senate Bill S7225A

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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 print number 7225a
amend (t) and recommit to education
May 02, 2012 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

S7225 - Details

See Assembly Version of this Bill:
A9961C
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §4402, Ed L

S7225 - Summary

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

S7225 - Sponsor Memo

S7225 - Bill Text download pdf

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

                                  7225

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed 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
her.  A  record  of the hearing shall be maintained, but no stenographic
transcript shall be required and a tape  recording  shall  be  deemed  a

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

S7225A (ACTIVE) - Details

See Assembly Version of this Bill:
A9961C
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §4402, Ed L

S7225A (ACTIVE) - Summary

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

S7225A (ACTIVE) - Sponsor Memo

S7225A (ACTIVE) - Bill Text download pdf

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

                                 7225--A

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed 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
  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.
                                                           LBD15313-11-2

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