NY State Senate Bill 2011-S5510

Senate Bill S5510

Signed By Governor

2011-2012 Legislative Session

Allows a parent to request an additional parent residing in the school district to participate in committees on special education

download bill text pdf

Archive: Last Bill Status Via A7216 - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 01, 2012	signed chap.276
Jul 20, 2012	delivered to governor
Jun 21, 2012	returned to assembly passed senate 3rd reading cal.638 substituted for s5510a
Jun 21, 2012	substituted by a7216a
Jun 18, 2012	amended on third reading 5510a
May 07, 2012	advanced to third reading
May 02, 2012	2nd report cal.
May 01, 2012	1st report cal.638
Jan 04, 2012	referred to education
Jun 11, 2011	committee discharged and committed to rules
May 26, 2011	referred to education

Votes

- Jun 21, 2012 - Floor Vote
  A7216
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2012
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (2)
      
      Espaillat
      
      Huntley
  May 1, 2012 - Education Committee Vote
  S5510
  
  14
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 1, 2012
      
      aye (14)
      
      Addabbo Jr.
      
      Breslin
      
      Farley
      
      Flanagan
      
      Huntley
      
      LaValle
      
      Lanza
      
      Marcellino
      
      Maziarz
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Serrano
      
      Seward
      
      aye wr (4)
      
      Avella
      
      Montgomery
      
      Oppenheimer
      
      Stavisky

Bill Amendments

Original

A (Active)

2011-S5510 - Details

Law Section:: Education Law
Laws Affected:: Amd §4402, Ed L

2011-S5510 - Summary

Allows a parent to request an additional parent residing in the school district to participate in committees on special education.

2011-S5510 - Sponsor Memo

                                BILL NUMBER:S5510

TITLE OF BILL:
An act
to amend the education law, in relation to the additional parent member
of committees on special education

PURPOSE:
This bill will enable parents to decide whether to have the additional
parent or person in a parental relationship to the student included
as a member on the committee on special education (CSE).

SUMMARY OF PROVISIONS:
This bill amends subclause (viii) of clause (a) of subparagraph 1 of
paragraph 2 (b) of subdivision 1 of section 4402 of the education
law, by eliminating the automatic requirement that an additional
parent member serve on all committees on special education. It
replaces it with a requirement that such member must be appointed at
the request of a parent of the student whose individualized education
plan (IEP) is being reviewed. School districts will be required to
notify parents of this option to request participation of the
additional parent.

EXISTING LAW:
New York state uniquely requires that IEP teams include a "parent
member," in addition to a child's own parent, when convening an

annual review of a child's IEP. Although a parent member may provide
insight into the IEP process, no part of the IEF development is
dependent on the additional parent member's expertise.

JUSTIFICATION::
This bill will provide much needed mandate relief to the Committee on
Special Education (CSE). The New York city Department of Education
holds approximately 150,000 IEP meetings annually, with as many hours
spent on IEP development.

The elimination of automatic stipend payments and transportation
reimbursements for these parent volunteers would save the DOE
approximately $460,000 annually. By streamlining the process, the
proposal would also result in additional operational savings.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the state.
Savings of approximately $460,000 annually to the NYC DOE.

EFFECTIVE DATE:
Immediately.

2011-S5510 - Bill Text download pdf

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

                                  5510

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 26, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to the additional  parent
  member of committees on special education

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

  Section 1. Subclause (viii) of clause (a) of subparagraph 1  of  para-
graph  b  of  subdivision  1  of  section  4402 of the education law, as
amended by chapter 194 of the laws  of  2004,  is  amended  to  read  as
follows:
  (viii)  IF  REQUESTED BY THE PARENT OR PERSON IN PARENTAL RELATIONSHIP
TO THE STUDENT, an additional parent, residing in the school district or
a neighboring school district, of a student  with  a  disability,  of  a
student who has been declassified and is no longer eligible for an indi-
vidualized  education program (IEP), or a parent of a disabled child who
has graduated, for a period of five years beyond the student's declassi-
fication or graduation, provided such parent shall not be employed by or
under contract with the school district[, and provided further that such
additional parent shall not be a required member if the parents  request
that  such  additional  parent  member not participate]. DISTRICTS SHALL
PROVIDE PARENTS AND PERSONS IN  PARENTAL  RELATIONSHIP  TO  THE  STUDENT
NOTICE  OF  THE  RIGHT  TO  REQUEST  THE  PARTICIPATION OF AN ADDITIONAL
PARENT;
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11845-01-1

2011-S5510A (ACTIVE) - Details

Law Section:: Education Law
Laws Affected:: Amd §4402, Ed L

2011-S5510A (ACTIVE) - Summary

Allows a parent to request an additional parent residing in the school district to participate in committees on special education.

2011-S5510A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5510A

TITLE OF BILL:
An act
to amend the education law, in relation to the additional parent member
of committees on special education

PURPOSE:
To provide that the additional parent member on the Committee on
Special Education only be required at the CSE meeting if requested in
writing at least 72 hours prior to the meeting.

SUMMARY OF PROVISIONS:
The bill would amend Education Law § 4402(1 (b)(1)(b) to provide
that the additional parent member on the Committee on Special
Education (CSE) would only be required at the CSE meeting if
requested in writing at least 72 hours prior to the meeting by the
parents/guardians, student or member of the CSE. The
parents/guardians of the student would receive proper written notice
of their right to have an additional parent attend any meeting of the
CSE regarding the student. The notice would be accompanied by a
statement prepared by the State Education Department that explains
the role of having the additional parent attend the meeting.

JUSTIFICATION:
New York State uniquely requires that IEP teams include a "parent

member," in addition to a child's own parent, when convening an
annual review of a child's IEP. Although a parent member may provide
insight into the IEP process, no part of the IEP development is
dependent on the additional parent member's expertise.

The New York City Department of Education holds over approximately
150,000 IEP meetings annually, with as many hours spent on IEP
development.
Since the additional parent member cannot be an employee of the school
district, the district cannot mandate his or her attendance. An
understandable lack of reliability amongst volunteers who participate
prolongs and increases the expense of IEP development.

The elimination of automatic stipend payments and transportation
reimbursements for these parent volunteers would save the DOE
$460,000 annually. By streamlining the process, the proposal would
also result in additional operational savings. Accordingly, the Mayor
urges the earliest possible favorable consideration of this proposal
by the Legislature.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
To be effective immediately.

2011-S5510A (ACTIVE) - Bill Text download pdf

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

                                 5510--A
    Cal. No. 638

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 26, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the education law, in relation to the additional  parent
  member of committees on special education

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

  Section 1. Clause (b) of subparagraph 1 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:
  (b)  In  determining  the  composition  of  such committee pursuant to
clause (a) of this subparagraph, a school district may determine that  a
member  appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
(ix) of clause (a) of this subparagraph also fulfills the requirement of
subclause (vi) of clause (a) of this subparagraph of a member who is  an
individual  who  can  interpret the instructional implications of evalu-
ation results where  such  individuals  are  determined  by  the  school
district  to  have  the  knowledge  and expertise to do so and/or that a
member appointed pursuant to subclause (iii) or (iv) of  clause  (a)  of
this  subparagraph  also  fulfills  the  requirement of subclause (v) of
clause (a) of this subparagraph of a member who is a  representative  of
the  school district. The regular education teacher of the student shall
participate in the development, review and revision of  the  individual-
ized  education  program  for  the student, to the extent required under
federal law. The school physician need not be in attendance at any meet-
ing of the committee on special education unless specifically  requested
in  writing,  at  least  seventy-two  hours prior to such meeting by the
parents or other person in parental relation to the student in question,

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

                                                           LBD11845-02-2

S. 5510--A                          2

the student, or a member of the  committee  on  special  education.  The
parents or persons in parental relation of the student in question shall
receive  proper  written notice of their right to have the school physi-
cian  attend  the  meetings  of  the committee on special education upon
referral of said student to the committee on special education or  when-
ever such committee plans to modify or change the identification, evalu-
ation  or  educational  placement  of  the  student  [and their right to
request that an additional parent member not participate at any  meeting
of  the committee regarding the student]. THE ADDITIONAL PARENT NEED NOT
BE IN ATTENDANCE AT ANY MEETING OF THE COMMITTEE  ON  SPECIAL  EDUCATION
UNLESS  SPECIFICALLY  REQUESTED  IN  WRITING, AT LEAST SEVENTY-TWO HOURS
PRIOR TO SUCH MEETING  BY  THE  PARENTS  OR  OTHER  PERSON  IN  PARENTAL
RELATION  TO  THE  STUDENT  IN QUESTION, THE STUDENT, OR A MEMBER OF THE
COMMITTEE ON SPECIAL EDUCATION.  THE  PARENTS  OR  PERSONS  IN  PARENTAL
RELATION  OF THE STUDENT IN QUESTION SHALL RECEIVE PROPER WRITTEN NOTICE
OF THEIR RIGHT TO HAVE AN ADDITIONAL PARENT ATTEND ANY  MEETING  OF  THE
COMMITTEE  REGARDING THE STUDENT ALONG WITH A STATEMENT, PREPARED BY THE
DEPARTMENT, EXPLAINING THE ROLE OF HAVING THE ADDITIONAL  PARENT  ATTEND
THE  MEETING.  The  committee shall invite the appropriate professionals
most familiar with a student's disability or disabilities to attend  any
meeting  concerning  the educational program for such student. Except as
otherwise provided in this clause or  clause  (b-1)  or  (b-2)  of  this
subparagraph, all members of such committee shall attend meetings of the
committee on special education.
  S  2.  Clause (b) of subparagraph 1 of paragraph b of subdivision 1 of
section 4402 of the education law, as amended by chapter 311 of the laws
of 1999, is amended to read as follows:
  (b) In determining the  composition  of  such  committee  pursuant  to
clause  (a) of this subparagraph, a school district may determine that a
member appointed pursuant to one of subclause (ii), (iii), (iv), (v)  or
(ix) of clause (a) of this subparagraph also fulfills the requirement of
subclause  (vi) of clause (a) of this subparagraph of a member who is an
individual who can interpret the instructional  implications  of  evalu-
ation  results  where  such  individuals  are  determined  by the school
district to have the knowledge and expertise to  do  so  and/or  that  a
member  appointed  pursuant  to subclause (iii) or (iv) of clause (a) of
this subparagraph also fulfills the  requirement  of  subclause  (v)  of
clause  (a)  of this subparagraph of a member who is a representative of
the school district. The regular education teacher of the student  shall
participate  in  the development, review and revision of the individual-
ized education program for the student, to  the  extent  required  under
federal law. The school physician need not be in attendance at any meet-
ing  of the committee on special education unless specifically requested
in writing, at least seventy-two hours prior  to  such  meeting  by  the
parents or other person in parental relationship to the student in ques-
tion,  the  student,  or a member of the committee on special education.
The parents or persons in parental relationship of the student in  ques-
tion  shall  receive  proper  written  notice of their right to have the
school physician attend the meetings of the committee on special  educa-
tion upon referral of said student to the committee on special education
or whenever such committee plans to modify or change the identification,
evaluation  or  educational placement of the student [and their right to
request that an additional parent member not participate at any  meeting
of the committee regarding the student].  THE ADDITIONAL PARENT NEED NOT
BE  IN  ATTENDANCE  AT ANY MEETING OF THE COMMITTEE ON SPECIAL EDUCATION
UNLESS SPECIFICALLY REQUESTED IN WRITING,  AT  LEAST  SEVENTY-TWO  HOURS

S. 5510--A                          3

PRIOR  TO  SUCH  MEETING  BY  THE  PARENTS  OR  OTHER PERSON IN PARENTAL
RELATION TO THE STUDENT IN QUESTION, THE STUDENT, OR  A  MEMBER  OF  THE
COMMITTEE  ON  SPECIAL  EDUCATION.  THE  PARENTS  OR PERSONS IN PARENTAL
RELATION  OF THE STUDENT IN QUESTION SHALL RECEIVE PROPER WRITTEN NOTICE
OF THEIR RIGHT TO HAVE AN ADDITIONAL PARENT ATTEND ANY  MEETING  OF  THE
COMMITTEE  REGARDING THE STUDENT ALONG WITH A STATEMENT, PREPARED BY THE
DEPARTMENT, EXPLAINING THE ROLE OF HAVING THE ADDITIONAL  PARENT  ATTEND
THE  MEETING.  The  committee shall invite the appropriate professionals
most familiar with a student's disability or disabilities to attend  any
meeting  concerning the educational program for such student. Members of
such committee shall serve at the pleasure of such board and members who
are neither employees of nor under contract  with  such  district  shall
serve without compensation except that such members shall be entitled to
a per diem to defray expenses incurred in such service, provided, howev-
er,  that  any  expense  incurred  shall  be deemed an aidable operating
expense for purposes of state aid.
  S 3. This act shall take effect immediately; provided,  however,  that
the  amendments to clause (b) of subparagraph 1 of paragraph b of subdi-
vision 1 of section 4402 of the education law made  by  section  one  of
this act shall be subject to the expiration and reversion of such clause
pursuant  to  subdivision  d of section 27 of chapter 378 of the laws of
2007, as amended, when upon such date the provisions of section  two  of
this act shall take effect.

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