S T A T E O F N E W Y O R K
________________________________________________________________________
4244
2011-2012 Regular Sessions
I N A S S E M B L Y
February 2, 2011
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Introduced by M. of A. CORWIN, AUBRY, HAWLEY, MONTESANO, JAFFEE, WEISEN-
BERG -- Multi-Sponsored by -- M. of A. M. MILLER, N. RIVERA, STEVEN-
SON, THIELE -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to adding a member of the
school athletics department or physical education department onto the
committee on special education, and requiring such committee to deter-
mine the level of participation in school athletic programs permitted
for a student with a handicapping condition
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 4401-a of the education law, as
amended by chapter 378 of the laws of 2007, is amended to read as
follows:
4. The individual evaluation of the educational needs of a student
referred to the committee on special education shall be conducted by
qualified individuals AND SHALL INCLUDE AN ASSESSMENT OF SUCH STUDENT'S
ABILITY TO PARTICIPATE IN SCHOOL ATHLETIC PROGRAMS AND/OR ACTIVITIES
SUCH AS PHYSICAL EDUCATION CLASSES OR COMPETITIVE OR NON-COMPETITIVE
SPORTS, in accordance with regulations of the commissioner, with the
results of such evaluation forwarded to the committee on special educa-
tion and the student's parent or person in parental relation. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, NO ELIGIBILITY REQUIREMENTS SHALL
PRECLUDE A STUDENT'S PARTICIPATION IN SCHOOL ATHLETIC PROGRAMS AND/OR
ACTIVITIES IF SUCH COMMITTEE DETERMINES THAT SUCH PARTICIPATION IS
PERMISSIBLE.
S 2. Subdivision 4 of section 4401-a of the education law, as amended
by chapter 273 of the laws of 1986, is amended to read as follows:
4. The individual evaluation of the educational needs of a pupil
referred to the committee on special education shall be conducted by
qualified individuals AND SHALL INCLUDE AN ASSESSMENT OF SUCH PUPIL'S
ABILITY TO PARTICIPATE IN SCHOOL ATHLETIC PROGRAMS AND/OR ACTIVITIES
SUCH AS PHYSICAL EDUCATION CLASSES OR COMPETITIVE OR NON-COMPETITIVE
SPORTS, in accordance with regulations of the commissioner, with the
results of such evaluation forwarded to the committee on special educa-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06378-01-1
A. 4244 2
tion and the pupil's parent or person in parental relationship.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO ELIGIBILITY REQUIREMENTS
SHALL PRECLUDE A STUDENT'S PARTICIPATION IN SCHOOL ATHLETIC PROGRAMS
AND/OR ACTIVITIES IF SUCH COMMITTEE DETERMINES THAT SUCH PARTICIPATION
IS PERMISSIBLE.
S 3. Clause (a) of subparagraph 1 of paragraph b of subdivision 1 of
section 4402 of the education law, as amended by chapter 311 of the laws
of 1999 and subclause (viii) as amended by chapter 194 of the laws of
2004, is amended to read as follows:
(a) Such committees shall be composed of at least the following
members: (i) the parents or persons in parental relationship to the
student; (ii) one regular education teacher of the student whenever the
student is or may be participating in the regular education environment;
(iii) one special education teacher of the student, or, if appropriate,
a special education provider of the student; (iv) a school psychologist;
(v) a representative of such school district who is qualified to provide
or administer or supervise special education and is knowledgeable about
the general curriculum and the availability of resources of the school
district; (vi) an individual who can interpret the instructional impli-
cations of evaluation results; (vii) a school physician; (viii) an addi-
tional parent, residing in the school district or a neighboring school
district, of a student with a disability, of a student who has been
declassified and is no longer eligible for an individualized education
program (IEP), or a parent of a disabled child who has graduated, for a
period of five years beyond the student's declassification or gradu-
ation, provided such parent shall not be employed by or under contract
with the school district, and provided further that such additional
parent shall not be a required member if the parents request that such
additional parent member not participate; (ix) such other persons having
knowledge or special expertise regarding the student as the school
district or the parents or persons in parental relationship to the
student shall designate, to the extent required under federal law; [and]
(x) A MEMBER OF THE SCHOOL ATHLETIC DEPARTMENT OR PHYSICAL EDUCATION
DEPARTMENT; AND (XI) if appropriate, the student.
S 4. Subparagraph 3 of paragraph b of subdivision 1 of section 4402 of
the education law is amended by adding a new clause (m) to read as
follows:
(M) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMITTEE SHALL
OBTAIN, REVIEW AND EVALUATE ALL RELEVANT INFORMATION PERTAINING TO THE
ABILITY OF A STUDENT WITH A HANDICAPPING CONDITION TO PARTICIPATE IN
SCHOOL ATHLETIC PROGRAMS AND/OR ACTIVITIES, INCLUDING BUT NOT LIMITED TO
PHYSICAL EDUCATION CLASSES AND COMPETITIVE AND NON-COMPETITIVE SPORTS.
BASED UPON SUCH REVIEW, THE COMMITTEE SHALL DETERMINE THE APPROPRIATE
LEVEL OF PARTICIPATION IN SCHOOL ATHLETIC PROGRAMS AND/OR ACTIVITIES
PERMITTED FOR A STUDENT WITH A HANDICAPPING CONDITION. NO ELIGIBILITY
REQUIREMENTS SHALL PRECLUDE SUCH STUDENT'S PARTICIPATION IN SCHOOL
ATHLETIC PROGRAMS AND/OR ACTIVITIES IF THE COMMITTEE DETERMINES THAT
SUCH PARTICIPATION IS PERMISSIBLE.
S 5. This act shall take effect immediately, provided that the amend-
ments to subdivision 4 of section 4401-a of the education law made by
section one of this act shall be subject to the expiration and reversion
of such section pursuant to subdivision d of section 27 of chapter 378
of the laws of 2007, as amended, when upon such date the provisions of
section two of this act shall take effect.