S T A T E O F N E W Y O R K
________________________________________________________________________
7216--A
2011-2012 Regular Sessions
I N A S S E M B L Y
April 19, 2011
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Education -- recommitted to the Committee on Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, in relation to the additional parent
member of committees on special education
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clause (b) of subparagraph 1 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:
(b) In determining the composition of such committee pursuant to
clause (a) of this subparagraph, a school district may determine that a
member appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
(ix) of clause (a) of this subparagraph also fulfills the requirement of
subclause (vi) of clause (a) of this subparagraph of a member who is an
individual who can interpret the instructional implications of evalu-
ation results where such individuals are determined by the school
district to have the knowledge and expertise to do so and/or that a
member appointed pursuant to subclause (iii) or (iv) of clause (a) of
this subparagraph also fulfills the requirement of subclause (v) of
clause (a) of this subparagraph of a member who is a representative of
the school district. The regular education teacher of the student shall
participate in the development, review and revision of the individual-
ized education program for the student, to the extent required under
federal law. The school physician need not be in attendance at any meet-
ing of the committee on special education unless specifically requested
in writing, at least seventy-two hours prior to such meeting by the
parents or other person in parental relation to the student in question,
the student, or a member of the committee on special education. The
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10902-02-2
A. 7216--A 2
parents or persons in parental relation of the student in question shall
receive proper written notice of their right to have the school physi-
cian attend the meetings of the committee on special education upon
referral of said student to the committee on special education or when-
ever such committee plans to modify or change the identification, evalu-
ation or educational placement of the student [and their right to
request that an additional parent member not participate at any meeting
of the committee regarding the student]. THE ADDITIONAL PARENT NEED NOT
BE IN ATTENDANCE AT ANY MEETING OF THE COMMITTEE ON SPECIAL EDUCATION
UNLESS SPECIFICALLY REQUESTED IN WRITING, AT LEAST SEVENTY-TWO HOURS
PRIOR TO SUCH MEETING BY THE PARENTS OR OTHER PERSON IN PARENTAL
RELATION TO THE STUDENT IN QUESTION, THE STUDENT, OR A MEMBER OF THE
COMMITTEE ON SPECIAL EDUCATION. THE PARENTS OR PERSONS IN PARENTAL
RELATION OF THE STUDENT IN QUESTION SHALL RECEIVE PROPER WRITTEN NOTICE
OF THEIR RIGHT TO HAVE AN ADDITIONAL PARENT ATTEND ANY MEETING OF THE
COMMITTEE REGARDING THE STUDENT ALONG WITH A STATEMENT, PREPARED BY THE
DEPARTMENT, EXPLAINING THE ROLE OF HAVING THE ADDITIONAL PARENT ATTEND
THE MEETING. The committee shall invite the appropriate professionals
most familiar with a student's disability or disabilities to attend any
meeting concerning the educational program for such student. Except as
otherwise provided in this clause or clause (b-1) or (b-2) of this
subparagraph, all members of such committee shall attend meetings of the
committee on special education.
S 2. Clause (b) 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, is amended to read as follows:
(b) In determining the composition of such committee pursuant to
clause (a) of this subparagraph, a school district may determine that a
member appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
(ix) of clause (a) of this subparagraph also fulfills the requirement of
subclause (vi) of clause (a) of this subparagraph of a member who is an
individual who can interpret the instructional implications of evalu-
ation results where such individuals are determined by the school
district to have the knowledge and expertise to do so and/or that a
member appointed pursuant to subclause (iii) or (iv) of clause (a) of
this subparagraph also fulfills the requirement of subclause (v) of
clause (a) of this subparagraph of a member who is a representative of
the school district. The regular education teacher of the student shall
participate in the development, review and revision of the individual-
ized education program for the student, to the extent required under
federal law. The school physician need not be in attendance at any meet-
ing of the committee on special education unless specifically requested
in writing, at least seventy-two hours prior to such meeting by the
parents or other person in parental relationship to the student in ques-
tion, the student, or a member of the committee on special education.
The parents or persons in parental relationship of the student in ques-
tion shall receive proper written notice of their right to have the
school physician attend the meetings of the committee on special educa-
tion upon referral of said student to the committee on special education
or whenever such committee plans to modify or change the identification,
evaluation or educational placement of the student [and their right to
request that an additional parent member not participate at any meeting
of the committee regarding the student]. THE ADDITIONAL PARENT NEED NOT
BE IN ATTENDANCE AT ANY MEETING OF THE COMMITTEE ON SPECIAL EDUCATION
UNLESS SPECIFICALLY REQUESTED IN WRITING, AT LEAST SEVENTY-TWO HOURS
PRIOR TO SUCH MEETING BY THE PARENTS OR OTHER PERSON IN PARENTAL
A. 7216--A 3
RELATION TO THE STUDENT IN QUESTION, THE STUDENT, OR A MEMBER OF THE
COMMITTEE ON SPECIAL EDUCATION. THE PARENTS OR PERSONS IN PARENTAL
RELATION OF THE STUDENT IN QUESTION SHALL RECEIVE PROPER WRITTEN NOTICE
OF THEIR RIGHT TO HAVE AN ADDITIONAL PARENT ATTEND ANY MEETING OF THE
COMMITTEE REGARDING THE STUDENT ALONG WITH A STATEMENT, PREPARED BY THE
DEPARTMENT, EXPLAINING THE ROLE OF HAVING THE ADDITIONAL PARENT ATTEND
THE MEETING. The committee shall invite the appropriate professionals
most familiar with a student's disability or disabilities to attend any
meeting concerning the educational program for such student. Members of
such committee shall serve at the pleasure of such board and members who
are neither employees of nor under contract with such district shall
serve without compensation except that such members shall be entitled to
a per diem to defray expenses incurred in such service, provided, howev-
er, that any expense incurred shall be deemed an aidable operating
expense for purposes of state aid.
S 3. This act shall take effect immediately; provided, however, that
the amendments to clause (b) of subparagraph 1 of paragraph b of subdi-
vision 1 of section 4402 of the education law made by section one of
this act shall be subject to the expiration and reversion of such clause
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.