S T A T E O F N E W Y O R K
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7982
I N S E N A T E
June 2, 2016
___________
Introduced by Sen. LARKIN -- 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 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.