senate Bill S3618

2013-2014 Legislative Session

Relates to children with handicapping conditions attending educational facility located outside the state

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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
Feb 07, 2013 referred to education

S3618 - Bill Details

See Assembly Version of this Bill:
A968
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §4407, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S7618, A9876

S3618 - Bill Texts

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Relates to children with handicapping conditions attending an educational facility located outside the state: provides that upon a determination that the out-of-state facility is appropriately meeting the needs of the child, such child need not be referred to an appropriate in-state program unless the parent or guardian of such child so elects; provides that, upon reapplication for state reimbursement by the school district of which such child is a resident, no documentation shall be required to establish that there are no appropriate public or approved private facilities for instruction available within the state or that any efforts were made to obtain placement of the student in such an in-state facility.

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BILL NUMBER:S3618

TITLE OF BILL: An act to amend the education law, in relation to chil-
dren with handicapping conditions attending an educational facility
located outside the state

PURPOSE: This bill would reform the process by which local school
districts apply to the New York State Education Department ("NYSED") for
cost reimbursement for the continuation of placement of special-needs
children in NYSED-approved non-public special education programs located
outside the state. Under current NYSED policies and practices, local
school districts and parents are required to engage in a burdensome
search for an in-state transfer program in order to secure cost
reimbursement, despite the determination of the district's committee on
special education (with which the parents have participated and in which
they agree) that the out-of-state placement has been and will continue
to be successful in providing appropriate special education and related
services for the upcoming school year. This bill would allow the
district to implement the continuation of the placement and receive cost
reimbursement without requiring the district to search for an in-state
transfer school.

SUMMARY OF PROVISIONS:

Section 1: Amends Section 4407 of the Education Law to provide that if
an out-of-state program, in which a child is currently placed pursuant
to federal and state law, is appropriately meeting the child's needs for
special education and services, then the district will not have to amply
for the child to be admitted to in-state programs and refer the parents
to such programs for visits and interviews in order for the district to
receive cost reimbursement from the NYSED, The application for cost
reimbursement, thus, will not need to include documentation showing that
there are no appropriate public or approved private facilities within
the state, or that any efforts were made to obtain an in-state place-
ment.

Section 2: Sets effective date.

JUSTIFICATION: N.Y. Social Services Law § 483-d (popularly referred to
as "Billy's Law") was enacted to improve monitoring of the safety of New
York residents with disabilities placed in out-of-state residential
programs. The principal means of accomplishing this safety monitoring
objective is to require that the State agencies and departments, which
placed a New York State resident in an out-of-state program, establish
and maintain procedures for transferring the resident back to an
in-state facility when safety concerns warrant doing so. However, prob-
lems exist in New York State's treatment of these disabled students.

The NYSED, under the guise of ostensibly complying with Billy's Law
requires the search for an in-state transfer program to be undertaken
not for reasons of safety, but rather as a revenue raising measure. The

NYSED,s policies and practices, moreover, conflict with the rights of
parents and children to receive free appropriate public education
('TAPE") in accordance with federal and state education laws. The NYSED
is, thereby, encroaching on the primary legal responsibility of local
school districts to make an individualized determination of the proper
disability classification of each child.

This bill will restore confidence and pride that New York State is truly
committed to assisting and supporting the educational and treatment
needs of our special-needs children and to allowing local school
districts and the IEP team to make those placement decisions in the
child's best interest.

LEGISLATIVE HISTORY: S.7618 (2012)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first day of July
after it shall have become a law.

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

                                  3618

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

Introduced  by  Sen. MARTINS -- 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 children  with  handi-
  capping  conditions  attending an educational facility located outside
  the state

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

  Section  1.  Section  4407 of the education law is amended by adding a
new subdivision 6 to read as follows:
  6. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, UPON A
DETERMINATION THAT AN EDUCATIONAL FACILITY LOCATED OUTSIDE THE STATE  IS
APPROPRIATELY MEETING THE NEEDS OF A CHILD WITH A HANDICAPPING CONDITION
ATTENDING  SUCH  FACILITY  PURSUANT TO THIS SECTION, WHICH DETERMINATION
SHALL BE MADE AS PART OF THE ANNUAL REVIEW OF THE STUDENT'S  INDIVIDUAL-
IZED  EDUCATION PROGRAM, SUCH CHILD NEED NOT BE REFERRED TO AN APPROPRI-
ATE IN-STATE PROGRAM UNLESS THE PARENT OR  GUARDIAN  OF  SUCH  CHILD  SO
ELECTS.  UPON  REAPPLICATION  FOR  STATE  REIMBURSEMENT  BY  THE  SCHOOL
DISTRICT OF WHICH SUCH CHILD IS A RESIDENT, NO  DOCUMENTATION  SHALL  BE
REQUIRED  TO  ESTABLISH THAT THERE ARE NO APPROPRIATE PUBLIC OR APPROVED
PRIVATE FACILITIES FOR INSTRUCTION AVAILABLE WITHIN THE  STATE  OR  THAT
ANY  EFFORTS  WERE  MADE  TO  OBTAIN PLACEMENT OF THE STUDENT IN SUCH AN
IN-STATE FACILITY.
  S 2. This act shall take effect on the first of July  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment, and/or repeal of any rule or  regulation  necessary
for  the  timely  implementation  of  this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01894-01-3

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