senate Bill S2764

2013-2014 Legislative Session

Provides an exception to high school athletic competition eligibility by permitting pupils with a developmental or physical disability to compete for a fifth year

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Jan 23, 2013 referred to education

S2764 - Bill Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add ยง3208-b, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A10081, S4082
2009-2010: A8913, S6054

S2764 - Bill Texts

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Provides an exception to high school athletic competition eligibility by permitting pupils with a developmental or physical disability to compete for a fifth year.

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BILL NUMBER:S2764

TITLE OF BILL: An act to amend the education law, in relation to eligi-
bility for senior high school athletic competition

PURPOSE AND JUSTIFICATION: An act to add a new Section 3208-b of the
Education Law to allow high school students with a developmental or
physical disability to continue participation in interscholastic sports
for a fifth year.

SUMMARY OF SPECIFIC PROVISIONS: The bill would direct the Commissioner
of Education to draft a regulation that would allow a school district
superintendent and athletic director to apply for a waiver of the four-
year limitation on eligibility for interscholastic athletic competition
when a student has a developmental or physical disability.

This regulation also sets forth the guidelines by which the school
district's Section of the New York State Public High School Athletic
Association can grant such a waiver.

JUSTIFICATION: The public education system entrusts the state with the
responsibility for education of the whole person, including character,
knowledge and other skills and abilities. Participation in interscholas-
tic sports helps students in the development of the whole person by
contributing to social skills, self-esteem and team building.

This new section of law is necessary to support models of inclusion and
give special needs students the opportunity to participate in sporting
activities.

For at least two decades, educators have explored with success various
models of inclusion to incorporate special needs students into regular
public school classrooms and school activities. However, in the athletic
arena, the Commissioner of Education's regulations and Education Law
have not evolved to reflect these newer models.

This law is named after Jordan Maliken, a 20 year-old special needs
senior at Amherst High School, who sought to continue participating
interscholastic Track and Field for a fifth year but was denied the
opportunity under previous law.

PRIOR LEGISLATIVE HISTORY: 2012 - S.4082/A.10081 -- THIRD
READING/education 2010 - S.6054/A.8913 -- EDUCATION/Education

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  2764

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- 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 eligibility for senior
  high school athletic competition

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

  Section 1. The education law is amended by adding a new section 3208-b
to read as follows:
  S  3208-B.  ELIGIBILITY  FOR  SENIOR HIGH SCHOOL ATHLETIC COMPETITION;
DISABILITY EXCEPTION.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS  TO
ALLOW  A  WAIVER  OF  THE FOUR-YEAR LIMITATION ON ELIGIBILITY FOR SENIOR
HIGH SCHOOL ATHLETIC COMPETITION WHEN A STUDENT WITH A DEVELOPMENTAL  OR
PHYSICAL  DISABILITY, WHO IS OTHERWISE QUALIFIED TO COMPETE AND HAS BEEN
SELECTED FOR SUCH COMPETITION IN THE PAST, HAS NOT  YET  GRADUATED  HIGH
SCHOOL. THE COMMISSIONER SHALL DEFINE DEVELOPMENTAL OR PHYSICAL DISABIL-
ITY  FOR  PURPOSES  OF  THIS  WAIVER  IN ACCORDANCE WITH PART 200 OF THE
COMMISSIONER'S REGULATIONS.  SUCH  WAIVER  SHALL  BE  REQUESTED  BY  THE
ATHLETIC  DIRECTOR  OF  SUCH  STUDENT'S SCHOOL AND THE SUPERINTENDENT OF
SUCH SCHOOL'S DISTRICT AND MAY BE  GRANTED  BY  SUCH  SCHOOL  DISTRICT'S
SECTION  OF  THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC ASSOCIATION.
SUCH WAIVER SHALL ONLY ALLOW PARTICIPATION ON AN UNOFFICIAL, NON-SCORING
BASIS IN A NON-CONTACT OR NON-COLLISION  SPORT,  PROVIDED  THAT  ANOTHER
QUALIFIED  STUDENT,  WHO  IS  OTHERWISE ELIGIBLE FOR COMPETITION, IS NOT
DENIED THE OPPORTUNITY TO PARTICIPATE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05155-01-3

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