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Assembly Bill A9876

2011-2012 Legislative Session

Relates to children with handicapping conditions attending educational facility located outside the state

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Archive: Last Bill Status - In Assembly Committee

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2011-A9876 (ACTIVE) - Details

See Senate Version of this Bill:
S7618
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd ยง4407, Ed L
Versions Introduced in 2013-2014 Legislative Session:
A968, S3618

2011-A9876 (ACTIVE) - Summary

Relates to children with handicapping conditions attending an educational facility located outside the state: provides that upon a determination that the out-of-state facility is appropriately meeting the needs of the child, such child need not be referred to an appropriate in-state program unless the parent or guardian of such child so elects; provides that, upon reapplication for state reimbursement by the school district of which such child is a resident, no documentation shall be required to establish that there are no appropriate public or approved private facilities for instruction available within the state or that any efforts were made to obtain placement of the student in such an in-state facility.

2011-A9876 (ACTIVE) - Bill Text download pdf 

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

                                  9876

                          I N  A S S E M B L Y

                             April 19, 2012
                               ___________

Introduced  by M. of A. KELLNER -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law, in relation to children  with  handi-
  capping  conditions  attending an educational facility located outside
  the state

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

  Section  1.  Section  4407 of the education law is amended by adding a
new subdivision 6 to read as follows:
  6. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, UPON A
DETERMINATION THAT AN EDUCATIONAL FACILITY LOCATED OUTSIDE THE STATE  IS
APPROPRIATELY MEETING THE NEEDS OF A CHILD WITH A HANDICAPPING CONDITION
ATTENDING  SUCH  FACILITY  PURSUANT TO THIS SECTION, WHICH DETERMINATION
SHALL BE MADE AS PART OF THE ANNUAL REVIEW OF THE STUDENT'S  INDIVIDUAL-
IZED  EDUCATION PROGRAM, SUCH CHILD NEED NOT BE REFERRED TO AN APPROPRI-
ATE IN-STATE PROGRAM UNLESS THE PARENT OR  GUARDIAN  OF  SUCH  CHILD  SO
ELECTS.  UPON  REAPPLICATION  FOR  STATE  REIMBURSEMENT  BY  THE  SCHOOL
DISTRICT OF WHICH SUCH CHILD IS A RESIDENT, NO  DOCUMENTATION  SHALL  BE
REQUIRED  TO  ESTABLISH THAT THERE ARE NO APPROPRIATE PUBLIC OR APPROVED
PRIVATE FACILITIES FOR INSTRUCTION AVAILABLE WITHIN THE  STATE  OR  THAT
ANY  EFFORTS  WERE  MADE  TO  OBTAIN PLACEMENT OF THE STUDENT IN SUCH AN
IN-STATE FACILITY.
  S 2. This act shall take effect on the first of July  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment, and/or repeal of any rule or  regulation  necessary
for  the  timely  implementation  of  this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14813-01-2

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