S T A T E O F N E W Y O R K
________________________________________________________________________
4075
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
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Introduced by M. of A. THIELE, TEDISCO, CONTE, McDONOUGH, P. LOPEZ --
Multi-Sponsored by -- M. of A. AMEDORE, CROUCH, KOLB, MOLINARO, OAKS,
RAIA, TOWNSEND -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to the powers of the
commissioner of education pertaining to individualized education
programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. THE COMMISSIONER SHALL IMPLEMENT REGULATIONS DIRECTING SCHOOL
DISTRICTS TO EVALUATE STUDENTS WHO HAVE INDIVIDUALIZED EDUCATION
PROGRAMS AND WHO ALSO REQUIRE ACADEMIC INTERVENTION SERVICES, TO DETER-
MINE WHICH SERVICES, IF ANY, ARE BEING REPEATED BY BOTH THE PROGRAM AND
THE SERVICES. THE COMMISSIONER SHALL PROVIDE THAT IF A SCHOOL DISTRICT
DETERMINES THAT AN INDIVIDUALIZED EDUCATION PROGRAM AND THE ACADEMIC
INTERVENTION SERVICES REQUIRE THE SAME TASK OR SERVICE, THE SCHOOL
DISTRICT SHALL NOT BE REQUIRED TO IMPLEMENT SUCH TASK OR PROVIDE SUCH
SERVICE MORE THAN ONCE TO THE STUDENT.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04041-01-9