NY State Assembly Bill 2009-A8989

Assembly Bill A8989

2009-2010 Legislative Session

Requires that a qualified psychosocial history be made in evaluating school children for handicapping conditions

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 13, 2010	enacting clause stricken
Jan 25, 2010	print number 8989a
Jan 25, 2010	amend and recommit to education
Jan 06, 2010	referred to education
Jun 17, 2009	referred to education

Bill Amendments

Original

A (Active)

2009-A8989 - Details

See Senate Version of this Bill:: S6637
Law Section:: Education Law
Laws Affected:: Amd §§3208 & 4402, Ed L

2009-A8989 - Summary

Requires the making of a compilation of a psychosocial history by a qualified school district social worker an essential part of the evaluation of school children for handicapping conditions; reduces workload of committees on special education.

2009-A8989 - Sponsor Memo

                                BILL NUMBER:A8989

TITLE  OF  BILL:   An act to amend the education law, in relation to the
proper and accurate identification of children with handicapping  condi-
tions

PURPOSE  OF BILL: This legislation would provide a means of early diver-
sion out of the special education process, for children  whose  apparent
handicapping condition can be attributed to social, familial, or cultur-
al-educational factors rather than a true disability.

SUMMARY  OF  SPECIFIC PROVISIONS: Bill §1 amends paragraph c of subdivi-
sion 5 of §3208 of the Education Law, as amended by Chapter 352  of  the
Laws  of  2005,  to provide that a psychosocial history be compiled by a
qualified school district social worker during the screening process for
suspected handicapping conditions.

Bill §2 makes identical amendments to the same paragraph as it will read
after the sunset date of Ch. 352 of 2005. Bill §3 includes  psychosocial
histories among the information that must be reviewed when making deter-
minations on handicapping conditions.

JUSTIFICATION:  Present law requires trustees and boards of education to
screen every new entrant to school and pupils who do poorly  on  reading
or  mathematics  tests to determine which pupils may be handicapped. The
first level of such screening consists of a physical examination  and  a

language  development assessment. If at this point, a possible handicap-
ping condition is indicated, present law provides for  referral  of  the
child  to  the appropriate Committee on Special Education. The Committee
thereupon reviews all relevant information necessary  to  ascertain  the
nature and extent of the child's handicapping condition.

Professionals  experienced in the evaluation of pupils with handicapping
conditions agree that in many cases, the compilation of  a  psychosocial
history  of  a  youngster provides an effective means of identifying and
diverting those whose apparent handicap can be  explained  by  familial,
social,  or  cultural-educational  factors  rather  than  a handicapping
condition with a physical, mental, or emotional basis. This early diver-
sion reduces the workload of Committees on Special Education,  preserves
school district resources and substantially reduces the risk of misclas-
sification.  The psychosocial history is, in itself, a valuable diagnos-
tic tool. It should be compiled and reviewed in evaluating the extent of
a child's handicap and assessing his special educational needs.

LEGISLATIVE HISTORY: 2007-2008 A.2689 (Formally introduced by Ruben Diaz
Jr.)
1/18/07 - Referred to Education
1/09/08 - Referred to Education

EFFECTIVE DATE: This act shall take effect immediately.

2009-A8989 - Bill Text download pdf

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

                                  8989

                       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

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-
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14304-01-9

A. 8989                             2

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 immediately, provided that the amend-
ments  to  paragraph c of subdivision 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.

co-Sponsors

2009-A8989A (ACTIVE) - Details

See Senate Version of this Bill:: S6637
Law Section:: Education Law
Laws Affected:: Amd §§3208 & 4402, Ed L

2009-A8989A (ACTIVE) - Summary

2009-A8989A (ACTIVE) - Sponsor Memo

2009-A8989A (ACTIVE) - Bill Text download pdf

                            
                    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.

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Assembly Bill A8989

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PERALTA