senate Bill S6567B

2013-2014 Legislative Session

Requires the office of state review to render decisions on certain appeals pertaining to children with handicapping conditions within thirty days of receipt of such appeals

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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

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 24, 2014 print number 6567b
amend and recommit to education
Mar 18, 2014 print number 6567a
amend and recommit to education
Feb 06, 2014 referred to education

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S6567 - Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§4410 & 4404, Ed L

S6567 - Summary

Requires the office of state review to render decisions on certain appeals pertaining to children with handicapping conditions within thirty days of receipt of such appeals and authorizes parties to file appeals in federal court at the expiration of the thirty days.

S6567 - Sponsor Memo

S6567 - Bill Text download pdf

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

                                  6567

                            I N  S E N A T E

                            February 6, 2014
                               ___________

Introduced  by  Sen. LATIMER -- 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 requiring  the  office
  of  state  review to render decisions on certain appeals pertaining to
  children with handicapping conditions within thirty days of receipt of
  such appeals

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

  Section  1.  Paragraph  (d)  of  subdivision  7 of section 4410 of the
education law, as amended by section 57 of part H of chapter 83  of  the
laws of 2002, is amended to read as follows:
  d. (I) A state review officer of the education department shall review
the  decision  of the impartial hearing officer in the manner prescribed
in subdivision two of section forty-four hundred four  of  this  article
and  render  a  decision no later than thirty days after the decision of
such hearing officer.
  (II) APPEALS TAKEN TO THE OFFICE OF STATE REVIEW SHALL BE  DECIDED  IN
THE ORDER IN WHICH THEY ARE RECEIVED. IN THE EVENT THAT THE STATE REVIEW
OFFICER  DOES  NOT,  WITHIN  THIRTY  DAYS,  RENDER  A FINAL DECISION AND
FORWARD SUCH DECISION TO THE PARTIES, THEN THE DECISION OF THE IMPARTIAL
HEARING OFFICER SHALL BE SUBSTITUTED FOR THE DECISION THAT  SHOULD  HAVE
BEEN  TIMELY RENDERED BY THE STATE REVIEW OFFICER AND DEEMED TO BE FINAL
FOR ADMINISTRATIVE PURPOSES, WITHOUT PREJUDICE  TO  ANY  FURTHER  APPEAL
THAT  MAY  BE TAKEN BY ANY AGGRIEVED PARTY TO THE FEDERAL COURT PURSUANT
TO 34 C.F.R. S 300.516.
  S 2. Subdivision 2 of section 4404 of the education law, as amended by
chapter 53 of the laws of 1990, is amended to read as follows:
  2. Review by state review officer. A. A state review  officer  of  the
education  department  shall review and may modify, in such cases and to
the extent that the review officer deems necessary, in order to properly
effectuate the purposes of this article, any determination of the impar-
tial hearing officer relating to the determination of the  nature  of  a
child's  handicapping  condition,  selection  of  an appropriate special
education program or service and the failure to provide such program and

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

S6567A - Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§4410 & 4404, Ed L

S6567A - Summary

Requires the office of state review to render decisions on certain appeals pertaining to children with handicapping conditions within thirty days of receipt of such appeals and authorizes parties to file appeals in federal court at the expiration of the thirty days.

S6567A - Sponsor Memo

S6567A - Bill Text download pdf

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

                                 6567--A

                            I N  S E N A T E

                            February 6, 2014
                               ___________

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

AN  ACT  to amend the education law, in relation to requiring the office
  of state review to render decisions on certain appeals  pertaining  to
  children with handicapping conditions within thirty days of receipt of
  such appeals

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

  Section 1. Paragraph d of subdivision 7 of section 4410 of the  educa-
tion  law,  as amended by section 57 of part H of chapter 83 of the laws
of 2002, is amended to read as follows:
  d. (I) A state review officer of the education department shall review
the decision of the impartial hearing officer in the  manner  prescribed
in  subdivision  two  of section forty-four hundred four of this article
and render a decision no later than thirty days after  the  decision  of
such hearing officer.
  (II)  APPEALS  TAKEN TO THE OFFICE OF STATE REVIEW SHALL BE DECIDED IN
THE ORDER IN WHICH THEY ARE RECEIVED. IN THE EVENT THAT THE STATE REVIEW
OFFICER DOES NOT, WITHIN  THIRTY  DAYS,  RENDER  A  FINAL  DECISION  AND
FORWARD SUCH DECISION TO THE PARTIES, THEN THE DECISION OF THE IMPARTIAL
HEARING  OFFICER  SHALL BE SUBSTITUTED FOR THE DECISION THAT SHOULD HAVE
BEEN TIMELY RENDERED BY THE STATE REVIEW OFFICER AND DEEMED TO BE  FINAL
FOR  ADMINISTRATIVE  PURPOSES,  WITHOUT  PREJUDICE TO ANY FURTHER APPEAL
THAT MAY BE TAKEN BY ANY AGGRIEVED PARTY TO THE FEDERAL  COURT  PURSUANT
TO 34 C.F.R. S 300.516.
  S 2. Subdivision 2 of section 4404 of the education law, as amended by
chapter 53 of the laws of 1990, is amended to read as follows:
  2.  Review  by  state review officer. A. A state review officer of the
education department shall review and may modify, in such cases  and  to
the extent that the review officer deems necessary, in order to properly
effectuate the purposes of this article, any determination of the impar-
tial  hearing  officer  relating to the determination of the nature of a

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

S6567B (ACTIVE) - Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§4410 & 4404, Ed L

S6567B (ACTIVE) - Summary

Requires the office of state review to render decisions on certain appeals pertaining to children with handicapping conditions within thirty days of receipt of such appeals and authorizes parties to file appeals in federal court at the expiration of the thirty days.

S6567B (ACTIVE) - Sponsor Memo

S6567B (ACTIVE) - Bill Text download pdf

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

                                 6567--B

                            I N  S E N A T E

                            February 6, 2014
                               ___________

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

AN ACT to amend the education law, in relation to requiring  the  office
  of  state  review to render decisions on certain appeals pertaining to
  children with handicapping conditions within thirty days of receipt of
  such appeals

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

  Section  1. Paragraph d of subdivision 7 of section 4410 of the educa-
tion law, as amended by section 57 of part H of chapter 83 of  the  laws
of 2002, is amended to read as follows:
  d. (I) A state review officer of the education department shall review
the  decision  of the impartial hearing officer in the manner prescribed
in subdivision two of section forty-four hundred four  of  this  article
and  render  a  decision no later than thirty days after the decision of
such hearing officer.
  (II) APPEALS TAKEN TO THE OFFICE OF STATE REVIEW SHALL BE  DECIDED  IN
THE ORDER IN WHICH THEY ARE RECEIVED. IN THE EVENT THAT THE STATE REVIEW
OFFICER  DOES  NOT,  WITHIN  THIRTY  DAYS,  RENDER  A FINAL DECISION AND
FORWARD SUCH DECISION TO THE PARTIES, THEN THE DECISION OF THE IMPARTIAL
HEARING OFFICER SHALL BE SUBSTITUTED FOR THE DECISION THAT  SHOULD  HAVE
BEEN  TIMELY RENDERED BY THE STATE REVIEW OFFICER AND DEEMED TO BE FINAL
FOR ADMINISTRATIVE PURPOSES, WITHOUT PREJUDICE  TO  ANY  FURTHER  APPEAL
THAT  MAY  BE TAKEN BY ANY AGGRIEVED PARTY TO THE FEDERAL COURT PURSUANT
TO 34 C.F.R. S 300.516.
  S 2. Subdivision 2 of section 4404 of the education law, as amended by
chapter 53 of the laws of 1990, is amended to read as follows:
  2. Review by state review officer. A. A state review  officer  of  the
education  department  shall review and may modify, in such cases and to
the extent that the review officer deems necessary, in order to properly
effectuate the purposes of this article, any determination of the impar-

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

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