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.
