S T A T E O F N E W Y O R K
________________________________________________________________________
5646
2015-2016 Regular Sessions
I N A S S E M B L Y
March 3, 2015
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Introduced by M. of A. CUSICK, JAFFEE, CRESPO, LUPARDO, COLTON, ZEBROW-
SKI, TITUS, ABINANTI, PERRY, CLARK -- Multi-Sponsored by -- M. of A.
ABBATE, AUBRY, COOK, McDONALD, SCHIMEL, SIMANOWITZ, TITONE -- read
once and referred to the Committee on Education
AN ACT to amend the education law, in relation to requiring the commis-
sioner of education to make recommendations to the board of regents
relating to the adoption of instruction on children with disabilities
for students in grades kindergarten through twelve
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 53 to read as follows:
53. A. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE COMMISSIONER SHALL
MAKE RECOMMENDATIONS TO THE BOARD OF REGENTS RELATING TO THE ADOPTION OF
INSTRUCTION ON CHILDREN WITH DISABILITIES FOR PUPILS IN GRADES KINDER-
GARTEN THROUGH TWELVE TO IMPROVE THE UNDERSTANDING AND ACCEPTANCE OF
CHILDREN WITH DISABILITIES.
B. PRIOR TO MAKING THE RECOMMENDATIONS TO THE BOARD OF REGENTS THE
COMMISSIONER SHALL:
(I) SEEK THE RECOMMENDATIONS OF TEACHERS, SCHOOL ADMINISTRATORS,
TEACHER EDUCATORS AND OTHERS WITH EDUCATIONAL EXPERTISE IN THE PROPOSED
CURRICULUM;
(II) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED PARTIES;
(III) CONSIDER THE AMOUNT OF INSTRUCTIONAL TIME SUCH CURRICULUM WILL
REQUIRE AND WHETHER SUCH TIME WOULD DETRACT FROM OTHER MANDATED COURSES
OF STUDY;
(IV) CONSIDER THE FISCAL IMPACT, IF ANY, ON THE STATE AND SCHOOL
DISTRICTS; AND
(V) CONSIDER ANY ADDITIONAL FACTORS THE COMMISSIONER DEEMS RELEVANT.
C. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE A RECOMMENDATION TO THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08689-01-5
A. 5646 2
BOARD OF REGENTS TO EITHER ADOPT AND PROMULGATE APPROPRIATE RULES AND
REGULATIONS IMPLEMENTING SUCH CURRICULUM OR REJECT THE IMPLEMENTATION OF
SUCH CURRICULUM. UPON RECEIVING A RECOMMENDATION FROM THE COMMISSIONER,
PURSUANT TO THIS SUBDIVISION, THE BOARD OF REGENTS SHALL VOTE TO EITHER
ACCEPT OR REJECT THE COMMISSIONER'S RECOMMENDATION NO LATER THAN SIXTY
DAYS AFTER RECEIVING SUCH RECOMMENDATION.
D. IF THE BOARD OF REGENTS ADOPTS SUCH CURRICULUM, THE CURRICULUM
REQUIREMENT SHALL TAKE EFFECT NO LATER THAN THE NEXT SCHOOL YEAR AFTER
SUCH CURRICULUM HAS BEEN ADOPTED.
E. IF THE BOARD OF REGENTS REJECTS SUCH CURRICULUM, THE COMMISSIONER
SHALL PROVIDE A REPORT AS TO THE DETERMINATION OF THE BOARD TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY AND THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON EDUCA-
TION PROVIDING THE REASONS FOR SUCH REJECTION NOT LATER THAN THIRTY DAYS
AFTER THE BOARD OF REGENTS REJECTS SUCH CURRICULUM.
S 2. This act shall take effect immediately.