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Assembly Bill A9961C

2011-2012 Legislative Session

Relates to certain information to be provided prior to hearings held for certain pupils being suspended from school

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A9961 - Details

See Senate Version of this Bill:
S7225
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd §4402, Ed L
Versions Introduced in 2013-2014 Legislative Session:
A4054

2011-A9961 - Summary

Relates to certain information about special education upon entry to school.

2011-A9961 - Bill Text download pdf

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

                                  9961

                          I N  A S S E M B L Y

                             April 27, 2012
                               ___________

Introduced  by  M. of A. WEISENBERG, P. RIVERA, ABINANTI, CASTRO, CLARK,
  MILLMAN, GRAF, TITUS --  Multi-Sponsored  by  --  M.  of  A.  CERETTO,
  CROUCH, McDONOUGH, PERRY -- read once and referred to the Committee on
  Education

AN ACT to amend the education law, in relation to certain information to
  be  provided prior to hearings held for certain pupils being suspended
  from school

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

  Section  1.  Subparagraph 1 of paragraph c of subdivision 3 of section
3214 of the education law, as amended by chapter  430  of  the  laws  of
2006, is amended to read as follows:
  (1)  No  pupil  may be suspended for a period in excess of five school
days unless such pupil and the person in parental relation to such pupil
shall have had an  opportunity  for  a  fair  hearing,  upon  reasonable
notice,  at  which  such pupil shall have the right of representation by
counsel, with the right to question witnesses against such pupil and  to
present  witnesses  and  other  evidence on his or her behalf.  PRIOR TO
SUCH HEARING, SUCH PUPIL AND SUCH PERSON IN PARENTAL  RELATION  TO  SUCH
PUPIL  SHALL  BE  PROVIDED  WITH AN INFORMATIONAL DOCUMENT BY THE SCHOOL
DISTRICT WITH THE NAME AND CONTACT INFORMATION FOR  THE  CHAIRPERSON  OF
THE SCHOOL DISTRICT'S COMMITTEE ON SPECIAL EDUCATION OR OTHER INDIVIDUAL
WHO  IS  CHARGED  WITH  PROCESSING  REFERRALS  TO  THE  COMMITTEE IN THE
DISTRICT, AND THE MANNER IN WHICH A PARENT MAY  REFER  THEIR  CHILD  FOR
EVALUATION  IF  THEY BELIEVE THE STUDENT'S BEHAVIOR IS THE MANIFESTATION
OF A DISABILITY. Where the pupil is a student with  a  disability  or  a
student  presumed to have a disability, the provisions of paragraph g of
this subdivision shall also apply. Where a pupil has been  suspended  in
accordance  with  this  subparagraph  by  a  superintendent  of schools,
district superintendent of schools,  or  community  superintendent,  the
superintendent  shall  personally  hear  and determine the proceeding or
may, in his or her discretion, designate a hearing  officer  to  conduct
the hearing. The hearing officer shall be authorized to administer oaths
and  to issue subpoenas in conjunction with the proceeding before him or

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

co-Sponsors

multi-Sponsors

2011-A9961A - Details

See Senate Version of this Bill:
S7225
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd §4402, Ed L
Versions Introduced in 2013-2014 Legislative Session:
A4054

2011-A9961A - Summary

Relates to certain information about special education upon entry to school.

2011-A9961A - Bill Text download pdf

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

                                 9961--A

                          I N  A S S E M B L Y

                             April 27, 2012
                               ___________

Introduced by M. of A. WEISENBERG, P. RIVERA, ABINANTI, CASTRO, MILLMAN,
  GRAF, TITUS, JAFFEE, COLTON, BOYLAND, ROBINSON, COOK, ROBERTS, WEPRIN,
  BARRETT,  ROSENTHAL  -- Multi-Sponsored by -- M. of A. CERETTO, CLARK,
  CROUCH,    HOOPER,    MARKEY,    McDONOUGH,    McENENY,    McLAUGHLIN,
  PEOPLES-STOKES, PERRY, RAIA -- 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 certain information to
  be provided prior to hearings held for certain pupils being  suspended
  from school

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

  Section 1. Subparagraph 1 of paragraph c of subdivision 3  of  section
3214  of  the  education  law,  as amended by chapter 430 of the laws of
2006, is amended to read as follows:
  (1) No pupil may be suspended for a period in excess  of  five  school
days unless such pupil and the person in parental relation to such pupil
shall  have  had  an  opportunity  for  a  fair hearing, upon reasonable
notice, at which such pupil shall have the right  of  representation  by
counsel,  with the right to question witnesses against such pupil and to
present witnesses and other evidence on his or her  behalf.    PRIOR  TO
SUCH  HEARING,  THE  PERSON  IN PARENTAL RELATION TO SUCH PUPIL SHALL BE
PROVIDED WITH AN INFORMATIONAL DOCUMENT BY  THE  SCHOOL  DISTRICT.  THIS
DOCUMENT  SHALL  CONTAIN THE NAME AND CONTACT INFORMATION FOR THE CHAIR-
PERSON OF THE SCHOOL DISTRICT'S COMMITTEE ON SPECIAL EDUCATION OR  OTHER
INDIVIDUAL  WHO IS CHARGED WITH PROCESSING REFERRALS TO THE COMMITTEE IN
THE DISTRICT. IT SHALL ALSO CONTAIN THE MANNER IN WHICH  THE  PERSON  IN
PARENTAL  RELATION  TO SUCH PUPIL BELIEVES THE STUDENT'S BEHAVIOR IS THE
MANIFESTATION OF A DISABILITY. Where the pupil is a student with a disa-
bility or a student presumed to have a  disability,  the  provisions  of
paragraph g of this subdivision shall also apply. Where a pupil has been
suspended  in  accordance  with this subparagraph by a superintendent of
schools, district superintendent of schools,  or  community  superinten-
dent,  the  superintendent  shall  personally  hear  and  determine  the

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

co-Sponsors

multi-Sponsors

2011-A9961B - Details

See Senate Version of this Bill:
S7225
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd §4402, Ed L
Versions Introduced in 2013-2014 Legislative Session:
A4054

2011-A9961B - Summary

Relates to certain information about special education upon entry to school.

2011-A9961B - Bill Text download pdf

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

                                 9961--B

                          I N  A S S E M B L Y

                             April 27, 2012
                               ___________

Introduced by M. of A. WEISENBERG, P. RIVERA, ABINANTI, CASTRO, MILLMAN,
  GRAF, TITUS, JAFFEE, COLTON, BOYLAND, ROBINSON, COOK, ROBERTS, WEPRIN,
  BARRETT,  ROSENTHAL, GIBSON -- Multi-Sponsored by -- M. of A. CERETTO,
  CLARK,  CROUCH,  HOOPER,  MARKEY,  McDONOUGH,   McENENY,   McLAUGHLIN,
  PEOPLES-STOKES, PERRY, RAIA -- read once and referred to the Committee
  on  Education -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee --  again  reported  from
  said  committee  with  amendments,  ordered  reprinted  as amended and
  recommitted to said committee

AN ACT to amend the education law, in relation to certain information to
  be provided prior to hearings held for certain pupils being  suspended
  from school

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

  Section 1. Section 4402 of the education law is amended  by  adding  a
new subdivision 8 to read as follows:
  8.  UPON  THEIR  CHILD'S  ENROLLMENT OR ATTENDANCE IN A PUBLIC SCHOOL,
SUCH SCHOOL SHALL NOTIFY EVERY PARENT OR PERSON IN PARENTAL RELATION  OF
THEIR  RIGHTS  REGARDING  REFERRAL AND EVALUATION OF THEIR CHILD FOR THE
PURPOSES OF SPECIAL EDUCATION SERVICES OR PROGRAMS PURSUANT TO  APPLICA-
BLE FEDERAL AND STATE LAWS. SUCH NOTIFICATION MAY BE PROVIDED BY DIRECT-
ING  PARENTS  OR  PERSONS  IN  PARENTAL  RELATION  TO OBTAIN INFORMATION
LOCATED ON THE DEPARTMENT'S WEBSITE RELATING  TO  A  PARENT'S  GUIDE  TO
SPECIAL  EDUCATION  IN  NEW  YORK  STATE FOR CHILDREN AGES THREE THROUGH
TWENTY-ONE PROVIDED THE NOTIFICATION SHALL ALSO  CONTAIN  THE  NAME  AND
CONTACT INFORMATION FOR THE CHAIRPERSON OF THE SCHOOL DISTRICT'S COMMIT-
TEE  ON  SPECIAL EDUCATION OR OTHER INDIVIDUAL WHO IS CHARGED WITH PROC-
ESSING REFERRALS TO THE COMMITTEE IN THE DISTRICT.
  S 2. This act shall take effect July 1, 2013.  Effective  immediately,
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15313-08-2

              

co-Sponsors

multi-Sponsors

2011-A9961C (ACTIVE) - Details

See Senate Version of this Bill:
S7225
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd §4402, Ed L
Versions Introduced in 2013-2014 Legislative Session:
A4054

2011-A9961C (ACTIVE) - Summary

Relates to certain information about special education upon entry to school.

2011-A9961C (ACTIVE) - Bill Text download pdf

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

                                 9961--C

                          I N  A S S E M B L Y

                             April 27, 2012
                               ___________

Introduced by M. of A. WEISENBERG, P. RIVERA, ABINANTI, CASTRO, MILLMAN,
  GRAF, TITUS, JAFFEE, COLTON, BOYLAND, ROBINSON, COOK, ROBERTS, WEPRIN,
  BARRETT,  ROSENTHAL, GIBSON -- Multi-Sponsored by -- M. of A. CERETTO,
  CLARK,  CROUCH,  HOOPER,  MARKEY,  McDONOUGH,   McENENY,   McLAUGHLIN,
  PEOPLES-STOKES,  PERRY,  RAIA, WRIGHT -- read once and referred to the
  Committee on Education -- committee discharged, bill amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN  ACT  to  amend the education law, in relation to certain information
  about special education upon entry to school

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

  Section  1.  Section  4402 of the education law is amended by adding a
new subdivision 8 to read as follows:
  8. UPON THEIR CHILD'S ENROLLMENT OR ATTENDANCE  IN  A  PUBLIC  SCHOOL,
SUCH  SCHOOL SHALL NOTIFY EVERY PARENT OR PERSON IN PARENTAL RELATION OF
THEIR RIGHTS REGARDING REFERRAL AND EVALUATION OF THEIR  CHILD  FOR  THE
PURPOSES  OF SPECIAL EDUCATION SERVICES OR PROGRAMS PURSUANT TO APPLICA-
BLE FEDERAL AND STATE LAWS. SUCH NOTIFICATION MAY BE PROVIDED BY DIRECT-
ING PARENTS OR  PERSONS  IN  PARENTAL  RELATION  TO  OBTAIN  INFORMATION
LOCATED  ON  THE  DEPARTMENT'S  WEBSITE  RELATING TO A PARENT'S GUIDE TO
SPECIAL EDUCATION IN NEW YORK STATE  FOR  CHILDREN  AGES  THREE  THROUGH
TWENTY-ONE  PROVIDED  THE  NOTIFICATION  SHALL ALSO CONTAIN THE NAME AND
CONTACT INFORMATION FOR THE CHAIRPERSON OF THE SCHOOL DISTRICT'S COMMIT-
TEE ON SPECIAL EDUCATION OR OTHER INDIVIDUAL WHO IS CHARGED  WITH  PROC-
ESSING REFERRALS TO THE COMMITTEE IN THE DISTRICT.
  S  2. This act shall take effect July 1, 2013.  Effective immediately,
the addition, amendment and/or repeal of any rules or regulations neces-
sary for the implementation of  this  act  on  its  effective  date  are
authorized to be made on or before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15313-10-2
              

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