S T A T E   O F   N E W   Y O R K
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                                10484--A

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
  tee 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 policies that allow
  students with disabilities to participate in a high school  graduation
  ceremony

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

  Section 1. Short title. This act shall be known and may  be  cited  as
"Zachary's Law".
  S  2.  Section  4402  of  the education law is amended by adding a new
subdivision 9 to read as follows:
  9. THE BOARD OF EDUCATION OR THE BOARD  OF  TRUSTEES  OF  EACH  SCHOOL
DISTRICT  THAT OPERATES A HIGH SCHOOL SHALL ESTABLISH A POLICY AND ADOPT
PROCEDURES TO ALLOW ANY STUDENT WITH A DISABILITY IN  SUCH  DISTRICT  TO
PARTICIPATE  IN  THE  GRADUATION  CEREMONY  OF THE STUDENT'S HIGH SCHOOL
GRADUATING CLASS AND ALL RELATED ACTIVITIES IF  SUCH  STUDENT  HAS  BEEN
ISSUED  A  SKILLS  AND  ACHIEVEMENT  COMMENCEMENT CREDENTIAL BUT HAS NOT
OTHERWISE QUALIFIED FOR A REGENTS OR LOCAL HIGH SCHOOL  DIPLOMA.    SUCH
STUDENT SHALL BE ELIGIBLE TO PARTICIPATE IF THE STUDENT'S INDIVIDUALIZED
EDUCATION  PROGRAM  PRESCRIBES  SPECIAL  EDUCATION, TRANSITION PLANNING,
TRANSITION SERVICES, OR  RELATED  SERVICES  BEYOND  THE  STUDENT'S  FOUR
ACADEMIC  YEARS  AFTER THE STUDENT'S ENTRY INTO HIGH SCHOOL.  THE POLICY
AND PROCEDURES SHALL PROVIDE ANNUAL WRITTEN NOTICE TO ALL STUDENTS  WITH
DISABILITIES  AND THEIR PARENTS OR GUARDIANS ABOUT THE SCHOOL DISTRICT'S
POLICY AND PROCEDURES ADOPTED IN ACCORDANCE WITH THIS SUBDIVISION. NOTH-
ING IN THIS SUBDIVISION SHALL COMPEL  A  STUDENT  WITH  DISABILITIES  TO
PARTICIPATE  IN  THE HIGH SCHOOL GRADUATION CEREMONY AND ACTIVITIES. THE
SUPERINTENDENT  SHALL  CONSIDER  THE  RECOMMENDATION,  IF  ANY,  OF  THE
STUDENT'S  COMMITTEE  ON  SPECIAL EDUCATION AS WELL AS THE STUDENT'S OWN
EXPRESSED PREFERENCE. FOR PURPOSES OF THIS SUBDIVISION, A STUDENT'S HIGH
SCHOOL GRADUATING CLASS SHALL BE THE TWELFTH GRADE CLASS WITH WHICH SUCH
STUDENT WITH A DISABILITY ENTERED INTO NINTH GRADE.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD15615-05-6