assembly Bill A7639A

2017-2018 Legislative Session

Relates to the definition of a student with a disability

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 20, 2018 print number 7639a
Apr 20, 2018 amend and recommit to education
Jan 03, 2018 referred to education
May 05, 2017 referred to education

A7639 - Details

See Senate Version of this Bill:
S5867
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §4401, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7536
2021-2022: A7199

A7639 - Summary

Amends the definition of a student with a disability.

A7639 - Bill Text download pdf


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

                                  7639

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                               May 5, 2017
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Education

AN  ACT  to  amend the education law, in relation to the definition of a
  student with a disability

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

  Section  1.  Subdivision  1  of  section 4401 of the education law, as
amended by chapter 378 of the laws  of  2007,  is  amended  to  read  as
follows:
  1.  A "child with a disability" or "student with a disability" means a
person under the age of twenty-one who  is  entitled  to  attend  public
schools  pursuant  to section thirty-two hundred two of this chapter and
who, because of mental, physical or emotional reasons can  only  receive
appropriate  educational  opportunities from a program of special educa-
tion. Such term does not include a child whose educational needs are due
primarily to unfamiliarity with  the  English  language,  environmental,
cultural  or  economic factors. Lack of appropriate instruction in read-
ing, including in the essential components  of  reading  instruction  as
defined  in  subsection  three  of  section  twelve hundred eight of the
elementary and secondary education act of nineteen  hundred  sixty-five,
or  lack  of  appropriate  instruction in mathematics or limited English
proficiency shall not be the determinant factor in identifying a student
as a student with a disability. SUCH DISABILITIES SHALL INCLUDE BUT  NOT
BE LIMITED TO:
  (A)  AUTISM  MEANS  A DEVELOPMENTAL DISABILITY SIGNIFICANTLY AFFECTING
VERBAL AND NONVERBAL COMMUNICATION  AND  SOCIAL  INTERACTION,  GENERALLY
EVIDENT BEFORE AGE THREE, THAT ADVERSELY AFFECTS A STUDENT'S EDUCATIONAL
PERFORMANCE.    OTHER  CHARACTERISTICS  OFTEN ASSOCIATED WITH AUTISM ARE
ENGAGEMENT IN REPETITIVE ACTIVITIES AND STEREOTYPED  MOVEMENTS,  RESIST-
ANCE  TO  ENVIRONMENTAL  CHANGE OR CHANGE IN DAILY ROUTINES, AND UNUSUAL
RESPONSES TO SENSORY EXPERIENCES. THE TERM DOES NOT APPLY IF A STUDENT'S

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

A7639A (ACTIVE) - Details

See Senate Version of this Bill:
S5867
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §4401, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7536
2021-2022: A7199

A7639A (ACTIVE) - Summary

Amends the definition of a student with a disability.

A7639A (ACTIVE) - Bill Text download pdf


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

                                 7639--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                               May 5, 2017
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on  Education  -- recommitted to the Committee on Education in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, in relation to the  definition  of  a
  student with a disability

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

  Section 1. Subdivision 1 of section 4401  of  the  education  law,  as
amended  by  chapter  378  of  the  laws  of 2007, is amended to read as
follows:
  1. A "child with a disability" or "student with a disability" means  a
person  under  the  age  of  twenty-one who is entitled to attend public
schools pursuant to section thirty-two hundred two of this  chapter  and
who,  because  of mental, physical or emotional reasons can only receive
appropriate educational opportunities from a program of  special  educa-
tion. Such term does not include a child whose educational needs are due
primarily  to  unfamiliarity  with  the English language, environmental,
cultural or economic factors. Lack of appropriate instruction  in  read-
ing,  including  in  the  essential components of reading instruction as
defined in subsection three of  section  twelve  hundred  eight  of  the
elementary  and  secondary education act of nineteen hundred sixty-five,
or lack of appropriate instruction in  mathematics  or  limited  English
proficiency shall not be the determinant factor in identifying a student
as  a student with a disability. SUCH DISABILITIES SHALL INCLUDE BUT NOT
BE LIMITED TO:
  (A) AUTISM MEANS A DEVELOPMENTAL  DISABILITY  SIGNIFICANTLY  AFFECTING
VERBAL  AND  NONVERBAL  COMMUNICATION  AND SOCIAL INTERACTION, GENERALLY
EVIDENT BEFORE AGE THREE, THAT ADVERSELY AFFECTS A STUDENT'S EDUCATIONAL
PERFORMANCE.   OTHER CHARACTERISTICS OFTEN ASSOCIATED  WITH  AUTISM  ARE

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