senate Bill S7691

2013-2014 Legislative Session

Requires parental appeal of placement of a child with a handicapping condition in a school district in a city of 1,000,000 or more be determined as required by federal law

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Archive: Last Bill Status - Passed Senate


  • 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
Jun 19, 2014 ordered to third reading rules cal.502
substituted for a9938
Jun 09, 2014 referred to education
delivered to assembly
passed senate
Jun 03, 2014 ordered to third reading cal.1155
committee discharged and committed to rules
May 29, 2014 referred to education

Votes

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Co-Sponsors

S7691 - Bill Details

See Assembly Version of this Bill:
A9938
Law Section:
Education Law
Laws Affected:
Amd ยงยง4402 & 4404, Ed L

S7691 - Bill Texts

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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.

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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.

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 of a school district in a city having a
population of one million or more 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, in a school district
in a city having a population of one million or more upon 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.

Section 3 is the effective date.


JUSTIFICATION:

For a school district in a city having a population of one million or
more, this bill 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.

LEGISLATIVE HISTORY:

New Bill.

BUDGET IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act shall take effect immediately, provided, however, that the
amendments to clause (b) of subparagraph 3 of paragraph b of
subdivision 1 of section 4402 of the education law, made by section 1
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 2
of this act, shall not effect the expiration of such subdivision and
shall expire therewith.

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                    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.
                                                           LBD15402-02-4

S. 7691                             2

WITHIN ANY APPLICABLE TIME PERIODS PRESCRIBED BY FEDERAL LAW.  PROVIDED,
FURTHER,  THAT  NOTHING  IN  THIS  ITEM  SHALL BE DEEMED TO PROHIBIT ANY
PARENT OR THE SCHOOL DISTRICT FROM SEEKING JUDICIAL 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 OF  THE
SCHOOL  DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR
A STATE AGENCY, OR THE DECISION, ORDER,  OR  JUDGMENT  OF  AN  IMPARTIAL
HEARING  OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILAT-
ERAL 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  IMPLEMENT-
ING FEDERAL REGULATIONS, THE AMOUNT OF SUCH PAYMENT AND THE TIME LINE OR
SCHEDULE  FOR MAKING SUCH PAYMENT SHALL BE SET FORTH IN ANY SUCH SETTLE-
MENT 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,  IN  A  SCHOOL  DISTRICT  IN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE, UPON 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 DETER-
MINES 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, AS PROVIDED
IN SUBDIVISION FOUR OF THIS SECTION.
  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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