S T A T E O F N E W Y O R K
________________________________________________________________________
8121
2011-2012 Regular Sessions
I N A S S E M B L Y
June 2, 2011
___________
Introduced by M. of A. HOYT -- read once and referred to the Committee
on Education
AN ACT relating to authorizing the state of New York to provide special
education programs or services to students with disabilities at the
same level as required by the federal government
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding any other provisions of law, rule or regu-
lation to the contrary, all school districts shall be required to
conform with all federal laws and regulations relating to special educa-
tion programs and services to be provided to students with disabilities.
No state law or regulation shall impose any additional mandate or proce-
dural requirement for special education students on school districts
except as provided in section two of this act.
S 2. There shall be an advisory committee established to review the
current laws and regulations of the state of New York relating to
special education. The advisory committee shall consist of represen-
tatives of parents, teachers, principals, superintendents of schools,
school boards, school district and board of cooperative educational
services officials and other interested parties, as determined by the
commissioner of education. The advisory committee shall review New York
state laws and regulations relating to special education which are in
effect on the date upon which this act is signed into law. The advisory
committee shall consider the programmatic impact, educational impact,
financial impact and other impacts as the committee deems necessary of
each law and regulation relating to special education. The advisory
committee shall take into account the impacts of such laws and regu-
lations to make an evaluation of each state law and regulation above the
federal level and recommend which laws and/or regulations should remain
in effect after July 1, 2013. Upon such recommendation, the department
of education shall submit to the legislature on or before January 1,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11874-01-1
A. 8121 2
2013, a report outlining the laws recommended by the advisory committee
to remain in effect above the level required by the federal government.
The legislature shall take action to exempt such laws from section one
of this act. Any such state law relating to special education programs
and services to be provided to students with disabilities not renewed by
the legislature on or before June 30, 2011 shall be deemed repealed
subject to section one of this act. The addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of the
advisory committee's recommendations are authorized and directed to be
made and completed by the commissioner of education on or before June
30, 2011.
S 3. This act shall take effect immediately; provided that section one
of this act shall take effect July 1, 2013.