senate Bill S1948

2017-2018 Legislative Session

Requires 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2017 committed to rules
May 15, 2017 advanced to third reading
May 10, 2017 2nd report cal.
May 09, 2017 1st report cal.826
Jan 11, 2017 referred to education

Votes

view votes

May 9, 2017 - Education committee Vote

S1948
16
0
committee
16
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Education committee vote details

S1948 (ACTIVE) - Details

See Assembly Version of this Bill:
A2698
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd §§4410 & 4404, Ed L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6567
2015-2016: S2597, A6244
2019-2020: A319
2021-2022: A2048

S1948 (ACTIVE) - Summary

Requires 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 and authorizes parties to file appeals in federal court at the expiration of the thirty days.

S1948 (ACTIVE) - Sponsor Memo

S1948 (ACTIVE) - Bill Text download pdf


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

                                  1948

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 11, 2017
                               ___________

Introduced  by  Sen. LATIMER -- 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 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.

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