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

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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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Actions

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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

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5842 - Bill Details

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

S5842 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5842

TITLE OF BILL:
An act
to amend the education law, in relation to determinations of appropriate
educational programs for certain students

PURPOSE:
This purpose of this bill is provide for a special education placement
process that will help ensure students with disabilities are placed
in the appropriate programs and receive resolution of their impartial
due process hearing and tuition reimbursement in a timely manner.

SUMMARY OF PROVISIONS OF BILL:

Section 1 of the bill would require a parent's appeal of a district's
special education placement recommendation to be resolved via
settlement or decision of the impartial hearing officer within any
applicable time periods prescribed by federal law.

It further provides that 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
timeline or schedule for making such payment shall be set forth in
any such settlement or decision, order or judgment.

Section 2 of the bill would further require that, 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
individualized 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 unilateral parental placement for which tuition payment was
granted shall be the pendency placement.

JUSTIFICATION:;
This proposal would provide for a special education placement process
that will help ensure students with disabilities are placed in the
appropriate programs, and receive resolution of their impartial due
process hearing and tuition reimbursement in a timely manner.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.


BUDGET IMPLICATIONS:
None noted.

EFFECTIVE DATE:
This act would take effect immediately.

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                    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

S. 5842                             2

EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT OR A STATE AGENCY, WITHIN ANY
APPLICABLE TIME PERIODS PRESCRIBED BY FEDERAL LAW.
  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.

S5842A (ACTIVE) - Bill Details

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

S5842A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5842A

TITLE OF BILL: An act to amend the education law, in relation to
determinations of appropriate educational programs for certain
students

PURPOSE:

This purpose of this bill is provide for a special education placement
process that will help ensure students with disabilities are placed in
the appropriate programs and receive resolution of their impartial due
process hearing and tuition reimbursement in a timely manner.

SUMMARY OF PROVISIONS OF BILL:

Section 1 of the bill would require a parent's appeal of a district's
special education placement recommendation to be resolved via
settlement, or decision of the impartial hearing officer, or by a
state review officer, within any applicable time periods prescribed by
federal law. This provision would further state that nothing contained
within such provision would be deemed to prohibit any parent or school
district from seeking judicial review by any court of competent
jurisdiction.

It further provides that 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
timeline or schedule for making such payment shall be set forth in any
such settlement or decision, order or judgment.

Section 2 of the bill would further require that, 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 individualized
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 unilateral
parental placement for which tuition payment was granted shall be the
pendency placement.

JUSTIFICATION:

This proposal would provide for a special education placement process
that will help ensure students with disabilities are placed in the


appropriate programs, and receive resolution of their impartial due
process hearing and tuition reimbursement in a timely manner.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

BUDGET IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act would take effect immediately.

view full 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

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.

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