S T A T E O F N E W Y O R K
________________________________________________________________________
6637
I N S E N A T E
January 21, 2010
___________
Introduced by Sen. MONSERRATE -- read twice and ordered printed, and
when printed to be committed to the Committee 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,
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14304-01-9
S. 6637 2
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.