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 - Bill 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 - Bill Texts

view summary

Relates to determinations of appropriate educational programs for certain students.

view 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:

Presently, when evaluating a student with disabilities, the evaluation
must include an examination of physical, mental, emotion and
cultural-educational factors. It follows that when the evaluation
determines any of these factors to have an adverse impact on the
student's ability to learn, such factors should also be considered
when developing an individual education plan and appropriate
placement. However, current practice does not always ensure that such
identified factors are considered. To ensure that special education
students do in fact receive a free, appropriate, public education, it
is imperative that both the evaluation and placement of a student
consider the student's physical, mental, emotional, and
cultural-educational factors.

Furthermore, significant savings can be achieved for both the school
district and parent by streamlining the tuition reimbursement process
when placement of a student in a nonpublic school is determined to be
the appropriate placement.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
120 days after the bill becomes law, provided, however, that the
amendments to clause (b) of subparagraph 3 of paragraph b of
subdivision 1 of section 4402 of the education law made by section
one of this act shall not affect the expiration of such clause and


shall be deemed to expire therewith. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is
authorized to be made on or before such date.

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                    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.
                                                           LBD16255-01-2

S. 7722                             2

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.  IF
AN EVALUATION CONDUCTED PURSUANT TO  CLAUSE  (A)  OF  THIS  SUBPARAGRAPH
IDENTIFIES  CULTURAL-EDUCATIONAL  FACTORS WHICH MAY ADVERSELY IMPACT THE
STUDENT'S ABILITY TO LEARN, SUCH FACTORS SHALL BE CONSIDERED WHEN EVALU-
ATING THE APPROPRIATENESS OF A RECOMMENDED PLACEMENT.
  (II) If such recommendation is not acceptable to the parent or  person
in  parental  relation,  such  parent or person in parental relation may
appeal such recommendation as provided for in section forty-four hundred
four of this [chapter]  ARTICLE.   IF A PARENT, OR  PERSON  IN  PARENTAL
RELATION  PREVAILS  UPON  APPEAL  AND  IS  THEREFORE ENTITLED TO TUITION
REIMBURSEMENT, OR UPON AGREEMENT WITH THE SCHOOL DISTRICT  THAT  RESULTS
IN  TUITION  REIMBURSEMENT,  SUCH  REIMBURSEMENT  SHALL CONTINUE FOR THE
DURATION OF THE PLACEMENT. PROVIDED  FURTHER  THAT  REIMBURSEMENT  SHALL
CONTINUE  WITHOUT  FURTHER APPLICATION OR DELAY SO LONG AS THE PLACEMENT
REMAINS APPROPRIATE. FOR PURPOSES OF THIS SECTION, SUCH PLACEMENT  SHALL
BE DEEMED APPROPRIATE UPON DETERMINATION THAT THE PARENT IS ELIGIBLE FOR
TUITION REIMBURSEMENT EITHER BY PREVAILING UPON APPEAL OR PURSUANT TO AN
AGREEMENT WITH THE DISTRICT THAT RESULTS IN SUCH REIMBURSEMENT. PROVIDED
FURTHER THAT PURSUANT TO SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE
A  SCHOOL  DISTRICT  SHALL  GRANT OR DENY A PARENT'S REQUEST FOR TUITION
REIMBURSEMENT WITHIN NINETY DAYS FROM THE DATE SUCH REQUEST IS RECEIVED.
  [(ii)] (III) Notwithstanding any provisions of this clause  or  clause
(a)  of  this  subparagraph  to  the  contrary,  in  making changes to a
student's individualized education program after the annual  review  has
been conducted, the parent or person in parental relation to the student
and  the  school  district  may  agree  not  to convene a meeting of the
committee on special education for the purpose of making those  changes,
and  instead  may  develop  a  written  document  to amend or modify the
student's current individualized education program under  the  following
circumstances:
  (A)  The  parent or person in parental relation makes a request to the
school district for an amendment to the individualized education program
and the school district and such parent or person in  parental  relation
agree in writing; or
  (B)  The  school  district  provides  the parent or person in parental
relation with a written proposal to amend a provision or  provisions  of
the individualized education program that is conveyed in language under-
standable  to the parent or person in parental relation in such parent's
or such person's native language or other [dominate]  DOMINANT  mode  of
communication,  informs  and  allows  the  parent  or person in parental
relation the opportunity to consult with the  appropriate  personnel  or
related service providers concerning the proposed changes and the parent
or person in parental relation agrees in writing to such amendments.
  (C)  If  the parent or person in parental relation agrees to amend the
individualized education program without a meeting, the parent or person
in parental relation shall be  provided  prior  written  notice  of  the
changes  to  the  individualized  education  program resulting from such
written document and the special education committee shall  be  notified
of  such changes. If the school district makes such changes by rewriting
the entire individualized education program, it shall provide the parent
or person in parental relation with a copy of the rewritten  individual-
ized education program. If the school district amends the individualized
education  program  without  rewriting  the  entire document, the school

S. 7722                             3

district shall provide the parent or person in parental relation with  a
copy  of  the document that amends or modifies the individualized educa-
tion program or, upon request  of  the  parent  or  person  in  parental
relation,  a  revised  copy of the individualized education program with
the amendments incorporated.
  Amendments to an individualized education  program  pursuant  to  this
subitem  shall  not  affect  the  requirement that the special education
committee review the individualized  education  program  at  the  annual
meeting, or more often if necessary.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have  become a law, provided, however, that the amendments to
clause (b) of subparagraph 3 of paragraph b of subdivision 1 of  section
4402  of  the  education  law  made by section one of this act shall not
affect the expiration of such clause and shall be deemed to expire ther-
ewith. Effective immediately, the addition, amendment and/or  repeal  of
any  rule  or regulation necessary for the implementation of this act on
its effective date is authorized to be made on or before such date.

Co-Sponsors

S7722A (ACTIVE) - Bill 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) - Bill Texts

view summary

Relates to determinations of appropriate educational programs for certain students.

view 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.

JUSTIFICATION:
Will 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.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATION:
Undetermined

EFFECTIVE DATE:
Immediately; provided, however, the amendments to clause (b) of
subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the
education law made by section one of this act shall not affect the
expiration of such clause and shall be deemed to expire therewith;
provided, further, however, that the amendments made to subdivision 1
of section 4404 of the education law made by section two of this act
shall not affect the expiration of such subdivision and shall be
deemed to expire therewith.

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                    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.
                                                           LBD16255-02-2

S. 7722--A                          2

the  parent  or  person  in  parental relation, such parent or person in
parental relation may appeal such  recommendation  as  provided  for  in
section  forty-four  hundred  four  of this [chapter] ARTICLE.  PROVIDED
FURTHER THAT PURSUANT TO SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE
A  SCHOOL  DISTRICT  SHALL  GRANT OR DENY A PARENT'S REQUEST FOR TUITION
REIMBURSEMENT WITHIN NINETY DAYS FROM THE DATE SUCH REQUEST IS RECEIVED.
IF THE SCHOOL DISTRICT GRANTS THE  REQUEST  FOR  TUITION  REIMBURSEMENT,
SUCH  TUITION REIMBURSEMENT MUST BE PROVIDED WITHIN THIRTY DAYS FROM THE
DATE THE REQUEST WAS GRANTED.
  S 2. Paragraph a of subdivision 1 of section 4404 of the education law
is amended by adding a new closing paragraph to read as follows:
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO  THE
CONTRARY,  UPON  A WRITTEN SETTLEMENT AGREEMENT BETWEEN A CHILD'S PARENT
OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OR TRUSTEES OF
A SCHOOL DISTRICT OR A STATE AGENCY, OR THE  DECISION  OF  AN  IMPARTIAL
HEARING  OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILAT-
ERAL PARENTAL PLACEMENT WAS APPROPRIATE AND THAT  TUITION  REIMBURSEMENT
SHOULD BE GRANTED FOR SUCH UNILATERAL PLACEMENT, SUCH TUITION REIMBURSE-
MENT  SHALL  CONTINUE UNTIL THE COMMITTEE ON SPECIAL EDUCATION AMENDS OR
MODIFIES THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM.
  S 3. This act shall take effect immediately;  provided,  however,  the
amendments to clause (b) of subparagraph 3 of paragraph b of subdivision
1  of  section 4402 of the education law made by section one of this act
shall not affect the expiration of such clause and shall  be  deemed  to
expire  therewith;  provided, further, however, that the amendments made
to subdivision 1 of section 4404 of the education law  made  by  section
two  of this act shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.

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