senate Bill S7722A

Vetoed By Governor
2011-2012 Legislative Session

Relates to determinations of appropriate educational programs for certain students

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Archive: Last Bill Status - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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
amend (t) and recommit to rules
Jun 15, 2012 referred to rules

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S7722 - Details

See Assembly Version of this Bill:
A10722A
Law Section:
Education Law
Laws Affected:
Amd §§4402 & 4404, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A10722A

S7722 - Summary

Relates to determinations of appropriate educational programs for certain students.

S7722 - Sponsor Memo

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

S7722A (ACTIVE) - Details

See Assembly Version of this Bill:
A10722A
Law Section:
Education Law
Laws Affected:
Amd §§4402 & 4404, Ed L
Versions Introduced in 2011-2012 Legislative Session:
A10722A

S7722A (ACTIVE) - Summary

Relates to determinations of appropriate educational programs for certain students.

S7722A (ACTIVE) - Sponsor Memo

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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