suspected of or iden-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14304-02-0
A. 8989--A 2
tified as having a handicapping condition, including the results of a
physical examination performed in accordance with sections nine hundred
three, nine hundred four and nine hundred five of this chapter and,
where determined to be necessary by a school psychologist, A PSYCHOSO-
CIAL HISTORY AND an appropriate psychological evaluation performed OR
COMPILED by a qualified private or school psychologist AND A SOCIAL
WORKER, and other appropriate assessments as necessary to ascertain the
physical, mental, emotional and cultural-educational factors which may
contribute to the suspected or identified handicapping condition, and
all other school data which bear on the child's progress, including,
where appropriate, observation of classroom performance.
S 4. This act shall take effect on the thirtieth day after it shall
have become a law, provided that the amendments to paragraph c of subdi-
vision 5 of section 3208 of the education law made by section one of
this act shall be subject to the expiration and reversion of such
section pursuant to section 22 of chapter 352 of the laws of 2005, as
amended, when upon such date the provisions of section two of this act
shall take effect.