S T A T E O F N E W Y O R K
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6934--A
Cal. No. 701
I N S E N A T E
February 26, 2010
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Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the education law, in relation to eligibility for senior
high school athletic competition
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 3208-b
to read as follows:
S 3208-B. ELIGIBILITY FOR SENIOR HIGH SCHOOL ATHLETIC COMPETITION;
DISABILITY EXCEPTION. 1. THE COMMISSIONER SHALL PROMULGATE REGULATIONS
TO ESTABLISH A PROCESS FOR GRANTING WAIVERS TO THE AGE REQUIREMENT AND
FOUR-YEAR LIMITATION ON ELIGIBILITY FOR SENIOR HIGH SCHOOL ATHLETIC
COMPETITION WHEN A STUDENT WITH A DISABILITY, AS DEFINED IN SECTION
FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, WHO IS OTHERWISE QUALIFIED TO
COMPETE IN SUCH COMPETITION AND HAS BEEN SELECTED FOR SUCH COMPETITION
IN THE PAST, HAS NOT YET GRADUATED HIGH SCHOOL, PROVIDED SUCH STUDENT
HAS OR HAD A DISABILITY WHICH DELAYED HIS OR HER EDUCATION FOR A YEAR OR
MORE AND SUCH STUDENT HAS NOT ALREADY PARTICIPATED ONE EXTRA YEAR UNDER
THIS EXCEPTION, AND THE LOCAL SCHOOL DISTRICT HAS DETERMINED THAT THE
STUDENT'S PARTICIPATION IN THE SPORT WILL NEITHER ADVERSELY IMPACT THE
OPPORTUNITY OF OTHER STUDENTS COMPETING IN THE SPORT TO SUCCESSFULLY
PARTICIPATE IN SUCH COMPETITION NOR SIGNIFICANTLY COMPROMISE THE SAFETY
OF SUCH STUDENT OR THE OTHER STUDENTS COMPETING WITH THE STUDENT.
2. THE ATHLETIC DIRECTOR OR THE SUPERINTENDENT OF ANY SCHOOL OR SCHOOL
DISTRICT IN THE SAME SECTION OF THE NEW YORK STATE PUBLIC HIGH SCHOOL
ATHLETIC ASSOCIATION MAY FILE A COMPLAINT FROM THE GRANTING OF A WAIVER,
IN THE TIME AND MANNER AS PRESCRIBED IN THE REGULATIONS OF THE COMMIS-
SIONER, TO CHALLENGE A STUDENT WITH A DISABILITY FROM BEING ELIGIBLE FOR
A FIFTH YEAR OF SENIOR HIGH SCHOOL COMPETITION WITH THE DIRECTOR OF SUCH
SCHOOL DISTRICT'S SECTION OF THE NEW YORK STATE PUBLIC HIGH SCHOOL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14862-06-0
S. 6934--A 2
ATHLETIC ASSOCIATION IF THERE ARE CONCERNS REGARDING THE SAFETY OF SUCH
STUDENT OR OTHER STUDENT ATHLETES COMPETING WITH SUCH STUDENT.
3. UPON RECEIPT OF SUCH COMPLAINT, A DISTRICT DIRECTOR MAY DISQUALIFY
A STUDENT'S ELIGIBILITY FOR A WAIVER TO PARTICIPATE IN A FIFTH YEAR OF
ATHLETIC COMPETITION. A DISQUALIFIED STUDENT MAY COMMENCE AN APPEALS
PROCESS WITH THE ATHLETIC COUNCIL OF THE NEW YORK STATE PUBLIC HIGH
SCHOOL ATHLETIC ASSOCIATION WITHIN TWO WEEKS OF SUCH DETERMINATION. THE
ATHLETIC COUNCIL SHALL REVIEW THE DISTRICT DIRECTOR'S DECISION AND ANY
EVIDENCE OR MATERIALS USED TO MAKE SUCH DECISION. SUCH COUNCIL MAY HEAR
ORAL ARGUMENTS FROM INVOLVED AND INTERESTED PARTIES. THE COUNCIL SHALL
HAVE THE POWER TO AFFIRM, REVERSE, OR MODIFY THE DECISIONS OF THE
DISTRICT DIRECTOR.
4. AN APPEAL FROM THE DETERMINATION OF THE ATHLETIC COUNCIL MAY BE
TAKEN TO THE APPEAL PANEL OF THE NEW YORK STATE PUBLIC HIGH SCHOOL
ATHLETIC ASSOCIATION WITHIN TWO WEEKS OF SUCH DETERMINATION. THE APPEAL
PANEL SHALL REVIEW THE EVIDENCE, MAY HEAR ORAL ARGUMENTS FROM INVOLVED
AND INTERESTED PARTIES, AND SHALL HAVE THE POWER TO AFFIRM, REVERSE, OR
MODIFY THE DECISIONS OF THE ATHLETIC COUNCIL.
S 2. This act shall take effect immediately.
