Senate Bill S2107

2017-2018 Legislative Session

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to cities
Jan 12, 2017	referred to cities

co-Sponsors

2017-S2107 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: General City Law
Laws Affected:: Add §9, Gen City L; amd §§4402 & 4404, Ed L
Versions Introduced in 2015-2016 Legislative Session:: S7079

2017-S2107 (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.

2017-S2107 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2107

 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.

 FISCAL IMPLICATIONS :

Undetermined

 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 there- with; provided, further, that the amendments to
subdivision 1 of section 4404 of the education law, made by section 3
of this act, shall not affect the expiration of such subdivision and
shall expire therewith.

2017-S2107 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2107
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 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:
   § 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.
   §  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04807-01-7

 S. 2107                             2
 
 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
 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

 S. 2107                             3
 
 communication,  informs  and  allows  the  parent  or person in parental
 relation the opportunity to consult with the  appropriate  personnel  or
 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.
   § 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.
   § 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S2107

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

co-Sponsors

2017-S2107 (ACTIVE) - Details

2017-S2107 (ACTIVE) - Summary

2017-S2107 (ACTIVE) - Sponsor Memo

2017-S2107 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2017-S2107

Senate Bill S2107

Share this bill

Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

co-Sponsors

Elaine Phillips

2017-S2107 (ACTIVE) - Details

2017-S2107 (ACTIVE) - Summary

2017-S2107 (ACTIVE) - Sponsor Memo

2017-S2107 (ACTIVE) - Bill Text download pdf

Comments