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

download bill text pdf

Sponsored By

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

view actions (8)
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

Co-Sponsors

S7691 - Details

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

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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