senate Bill S5842A

2013-2014 Legislative Session

Requires parental appeal of placement and educational programs to be provided to a child with a handicapping condition to be determined within 90 days

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Your valid home address is used to determine which NY State Senator Represents you.
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
returned to senate
died in assembly
Jun 24, 2013 referred to ways and means
Jun 21, 2013 delivered to assembly
passed senate
Jun 20, 2013 ordered to third reading cal.1573
Jun 18, 2013 print number 5842a
amend and recommit to rules
Jun 17, 2013 referred to rules

S5842 - Details

See Assembly Version of this Bill:
A7786B
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§4402 & 4404, Ed L

S5842 - Summary

Requires parental appeal of placement and educational program to be provided to a child with a handicapping condition to be determined within 90 days; requires continued implementation of a unilateral parental placement, once such a placement has been judged to be appropriate.

S5842 - Sponsor Memo

S5842 - Bill Text download pdf

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

                                  5842

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law,  in  relation  to  determinations  of
  appropriate educational programs for certain students

  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 A PARENT'S APPEAL  OF  SUCH  RECOMMENDATION
SHALL  BE  RESOLVED, EITHER THROUGH THE GRANTING OR DENIAL OF THE APPEAL
BY AN IMPARTIAL HEARING OFFICER, OR THE SIGNING OF A  SETTLEMENT  AGREE-
MENT  BETWEEN THE PARENT OR PERSON IN PARENTAL RELATION AND THE BOARD OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11316-07-3

S5842A (ACTIVE) - Details

See Assembly Version of this Bill:
A7786B
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§4402 & 4404, Ed L

S5842A (ACTIVE) - Summary

Requires parental appeal of placement and educational program to be provided to a child with a handicapping condition to be determined within 90 days; requires continued implementation of a unilateral parental placement, once such a placement has been judged to be appropriate.

S5842A (ACTIVE) - Sponsor Memo

S5842A (ACTIVE) - Bill Text download pdf

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

                                 5842--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  education law, in relation to determinations of
  appropriate educational programs for certain students

  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 A PARENT'S APPEAL OF SUCH RECOMMENDATION
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11316-10-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.