S T A T E O F N E W Y O R K
________________________________________________________________________
7729
2013-2014 Regular Sessions
I N A S S E M B L Y
May 31, 2013
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to eliminating the
requirement for written parental consent prior to initial placement of
a student with a disability in a July/August program;
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 2 of section 4402 of the educa-
tion law, as amended by chapter 243 of the laws of 1989, is amended to
read as follows:
a. The board of education or trustees of each school district shall be
required to furnish suitable educational opportunities for [children
with handicapping conditions] STUDENTS WITH DISABILITIES by one of the
special services or programs listed in subdivision two of section
forty-four hundred one OF THIS ARTICLE. The need of the individual child
shall determine which of such services shall be rendered. Each district
shall provide to the maximum extent appropriate such services in a
manner which enables [children with handicapping conditions] STUDENTS
WITH DISABILITIES to participate in regular education services when
appropriate. Such services or programs shall be furnished between the
months of September and June of each year, except that for the nineteen
hundred eighty-seven--eighty-eight school year and thereafter, with
respect to the students whose [handicapping conditions] DISABILITIES are
severe enough to exhibit the need for a structured learning environment
of twelve months duration to maintain developmental levels, the board of
education or trustees of each school district upon the recommendation of
the committee on special education [and, in the first instance, the
consent of the parent] shall also provide, either directly or by
contract, for the provision of special services and programs as defined
in section forty-four hundred one of this article during the months of
July and August as contained in the individualized education program for
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11075-01-3
A. 7729 2
each eligible [child] STUDENT, and with prior approval by the commis-
sioner if required; provided that [(i) a student with a handicapping
condition who is first eligible to attend public school in the nineteen
hundred eighty-seven--eighty-eight school year shall not be eligible to
receive services pursuant to this paragraph during the months of July
and August nineteen hundred eighty-seven and (ii) a student with a
handicapping condition who is first eligible to attend public school in
the nineteen hundred eighty-eight--eighty-nine school year shall not be
eligible to receive services pursuant to this paragraph during the
months of July and August nineteen hundred eighty-eight and (iii) a
student with a handicapping condition who is eligible for services
during the months of July and August nineteen hundred eighty-nine pursu-
ant to the provisions of subdivision six of section forty-four hundred
ten of this article shall not be eligible to receive services pursuant
to this paragraph during such months and (iv)] a student with a [handi-
capping condition] DISABILITY who is eligible for services, including
services during the months of July and August, pursuant to section
forty-four hundred ten of this article shall not be eligible to receive
services pursuant to this paragraph during the months of July and
August.
S 2. This act shall take effect immediately.