Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jul 31, 2012 | vetoed memo.130 |
Jul 20, 2012 | delivered to governor |
Jun 21, 2012 | returned to senate passed assembly ordered to third reading rules cal.506 substituted for a10722a referred to ways and means delivered to assembly passed senate |
Jun 20, 2012 | ordered to third reading cal.1422 |
Jun 18, 2012 | print number 7722a |
Jun 18, 2012 | amend (t) and recommit to rules |
Jun 15, 2012 | referred to rules |
senate Bill S7722A
Vetoed By GovernorSponsored By
John J. Flanagan
(R, C, IP) 0 Senate District
Archive: Last Bill Status - Vetoed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Vetoed by Governor
Your Voice
Actions
Votes
Bill Amendments
Co-Sponsors
Dean G. Skelos
(R, C, IP) 0 Senate District
S7722 - Details
- See Assembly Version of this Bill:
- A10722
- Law Section:
- Education Law
- Laws Affected:
- Amd §§4402 & 4404, Ed L
S7722 - Sponsor Memo
BILL NUMBER:S7722 TITLE OF BILL: An act to amend the education law, in relation to the consideration of cultural factors for the purposes of special education placement PURPOSE: To allow cultural-educational factors to be considered when developing an appropriate special education placement. SUMMARY OF PROVISIONS: Section 1: Provides that because cultural-educational factors are considered when evaluating a student with disabilities, such factors shall also be considered when determining the appropriateness of a special education placement. Provides that tuition reimbursement shall continue without further application or delay so long as the placement remains appropriate. Further provides that a school district shall grant or deny a parent's request for tuition reimbursement within 90 days from the date the request is received. Section 2: Sets forth the effective date. JUSTIFICATION:
S7722 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7722 I N S E N A T E June 15, 2012 ___________ Introduced by Sens. FLANAGAN, SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law, in relation to the consideration of cultural factors for the purposes of special education placement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Clauses (a) and (b) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law, clause (a) as amended by chapter 53 of the laws of 1991 and clause (b) as amended by chapter 378 of the laws of 2007, are amended to read as follows: (a) Obtain, review and evaluate all relevant information, including but not limited to that presented by the parent, person in parental relationship and teacher, pertinent to each child suspected of or iden- tified as having a handicapping condition, including the results of a physical examination performed in accordance with sections nine hundred three, nine hundred four and nine hundred five of this chapter and, where determined to be necessary by a school psychologist, an appropri- ate psychological evaluation performed by a qualified private or school psychologist, and other appropriate assessments as necessary to ascer- tain the physical, mental, emotional and cultural-educational factors, INCLUDING THE EDUCATIONAL IMPACT ON THE STUDENT OF ANY SUCH FACTORS which may contribute to the suspected or identified handicapping condi- tion, and all other school data which bear on the child's progress, including, where appropriate, observation of classroom performance. (b) (i) Make recommendations based upon a written evaluation setting forth the reasons for the recommendations, to the child's parent or person in parental relation and board of education or trustees as to appropriate educational programs and placement in accordance with the provisions of subdivision six of section forty-four hundred one-a of this article, and as to the advisability of continuation, modification, or termination of special class or program placements which evaluation shall be furnished to the child's parent or person in parental relation together with the recommendations provided, however that the committee may recommend a placement in a school which uses psychotropic drugs only EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Co-Sponsors
Dean G. Skelos
(R, C, IP) 0 Senate District
David Storobin
(R, C, SC) 0 Senate District
S7722A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10722
- Law Section:
- Education Law
- Laws Affected:
- Amd §§4402 & 4404, Ed L
S7722A (ACTIVE) - Sponsor Memo
BILL NUMBER:S7722A TITLE OF BILL: An act to amend the education law, in relation to determinations of appropriate educational programs for certain students PURPOSE OR GENERAL IDEA OF BILL: This purpose of this bill is provide for a special education placement process that will help ensure students with disabilities are placed in the appropriate programs and receive tuition reimbursement in a timely manner. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill requires the committee to consider the educational impact differences between the school environment and the child's home environment and family background may have on the child's ability to receive a free appropriate public education. Section 2 of the bill requires a school district to provide tuition reimbursement for a child unless the CSE amends or modifies the child's IEP. This section also requires a school district to grant or deny a parent's request for tuition reimbursement within 90 days. If the request is granted, tuition must be provided within 30 days from the date the request was granted. Section 3 of the bill contains the effective date.
S7722A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7722--A I N S E N A T E June 15, 2012 ___________ Introduced by Sens. FLANAGAN, SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the education law, in relation to determinations of appropriate educational programs for certain students THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subclause (i) of clause (b) of subparagraph 3 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: (i) Make recommendations based upon a written evaluation setting forth the reasons for the recommendations, to the child's parent or person in parental relation and board of education or trustees as to appropriate educational programs and placement in accordance with the provisions of subdivision six of section forty-four hundred one-a of this article, and as to the advisability of continuation, modification, or termination of special class or program placements which evaluation shall be furnished to the child's parent or person in parental relation together with the recommendations provided, however that the committee may recommend a placement in a school which uses psychotropic drugs only if such school has a written policy pertaining to such use that is consistent with subdivision four-a of section thirty-two hundred eight of this chapter and that the parent or person in parental relation is given such written policy at the time such recommendation is made. THE DETERMINATION OF APPROPRIATE EDUCATIONAL PROGRAMS AND PLACEMENTS SHALL INCLUDE, UPON A REQUEST BY A CHILD'S PARENT OR PERSON IN PARENTAL RELATION, A DETERMI- NATION OF THE CHILD'S ABILITY TO LEARN IN ANY GIVEN EDUCATIONAL ENVIRON- MENT. SUCH DETERMINATION SHALL TAKE INTO ACCOUNT ANY POSSIBLE EDUCA- TIONAL IMPACT DIFFERENCES BETWEEN THE SCHOOL ENVIRONMENT AND THE CHILD'S HOME ENVIRONMENT AND FAMILY BACKGROUND MAY HAVE ON THE CHILD'S ABILITY TO RECEIVE A FREE APPROPRIATE PUBLIC EDUCATION. SUCH DETERMINATION SHALL INCLUDE DOCUMENTATION AS TO WHETHER THESE FACTORS WOULD AFFECT THE CHILD'S ABILITY TO LEARN. If such recommendation is not acceptable to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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