|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|
assembly Bill A9938
Archive: Last Bill Status Via S7691 -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
A9938 - Details
- See Senate Version of this Bill:
- Law Section:
- Education Law
- Laws Affected:
- Amd §§4402 & 4404, Ed L
A9938 - Summary
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.
A9938 - Bill Text download pdf
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.
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