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Assembly Bill A10722A

Vetoed By Governor

2011-2012 Legislative Session

Relates to determinations of appropriate educational programs for certain students

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Sponsored By

Archive: Last Bill Status Via S7722 - Vetoed by Governor

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Bill Amendments

2011-A10722 - Details

See Senate Version of this Bill:
S7722
Law Section:
Education Law
Laws Affected:
Amd §§4402 & 4404, Ed L

2011-A10722 - Summary

Relates to determinations of appropriate educational programs for certain students.

2011-A10722 - Bill Text download pdf 

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

                                  10722

                          I N  A S S E M B L Y

                              June 17, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
  -- read once and referred to the Committee on Education

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
the  parent  or  person  in  parental relation, such parent or person in
parental relation may appeal such  recommendation  as  provided  for  in

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

co-Sponsors

2011-A10722A (ACTIVE) - Details

See Senate Version of this Bill:
S7722
Law Section:
Education Law
Laws Affected:
Amd §§4402 & 4404, Ed L

2011-A10722A (ACTIVE) - Summary

Relates to determinations of appropriate educational programs for certain students.

2011-A10722A (ACTIVE) - Bill Text download pdf 

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

                                10722--A

                          I N  A S S E M B L Y

                              June 17, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
  -- read once and referred 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 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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