assembly Bill A9938

2013-2014 Legislative Session

Requires parental appeal of placement of a child with a handicapping condition in a school district in N.Y. city be determined as required by federal law

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Archive: Last Bill Status Via S7691 - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2014 ordered to third reading rules cal.502
substituted for a9938
Jun 19, 2014 substituted by s7691
rules report cal.502
Jun 18, 2014 reported
reported referred to rules
Jun 17, 2014 reported referred to ways and means
Jun 16, 2014 reported referred to codes
Jun 02, 2014 referred to education

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A9938 - Bill Details

See Senate Version of this Bill:
S7691
Law Section:
Education Law
Laws Affected:
Amd ยงยง4402 & 4404, Ed L

A9938 - Bill Texts

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Requires parental appeal of placement and educational program to be provided to a child with a handicapping condition in a school district in a city having a population of one million or more to be determined within the time limit established by federal law; requires continued implementation of a unilateral parental placement, once such a placement has been judged to be appropriate.

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

                                  9938

                          I N  A S S E M B L Y

                              June 2, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
  -- read once and referred to the Committee on Education

AN ACT to amend the education law,  in  relation  to  determinations  of
  appropriate  educational  programs  for  certain  students in a school
  district in a city having a population of one million or more

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

  Section  1. Item (i) of clause (b) of subparagraph 3 of paragraph b of
subdivision 1 of section 4402 of the education law, as amended by  chap-
ter 378 of the laws of 2007, is amended to read as follows:
  (i) Make recommendations based upon a written evaluation setting forth
the  reasons for the recommendations, to the child's parent or person in
parental relation and board of education or trustees as  to  appropriate
educational  programs and placement in accordance with the provisions of
subdivision six of section forty-four hundred one-a of this article, and
as to the advisability of continuation, modification, or termination  of
special  class or program placements which evaluation shall be furnished
to the child's parent or person in parental relation together  with  the
recommendations  provided,  however  that  the committee may recommend a
placement in a school which uses psychotropic drugs only if such  school
has  a  written  policy  pertaining  to such use that is consistent with
subdivision four-a of section thirty-two hundred eight of  this  chapter
and that the parent or person in parental relation is given such written
policy  at  the time such recommendation is made. If such recommendation
is not acceptable to the parent or person  in  parental  relation,  such
parent  or person in parental relation may appeal such recommendation as
provided for in section forty-four hundred four of this [chapter]  ARTI-
CLE.  PROVIDED,  FURTHER,  THAT  IN A SCHOOL DISTRICT IN A CITY HAVING A
POPULATION OF ONE MILLION OR MORE A PARENT'S APPEAL OF SUCH  RECOMMENDA-
TION  SHALL  BE  RESOLVED,  EITHER THROUGH THE GRANTING OR DENIAL OF THE
APPEAL BY AN IMPARTIAL HEARING OFFICER, OR BY A STATE REVIEW OFFICER, OR
THE SIGNING OF A SETTLEMENT AGREEMENT BETWEEN THE PARENT  OR  PERSON  IN
PARENTAL  RELATION  AND THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT IN
THE CITY HAVING A POPULATION OF ONE MILLION OR MORE OR A  STATE  AGENCY,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15402-02-4

A. 9938                             2

WITHIN ANY APPLICABLE TIME PERIODS PRESCRIBED BY FEDERAL LAW.  PROVIDED,
FURTHER,  THAT  NOTHING  IN  THIS  ITEM  SHALL BE DEEMED TO PROHIBIT ANY
PARENT OR THE SCHOOL DISTRICT FROM SEEKING JUDICIAL REVIEW BY ANY  COURT
OF COMPETENT JURISDICTION.
  UPON  THE  SIGNING OF A WRITTEN SETTLEMENT AGREEMENT BETWEEN A CHILD'S
PARENT OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OF  THE
SCHOOL  DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR
A STATE AGENCY, OR THE DECISION, ORDER,  OR  JUDGMENT  OF  AN  IMPARTIAL
HEARING  OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILAT-
ERAL PARENTAL PLACEMENT WAS APPROPRIATE AND THAT TUITION PAYMENT  SHOULD
BE  GRANTED  FOR  SUCH  UNILATERAL  PLACEMENT,  AS  PROVIDED  BY SECTION
1412(A)(10)(C) OF TITLE 20 OF THE UNITED STATES CODE AND THE  IMPLEMENT-
ING FEDERAL REGULATIONS, THE AMOUNT OF SUCH PAYMENT AND THE TIME LINE OR
SCHEDULE  FOR MAKING SUCH PAYMENT SHALL BE SET FORTH IN ANY SUCH SETTLE-
MENT OR DECISION, ORDER, OR JUDGMENT.
  S 2. Paragraph a of subdivision 1 of section 4404 of the education law
is amended by adding a new closing paragraph to read as follows:
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO  THE
CONTRARY,  IN  A  SCHOOL  DISTRICT  IN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE, UPON THE DECISION  OF  AN  IMPARTIAL  HEARING  OFFICER,
STATE  REVIEW  OFFICER  OR  A  COURT  FINDING THAT A UNILATERAL PARENTAL
PLACEMENT WAS APPROPRIATE AND THAT TUITION PAYMENT SHOULD BE GRANTED FOR
SUCH UNILATERAL PLACEMENT, SUCH  TUITION  PAYMENT    SHALL  CONTINUE  IN
FUTURE  YEARS,  AT  THE SAME PERCENTAGE OF THE TOTAL TUITION COST AS THE
PREVIOUS YEAR'S PAYMENT, UNTIL THE COMMITTEE ON SPECIAL EDUCATION DETER-
MINES THE CHILD'S NEEDS CAN BE MET IN ANOTHER PUBLIC OR APPROVED PRIVATE
SCHOOL PROGRAM AND REVISES THE CHILD'S INDIVIDUALIZED EDUCATION  PROGRAM
TO  RECOMMEND  SUCH PLACEMENT; PROVIDED HOWEVER THAT WHERE THE PARENT OR
PERSON IN PARENTAL RELATION BRINGS A DUE PROCESS PROCEEDING TO CHALLENGE
SUCH REVISED PLACEMENT, THE  UNILATERAL  PARENTAL  PLACEMENT  FOR  WHICH
TUITION PAYMENT WAS GRANTED SHALL BE THE PENDENCY PLACEMENT, AS PROVIDED
IN SUBDIVISION FOUR OF THIS SECTION.
  S  3.  This act shall take effect immediately; provided, however, that
the amendments to clause (b) of subparagraph 3 of paragraph b of  subdi-
vision  1  of  section 4402 of the education law, made by section one of
this act, shall not affect the  expiration  of  such  clause  and  shall
expire  therewith; provided, further, that the amendments to subdivision
1 of section 4404 of the education law, made by section two of this act,
shall not affect the expiration of such  subdivision  and  shall  expire
therewith.

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