Assembly Bill A746

2011-2012 Legislative Session

Relates to the elimination of state review officer; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2011-A746 (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §4404, rpld subs 2 & 3, rpld §4410 sub 7 ¶d, Ed L; rpld §7803 sub 5, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A8591
2013-2014: A969

2011-A746 (ACTIVE) - Summary

Relates to the elimination of state review officer.

2011-A746 (ACTIVE) - Bill Text download pdf

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

                                   746

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  KELLNER,  RAIA,  McDONOUGH,  MENG, ROBINSON,
  BURLING, RABBITT,  WEISENBERG,  HOOPER,  CORWIN,  TOBACCO,  ZEBROWSKI,
  JORDAN,  GUNTHER,  JAFFEE  --  Multi-Sponsored  by  -- M. of A. CONTE,
  DUPREY, FINCH, J. MILLER, MOLINARO, SAYWARD -- read once and  referred
  to the Committee on Education

AN  ACT  to  amend  the  education law, in relation to eliminating state
  review officers; and to repeal certain provisions of the education law
  and the civil practice law and rules relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph c of subdivision 1 of section 4404 of the educa-
tion law, as amended by chapter 583 of the laws of 2007, is  amended  to
read as follows:
  c.  Individuals so appointed by a board of education or a state agency
shall be selected from a list of available  impartial  hearing  officers
who  have  successfully  completed an impartial hearing officer training
program conducted by the department according to  a  rotation  selection
process  prescribed  in  regulations  of the commissioner; except that a
city school district of a city having a  population  of  more  than  one
million  inhabitants shall be exempt from such regulations to the extent
it maintains its rotational selection process in effect  prior  to  July
first, nineteen hundred ninety-three. A record of proceedings before the
impartial  hearing officer shall be maintained and made available to the
parties, and the hearing shall be conducted in accordance with the regu-
lations of the commissioner. The board of education or trustees  of  the
school  district or the state agency responsible for providing education
to students with disabilities shall have the burden of proof,  including
the burden of persuasion and burden of production, in any such impartial
hearing,  except  that  a  parent or person in parental relation seeking
tuition reimbursement for a unilateral parental placement shall have the

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.