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
S. 5842--A 2
SIGNING OF A SETTLEMENT AGREEMENT BETWEEN THE PARENT OR PERSON IN
PARENTAL RELATION AND THE BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL
DISTRICT OR A STATE AGENCY, WITHIN ANY APPLICABLE TIME PERIODS
PRESCRIBED BY FEDERAL LAW. PROVIDED, FURTHER, THAT NOTHING HEREIN SHALL
BE DEEMED TO PROHIBIT ANY PARENT OR SCHOOL DISTRICT FROM SEEKING JUDI-
CIAL 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 OR
TRUSTEES OF A SCHOOL DISTRICT OR A STATE AGENCY, OR THE DECISION, ORDER,
OR JUDGMENT 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, AS
PROVIDED BY SECTION 1412(A)(10)(C) OF TITLE 20 OF THE UNITED STATES CODE
AND THE IMPLEMENTING FEDERAL REGULATIONS, THE AMOUNT OF SUCH PAYMENT AND
THE TIME LINE OR SCHEDULE FOR MAKING SUCH PAYMENT SHALL BE SET FORTH IN
ANY SUCH SETTLEMENT 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, UPON THE SIGNING OF A WRITTEN SETTLEMENT AGREEMENT BETWEEN A
CHILD'S PARENT OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION
OR TRUSTEES OF A SCHOOL DISTRICT OR A STATE AGENCY, OR 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 DETERMINES THE CHILD'S NEEDS CAN BE MET IN ANOTHER
PUBLIC OR APPROVED PRIVATE SCHOOL PROGRAM AND REVISES THE CHILD'S INDI-
VIDUALIZED 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 UNILAT-
ERAL PARENTAL PLACEMENT FOR WHICH TUITION PAYMENT WAS GRANTED SHALL BE
THE PENDENCY PLACEMENT, AS PROVIDED IN SUBDIVISION FOUR OF SECTION
FORTY-FOUR HUNDRED FOUR OF THIS ARTICLE.
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.