S T A T E   O F   N E W   Y O R K
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                                  8121

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 2, 2011
                               ___________

Introduced  by  M. of A. HOYT -- read once and referred to the Committee
  on Education

AN ACT relating to authorizing the state of New York to provide  special
  education  programs  or  services to students with disabilities at the
  same level as required by the federal government

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

  Section  1. Notwithstanding any other provisions of law, rule or regu-
lation to the contrary,  all  school  districts  shall  be  required  to
conform with all federal laws and regulations relating to special educa-
tion programs and services to be provided to students with disabilities.
No state law or regulation shall impose any additional mandate or proce-
dural  requirement  for  special  education students on school districts
except as provided in section two of this act.
  S 2. There shall be an advisory committee established  to  review  the
current  laws  and  regulations  of  the  state  of New York relating to
special education. The advisory committee  shall  consist  of  represen-
tatives  of  parents,  teachers, principals, superintendents of schools,
school boards, school district  and  board  of  cooperative  educational
services  officials  and  other interested parties, as determined by the
commissioner of education. The advisory committee shall review New  York
state  laws  and  regulations relating to special education which are in
effect on the date upon which this act is signed into law.  The advisory
committee shall consider the programmatic  impact,  educational  impact,
financial  impact  and other impacts as the committee deems necessary of
each law and regulation relating  to  special  education.  The  advisory
committee  shall  take  into  account the impacts of such laws and regu-
lations to make an evaluation of each state law and regulation above the
federal level and recommend which laws and/or regulations should  remain
in  effect  after July 1, 2013. Upon such recommendation, the department
of education shall submit to the legislature on  or  before  January  1,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11874-01-1
              

A. 8121                             2

2013,  a report outlining the laws recommended by the advisory committee
to remain in effect above the level required by the federal  government.
The  legislature  shall take action to exempt such laws from section one
of  this  act. Any such state law relating to special education programs
and services to be provided to students with disabilities not renewed by
the legislature on or before June 30,  2011  shall  be  deemed  repealed
subject  to  section  one  of  this  act. The addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of the
advisory committee's recommendations are authorized and directed  to  be
made  and  completed  by the commissioner of education on or before June
30, 2011.
  S 3. This act shall take effect immediately; provided that section one
of this act shall take effect July 1, 2013.