S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2698
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Education
 
 AN  ACT  to amend the education law, in relation to requiring the office
   of state review to render decisions on certain appeals  pertaining  to
   children with handicapping conditions within thirty days of receipt of
   such appeals

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph d of subdivision 7 of section 4410 of the  educa-
 tion  law,  as amended by section 57 of part H of chapter 83 of the laws
 of 2002, is amended to read as follows:
   d. (I) A state review officer of the education department shall review
 the decision of the impartial hearing officer in the  manner  prescribed
 in  subdivision  two  of section forty-four hundred four of this article
 and render a decision no later than thirty days after  the  decision  of
 such hearing officer.
   (II)  APPEALS  TAKEN TO THE OFFICE OF STATE REVIEW SHALL BE DECIDED IN
 THE ORDER IN WHICH THEY ARE RECEIVED. IN THE EVENT THAT THE STATE REVIEW
 OFFICER DOES NOT, WITHIN  THIRTY  DAYS,  RENDER  A  FINAL  DECISION  AND
 FORWARD SUCH DECISION TO THE PARTIES, THEN THE DECISION OF THE IMPARTIAL
 HEARING  OFFICER  SHALL BE SUBSTITUTED FOR THE DECISION THAT SHOULD HAVE
 BEEN TIMELY RENDERED BY THE STATE REVIEW OFFICER AND DEEMED TO BE  FINAL
 FOR  ADMINISTRATIVE  PURPOSES,  WITHOUT  PREJUDICE TO ANY FURTHER APPEAL
 THAT MAY BE TAKEN BY ANY AGGRIEVED PARTY TO THE FEDERAL  COURT  PURSUANT
 TO 34 C.F.R. § 300.516.
   § 2. Subdivision 2 of section 4404 of the education law, as amended by
 chapter 53 of the laws of 1990, is amended to read as follows:
   2.  Review  by  state review officer. A. A state review officer of the
 education department shall review and may modify, in such cases  and  to
 the extent that the review officer deems necessary, in order to properly
 effectuate the purposes of this article, any determination of the impar-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00917-01-7

 A. 2698                             2
 
 tial  hearing  officer  relating to the determination of the nature of a
 child's handicapping condition,  selection  of  an  appropriate  special
 education program or service and the failure to provide such program and
 require  such  board to comply with the provisions of such modification.
 The commissioner shall adopt  regulations  governing  the  practice  and
 procedure  in such appeals to the state review officer; provided, howev-
 er, that in no event shall any fee or charge whatsoever be  imposed  for
 any  appeal taken pursuant to this subdivision. The state review officer
 is empowered to make all orders which are proper or  necessary  to  give
 effect to the decision of the review officer.
   B. APPEALS TAKEN TO THE OFFICE OF STATE REVIEW SHALL BE DECIDED IN THE
 ORDER  IN  WHICH  THEY  ARE RECEIVED. IN THE EVENT THAT THE STATE REVIEW
 OFFICER DOES NOT, WITHIN  THIRTY  DAYS,  RENDER  A  FINAL  DECISION  AND
 FORWARD SUCH DECISION TO THE PARTIES, THEN THE DECISION OF THE IMPARTIAL
 HEARING  OFFICER SHALL BE SUBSTITUTED FOR THE FINAL DECISION THAT SHOULD
 HAVE BEEN TIMELY RENDERED BY THE STATE REVIEW OFFICER AND DEEMED  TO  BE
 FINAL  FOR  ADMINISTRATIVE  PURPOSES,  WITHOUT  PREJUDICE TO ANY FURTHER
 APPEAL THAT MAY BE TAKEN BY ANY AGGRIEVED PARTY  TO  THE  FEDERAL  COURT
 PURSUANT TO 34 C.F.R. § 300.516.
   § 3. This act shall take effect immediately and shall apply equally to
 cases  that have been pending before the office of state review for more
 than 30 days following the receipt of a request  for  a  review  without
 issuance  of  a decision as of the date this act shall have become a law
 and to cases in which the 30-day period elapses without  issuance  of  a
 decision on or after the date this act shall have become a law.