Senate Bill S6686

                                BILL NUMBER:S6686

TITLE OF BILL:
An act
to amend chapter 352 of the laws of 2005, amending the education law
relating to implementation of the federal individuals with disabilities
education improvement act of 2004 and to amend chapter 378 of the laws
of 2007 amending the education law relating to the implementation of the
federal individuals with disabilities education improvement act of 2004,
in relation to the effectiveness thereof; and to repeal subdivision
(a) of section 8 of
chapter 430 of
the laws of 2006, amending the education law relating to implementation
of the federal individuals with disabilities education improvement act
of 2004,
relating thereto

PURPOSE OF THE BILL:

The purpose of the bill is to conform the provisions of the Education
Law to the federal Individuals with Disabilities Education Act
(IDEA), as amended by the Individuals with Disabilities Education
Improvement Act of 2004 (Public Law 108-446) and the final federal
regulations implementing IDEA 2004 (34 C.F.R. Part 300). This bill is
necessary in order to ensure that New York State will continue to be
in compliance with the new requirements of IDEA in the 2012-13 school
              

year. As a condition of federal funding under Part B of IDEA, the
United States Department of Education (USED) has required that states
provide an assurance that the State and its local educational
agencies will be in compliance with the requirements of IDEA.

SUMMARY OF THE PROVISIONS OF THE BILL:

This bill proposes to make permanent the series of amendments to the
Education Law made by Chapter 352 of the Laws of 2005, Chapter 430 of
the Laws of 2006 and Chapter 378 of the Laws of 2007 relating to New
York's compliance with IDEA.

STATEMENT IN SUPPORT OF THE BILL:

This bill would conform the Education Law to the IDEA by permanently
adopting amendments to align state requirements with IDEA as amended
by the Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446) and the final federal regulations
implementing IDEA 2004 (34 C.F.R. Part 300). Failure to permanently
conform provisions of Education Law to the reauthorized IDEA and all
provisions of the federal Part 300 regulations, which became
effective on October 13, 2006, would result in a conflict between New
York law and federal law and regulations that could expose both the
state and school districts to legal challenge and possible loss of
federal funds and would deny students with disabilities, parents and
school districts the benefits they are intended to receive from the
reforms made by IDEA.

The United States Department of Education (USED) requires the State to
assure compliance with the new IDEA that went into effect on July 1,


2005. States were given until June 30, 2007 to conform their state
laws to the new IDEA and the new Part 300 regulations.

Chapter 352 of the Laws of 2005, Chapter 430 of the Laws of 2006 and
Chapter 378 of the Laws of 2007 were enacted to bring New York into
compliance with the IDEA, but all three acts will sunset on June 30,
2012.

Failure to continue the alignment of New York law with the new IDEA
could result in a loss or delay of funding under Part B of IDEA. The
United States Department of Education (USED) requires the State,
prior to expenditure of its use of federal funds for state-level
activities, to certify that arrangements to establish responsibility
for services pursuant to 20 U.S.C. §1412(a)(12)(A) are current.
Therefore, to ensure that the State is not prohibited from expending
its federal state administration funds of more than $13 million to
implement the IDEA or subject to more drastic sanctions for
noncompliance with the IDEA, the provisions in Education Law enacted
by these three prior acts must be extended or made permanent as
proposed in this bill.

BUDGETARY IMPLICATIONS OF THE BILL:

Failure to comply with IDEA could place New York's allocation of funds
under Part B of IDEA (approximately $13 million in funds for state
administration in 2007-08 and $699 million in toto) in jeopardy. This
bill would not result in any increased costs to the State.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

EFFECTIVE DATE:

This act would take effect immediately.