|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 19, 2014||ordered to third reading rules cal.502|
substituted for a9938
|Jun 09, 2014||referred to education|
delivered to assembly
|Jun 03, 2014||ordered to third reading cal.1155|
committee discharged and committed to rules
|May 29, 2014||referred to education|
senate Bill S7691
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7691 - Details
- See Assembly Version of this Bill:
- Law Section:
- Education Law
- Laws Affected:
- Amd §§4402 & 4404, Ed L
S7691 - Summary
Requires parental appeal of placement and educational program to be provided to a child with a handicapping condition in a school district in a city having a population of one million or more to be determined within the time limit established by federal law; requires continued implementation of a unilateral parental placement, once such a placement has been judged to be appropriate.
S7691 - Sponsor Memo
BILL NUMBER:S7691 TITLE OF BILL: An act to amend the education law, in relation to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more PURPOSE: This purpose of this bill is to 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: Section 1 of the bill would require a parent's appeal of a special education placement recommendation by a school district in a city having a population of one million or more 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.
S7691 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7691 I N S E N A T E May 29, 2014 ___________ Introduced by Sen. FELDER -- 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 determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more 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 IN A SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE A PARENT'S APPEAL OF SUCH RECOMMENDA- TION 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 SIGNING OF A SETTLEMENT AGREEMENT BETWEEN THE PARENT OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT IN THE CITY HAVING A POPULATION OF ONE MILLION OR MORE OR A STATE AGENCY, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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