NY State Assembly Bill A10722A

Archive: Last Bill Status Via S7722 - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 31, 2012	vetoed memo.130
Jul 20, 2012	delivered to governor
Jun 21, 2012	returned to senate passed assembly ordered to third reading rules cal.506 substituted for a10722a
Jun 21, 2012	substituted by s7722a
Jun 20, 2012	ordered to third reading rules cal.506 rules report cal.506 reported reported referred to rules
Jun 19, 2012	reported referred to ways and means
Jun 18, 2012	print number 10722a
Jun 18, 2012	amend and recommit to education
Jun 17, 2012	referred to education

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

A10722 - Details

See Senate Version of this Bill:: S7722
Law Section:: Education Law
Laws Affected:: Amd §§4402 & 4404, Ed L

A10722 - Summary

Relates to determinations of appropriate educational programs for certain students.

A10722 - Bill Text download pdf

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

                                  10722

                          I N  A S S E M B L Y

                              June 17, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
  -- read once and referred to the Committee on Education

AN ACT to amend the education law,  in  relation  to  determinations  of
  appropriate educational programs for certain students

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subclause (i) of clause (b) of subparagraph 3 of  paragraph
b  of  subdivision 1 of section 4402 of the education law, as amended by
chapter 378 of the laws of 2007, is amended to read as follows:
  (i) Make recommendations based upon a written evaluation setting forth
the reasons for the recommendations, to the child's parent or person  in
parental  relation  and board of education or trustees as to appropriate
educational programs and placement in accordance with the provisions  of
subdivision six of section forty-four hundred one-a of this article, and
as  to the advisability of continuation, modification, or termination of
special class or program placements which evaluation shall be  furnished
to  the  child's parent or person in parental relation together with the
recommendations provided, however that the  committee  may  recommend  a
placement  in a school which uses psychotropic drugs only if such school
has a written policy pertaining to such  use  that  is  consistent  with
subdivision  four-a  of section thirty-two hundred eight of this chapter
and that the parent or person in parental relation is given such written
policy at the time such recommendation is  made.  THE  DETERMINATION  OF
APPROPRIATE  EDUCATIONAL  PROGRAMS  AND PLACEMENTS SHALL INCLUDE, UPON A
REQUEST BY A CHILD'S PARENT OR PERSON IN PARENTAL RELATION,  A  DETERMI-
NATION OF THE CHILD'S ABILITY TO LEARN IN ANY GIVEN EDUCATIONAL ENVIRON-
MENT.  SUCH  DETERMINATION  SHALL  TAKE INTO ACCOUNT ANY POSSIBLE EDUCA-
TIONAL IMPACT DIFFERENCES BETWEEN THE SCHOOL ENVIRONMENT AND THE CHILD'S
HOME ENVIRONMENT AND FAMILY BACKGROUND MAY HAVE ON THE  CHILD'S  ABILITY
TO RECEIVE A FREE APPROPRIATE PUBLIC EDUCATION. SUCH DETERMINATION SHALL
INCLUDE  DOCUMENTATION  AS  TO  WHETHER  THESE  FACTORS WOULD AFFECT THE
CHILD'S ABILITY TO LEARN. If such recommendation is  not  acceptable  to
the  parent  or  person  in  parental relation, such parent or person in
parental relation may appeal such  recommendation  as  provided  for  in

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

                                                           LBD16310-06-2

A. 10722                            2

section  forty-four  hundred  four  of this [chapter] ARTICLE.  PROVIDED
FURTHER THAT PURSUANT TO SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE
A SCHOOL DISTRICT SHALL GRANT OR DENY A  PARENT'S  REQUEST  FOR  TUITION
REIMBURSEMENT WITHIN NINETY DAYS FROM THE DATE SUCH REQUEST IS RECEIVED.
IF  THE  SCHOOL  DISTRICT  GRANTS THE REQUEST FOR TUITION REIMBURSEMENT,
SUCH TUITION REIMBURSEMENT MUST BE PROVIDED WITHIN THIRTY DAYS FROM  THE
DATE THE REQUEST WAS GRANTED.
  S 2. Paragraph a of subdivision 1 of section 4404 of the education law
is amended by adding a new closing paragraph to read as follows:
  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, UPON A WRITTEN SETTLEMENT AGREEMENT BETWEEN A  CHILD'S  PARENT
OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OR TRUSTEES OF
A  SCHOOL  DISTRICT  OR  A STATE AGENCY, OR THE DECISION OF AN IMPARTIAL
HEARING OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A  UNILAT-
ERAL  PARENTAL  PLACEMENT WAS APPROPRIATE AND THAT TUITION REIMBURSEMENT
SHOULD BE GRANTED FOR SUCH UNILATERAL PLACEMENT, SUCH TUITION REIMBURSE-
MENT SHALL CONTINUE UNTIL THE COMMITTEE ON SPECIAL EDUCATION  AMENDS  OR
MODIFIES  THE  CHILD'S  INDIVIDUALIZED  EDUCATION  PROGRAM  PURSUANT  TO
SUBPARAGRAPH  (2)  OF  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF  SECTION
FORTY-FOUR  HUNDRED  TWO OF THIS ARTICLE OR AT ANOTHER MEETING TO RECOM-
MEND ANOTHER PLACEMENT THAT PROVIDES A FREE APPROPRIATE PUBLIC EDUCATION
TO THE CHILD.
  S 3. This act shall take effect immediately;  provided,  however,  the
amendments to clause (b) of subparagraph 3 of paragraph b of subdivision
1  of  section 4402 of the education law made by section one of this act
shall not affect the expiration of such clause and shall  be  deemed  to
expire  therewith;  provided, further, however, that the amendments made
to subdivision 1 of section 4404 of the education law  made  by  section
two  of this act shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.

Co-Sponsors

A10722A (ACTIVE) - Details

See Senate Version of this Bill:: S7722
Law Section:: Education Law
Laws Affected:: Amd §§4402 & 4404, Ed L

A10722A (ACTIVE) - Summary

Relates to determinations of appropriate educational programs for certain students.

A10722A (ACTIVE) - Bill Text download pdf

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

                                10722--A

                          I N  A S S E M B L Y

                              June 17, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
  -- read once and referred to the Committee on Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  education law, in relation to determinations of
  appropriate educational programs for certain students

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subclause (i) of clause (b) of subparagraph 3 of paragraph
b of subdivision 1 of section 4402 of the education law, as  amended  by
chapter 378 of the laws of 2007, is amended to read as follows:
  (i) Make recommendations based upon a written evaluation setting forth
the  reasons for the recommendations, to the child's parent or person in
parental relation and board of education or trustees as  to  appropriate
educational  programs and placement in accordance with the provisions of
subdivision six of section forty-four hundred one-a of this article, and
as to the advisability of continuation, modification, or termination  of
special  class or program placements which evaluation shall be furnished
to the child's parent or person in parental relation together  with  the
recommendations  provided,  however  that  the committee may recommend a
placement in a school which uses psychotropic drugs only if such  school
has  a  written  policy  pertaining  to such use that is consistent with
subdivision four-a of section thirty-two hundred eight of  this  chapter
and that the parent or person in parental relation is given such written
policy  at  the  time  such recommendation is made. THE DETERMINATION OF
APPROPRIATE EDUCATIONAL PROGRAMS AND PLACEMENTS SHALL  INCLUDE,  UPON  A
REQUEST  BY  A CHILD'S PARENT OR PERSON IN PARENTAL RELATION, A DETERMI-
NATION OF THE CHILD'S ABILITY TO LEARN IN ANY GIVEN EDUCATIONAL ENVIRON-
MENT. SUCH DETERMINATION SHALL TAKE INTO  ACCOUNT  ANY  POSSIBLE  EDUCA-
TIONAL IMPACT DIFFERENCES BETWEEN THE SCHOOL ENVIRONMENT AND THE CHILD'S
HOME  ENVIRONMENT  AND FAMILY BACKGROUND MAY HAVE ON THE CHILD'S ABILITY
TO RECEIVE A FREE APPROPRIATE PUBLIC EDUCATION. SUCH DETERMINATION SHALL
INCLUDE DOCUMENTATION AS TO  WHETHER  THESE  FACTORS  WOULD  AFFECT  THE
CHILD'S  ABILITY  TO  LEARN. If such recommendation is not acceptable to

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

                                                           LBD16310-07-2

A. 10722--A                         2

the parent or person in parental relation,  such  parent  or  person  in
parental  relation  may  appeal  such  recommendation as provided for in
section forty-four hundred four of this  [chapter]  ARTICLE.    PROVIDED
FURTHER THAT PURSUANT TO SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE
A  SCHOOL  DISTRICT  SHALL  GRANT OR DENY A PARENT'S REQUEST FOR TUITION
REIMBURSEMENT WITHIN NINETY DAYS FROM THE DATE SUCH REQUEST IS RECEIVED.
IF THE SCHOOL DISTRICT GRANTS THE  REQUEST  FOR  TUITION  REIMBURSEMENT,
SUCH  TUITION REIMBURSEMENT MUST BE PROVIDED WITHIN THIRTY DAYS FROM THE
DATE THE REQUEST WAS GRANTED.
  S 2. Paragraph a of subdivision 1 of section 4404 of the education law
is amended by adding a new closing paragraph to read as follows:
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO  THE
CONTRARY,  UPON  A WRITTEN SETTLEMENT AGREEMENT BETWEEN A CHILD'S PARENT
OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OR TRUSTEES OF
A SCHOOL DISTRICT OR A STATE AGENCY, OR THE  DECISION  OF  AN  IMPARTIAL
HEARING  OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILAT-
ERAL PARENTAL PLACEMENT WAS APPROPRIATE AND THAT  TUITION  REIMBURSEMENT
SHOULD BE GRANTED FOR SUCH UNILATERAL PLACEMENT, SUCH TUITION REIMBURSE-
MENT  SHALL  CONTINUE UNTIL THE COMMITTEE ON SPECIAL EDUCATION AMENDS OR
MODIFIES THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM.
  S 3. This act shall take effect immediately;  provided,  however,  the
amendments to clause (b) of subparagraph 3 of paragraph b of subdivision
1  of  section 4402 of the education law made by section one of this act
shall not affect the expiration of such clause and shall  be  deemed  to
expire  therewith;  provided, further, however, that the amendments made
to subdivision 1 of section 4404 of the education law  made  by  section
two  of this act shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

assembly Bill A10722A

Sponsored By

Archive: Last Bill Status Via S7722 - Vetoed by Governor

Your Voice

Actions

Votes

Jun 21, 2012 - floor Vote

Floor Vote: Jun 21, 2012

Jun 20, 2012 - Rules committee Vote

Committee Vote: Jun 20, 2012

Bill Amendments

A10722 - Details

A10722 - Summary

A10722 - Bill Text download pdf

Co-Sponsors

A10722A (ACTIVE) - Details

A10722A (ACTIVE) - Summary

A10722A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A10722A

Share this bill

Sponsored By

WEINSTEIN

Archive: Last Bill Status Via S7722 - Vetoed by Governor

Your Voice

Actions

Votes

Jun 21, 2012 - floor Vote

Floor Vote: Jun 21, 2012

Jun 20, 2012 - Rules committee Vote

Committee Vote: Jun 20, 2012

Bill Amendments

A10722 - Details

A10722 - Summary

A10722 - Bill Text download pdf

Co-Sponsors

Sheldon Silver

Steven Cymbrowitz

Phillip Goldfeder

Rhoda Jacobs

Dov Hikind

Michael Simanowitz

David Weprin

Harvey Weisenberg

Micah Kellner

Michele Titus

Hakeem Jeffries

A10722A (ACTIVE) - Details

A10722A (ACTIVE) - Summary

A10722A (ACTIVE) - Bill Text download pdf

Comments