NY State Senate Bill 2015-S7079

Senate Bill S7079

2015-2016 Legislative Session

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
May 09, 2016	advanced to third reading
May 05, 2016	2nd report cal.
May 04, 2016	1st report cal.700
Mar 22, 2016	referred to cities

Votes

- May 4, 2016 - Committee Vote
  S7079
  
  5
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 4, 2016
      
      aye (5)
      
      Akshar
      
      Felder
      
      Funke
      
      Ortt
      
      Savino
      
      nay (2)
      
      Peralta
      
      Persaud

2015-S7079 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: General City Law
Laws Affected:: Add §9, Gen City L; amd §§4402 & 4404, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S2107

2015-S7079 (ACTIVE) - Summary

Provides that a special education settlement agreement between a city school district in a city of one million or more and a child's parent or person in parental relation shall have a term of not less than 3 years; provides for the hearing of appeals of such school district's recommendation as to the provision of special education services and placement in a private school.

2015-S7079 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7079

 TITLE OF BILL :  An act to amend the general city law and the
education law, in relation to the duration of settlement agreements 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 three year settlements for
disputes between parents and school districts on special education
placements, and to establish 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 one of the bill would amend the general city law to provide
three year settlements for disputes between parents and school
districts on special education placements.

Section two of this bill would amend the education law to provide a
parents 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.

This section would further provide 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 three of this 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.

 JUSTIFICATION :

For a school district in a city having a population of one million or
more, this bill would provide for an improved 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. Consistent with Federal law, this bill would further provide
both school districts and parents with the authorization they need to
appropriately resolve special education placements in the manner best
suited for the child in accordance with their individualized education
program.

This bill would additionally provide, that once a school district and
the parents of a child receiving a special education placement reach a
resolution of an appeal involving such placement, that such settlement
agreement, in a school district in a city having a population of one
million or more, be made for a term of not less than three years,
contingent upon there being no substantial change in the child's
individualized education program, and consistent with any other
applicable time periods prescribed by federal law.

 LEGISLATIVE HISTORY :

New bill but similar to S.7691 - Passed Senate 2014.

 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 2
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 3
of this act, shall not effect the expiration of such subdivision and
shall expire therewith.

2015-S7079 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7079

                            I N  S E N A T E

                             March 22, 2016
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the general city law and the education law, in  relation
  to  the  duration  of  settlement agreements 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.  The general city law is amended by adding a new section 9
to read as follows:
  S 9. DURATION OF SETTLEMENT AGREEMENTS  INVOLVING  APPROPRIATE  EDUCA-
TIONAL  PROGRAMS.   IN THE EVENT THAT AN APPEAL OF A RECOMMENDATION MADE
PURSUANT TO ITEM (I) OF CLAUSE (B) OF SUBPARAGRAPH THREE OF PARAGRAPH  B
OF  SUBDIVISION  ONE  OF SECTION FORTY-FOUR HUNDRED TWO OF THE EDUCATION
LAW, IS RESOLVED BY THE SIGNING OF A SETTLEMENT  AGREEMENT  BETWEEN  THE
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, PURSUANT TO ITEM (II) OF CLAUSE (B) OF SUBPARAGRAPH THREE OF PARA-
GRAPH B OF SUBDIVISION ONE OF SECTION  FORTY-FOUR  HUNDRED  TWO  OF  THE
EDUCATION LAW, THEN SUCH SETTLEMENT AGREEMENT SHALL BE FOR A TERM OF NOT
LESS THAN THREE YEARS, CONTINGENT UPON THERE BEING NO SUBSTANTIAL CHANGE
IN THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM, AND CONSISTENT WITH ANY
OTHER APPLICABLE TIME PERIODS PRESCRIBED BY FEDERAL LAW.
  S  2.  Clause (b) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law, as amended by chapter 378 of the laws
of 2007, is amended to read as follows:
  (b) (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14775-02-6

S. 7079                             2

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.
  (II) If such recommendation MADE IN ACCORDANCE WITH ITEM (I)  OF  THIS
CLAUSE  is  not acceptable to the parent or person in parental relation,
such parent or person in parental relation may appeal  such  recommenda-
tion  as  provided for in section forty-four hundred four of this [chap-
ter] ARTICLE. PROVIDED, FURTHER, THAT IN A SCHOOL  DISTRICT  IN  A  CITY
HAVING A POPULATION OF ONE MILLION OR MORE:
  (A) A PARENT'S APPEAL OF SUCH RECOMMENDATION 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  POPU-
LATION  OF  ONE MILLION OR MORE OR A STATE AGENCY, WITHIN ANY APPLICABLE
TIME PERIODS PRESCRIBED BY FEDERAL LAW; AND
  (B) THAT THE APPLICABLE TIME PERIODS ESTABLISHED IN A  SIGNED  SETTLE-
MENT AGREEMENT, MADE PURSUANT TO SUBITEM (A) OF THIS ITEM, SHALL ALSO BE
IN ACCORDANCE WITH SECTION NINE OF THE GENERAL CITY LAW;
  (C)  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;
  (D)  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 IMPAR-
TIAL 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 IMPLEMENT-
ING FEDERAL REGULATIONS, THE AMOUNT OF SUCH PAYMENT AND THE TIMELINE  OR
SCHEDULE  FOR MAKING SUCH PAYMENT SHALL BE SET FORTH IN ANY SUCH SETTLE-
MENT OR DECISION, ORDER, OR JUDGMENT.
  [(ii)] (III) Notwithstanding any provisions of this clause  or  clause
(a)  of  this  subparagraph  to  the  contrary,  in  making changes to a
student's individualized education program after the annual  review  has
been conducted, the parent or person in parental relation to the student
and  the  school  district  may  agree  not  to convene a meeting of the
committee on special education for the purpose of making those  changes,
and  instead  may  develop  a  written  document  to amend or modify the
student's current individualized education program under  the  following
circumstances:
  (A)  The  parent or person in parental relation makes a request to the
school district for an amendment to the individualized education program
and the school district and such parent or person in  parental  relation
agree in writing; or
  (B)  The  school  district  provides  the parent or person in parental
relation with a written proposal to amend a provision or  provisions  of
the individualized education program that is conveyed in language under-
standable  to the parent or person in parental relation in such parent's
or such person's native language or other [dominate]  DOMINANT  mode  of
communication,  informs  and  allows  the  parent  or person in parental
relation the opportunity to consult with the  appropriate  personnel  or

S. 7079                             3

related service providers concerning the proposed changes and the parent
or person in parental relation agrees in writing to such amendments.
  (C)  If  the parent or person in parental relation agrees to amend the
individualized education program without a meeting, the parent or person
in parental relation shall be  provided  prior  written  notice  of  the
changes  to  the  individualized  education  program resulting from such
written document and the special education committee shall  be  notified
of  such changes. If the school district makes such changes by rewriting
the entire individualized education program, it shall provide the parent
or person in parental relation with a copy of the rewritten  individual-
ized education program. If the school district amends the individualized
education  program  without  rewriting  the  entire document, the school
district shall provide the parent or person in parental relation with  a
copy  of  the document that amends or modifies the individualized educa-
tion program or, upon request  of  the  parent  or  person  in  parental
relation,  a  revised  copy of the individualized education program with
the amendments incorporated.
  Amendments to an individualized education  program  pursuant  to  this
subitem  shall  not  affect  the  requirement that the special education
committee review the individualized  education  program  at  the  annual
meeting, or more often if necessary.
  S 3. 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 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, AS PROVIDED
IN SUBDIVISION FOUR OF THIS SECTION.
  S 4. This act shall take effect immediately; provided, that the amend-
ments to clause (b) of subparagraph 3 of paragraph b of subdivision 1 of
section  4402  of  the  education  law, made by section two of this act,
shall not affect the expiration of such clause and shall  expire  there-
with;  and  provided,  further,  that the amendments to subdivision 1 of
section 4404 of the education law, made by section three  of  this  act,
shall  not  affect  the  expiration of such subdivision and shall expire
therewith.

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