Senate Bill S8823

2017-2018 Legislative Session

Relates to the handling of appeals regarding recommendations for children with handicapping conditions

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	recommitted to rules
Jun 14, 2018	ordered to third reading cal.1806 committee discharged and committed to rules
May 23, 2018	referred to education

Votes

- Jun 14, 2018 - Rules Committee Vote
  S8823
  
  Aye
  
  22
  
  Nay
  
  1
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 14, 2018
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (1)
      
      Parker
      
      aye wr (2)
      
      Krueger
      
      Montgomery

2017-S8823 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §§4402 & 4404, Ed L; amd §22, Chap 352 of 2005; amd §27, Chap 378 of 2007

2017-S8823 (ACTIVE) - Summary

Relates to the handling of appeals regarding recommendations for children with handicapping conditions; extends certain provisions of law relating thereto.

2017-S8823 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8823

SPONSOR: FELDER
 
TITLE OF BILL:

An act to amend the education law, in relation to the handling of
appeals regarding recommendations for children with handicapping condi-
tions; to amend chapter 352 of the laws of 2005, amending the education
law relating to implementation of the federal individuals with disabili-
ties education improvement act of 2004, in relation to the effectiveness
thereof; and to amend chapter 378 of the laws of 2007, amending the
education law relating to the implementation of the federal individuals
with disabilities education improvement act of 2004, in relation to the
effectiveness thereof

 
PURPOSE:

This purpose of this bill is provide for a three year special education
placement process, when there has been no significant change in the
child's individualized education program, in order to 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 OF BILL:

Section 1 of this bill would require a parent's appeal of a district's
special education placement recommendation to be resolved via settle-
ment, 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.

It further provides that upon the signing of a written settlement agree-
ment between a child's parent or person in parental relation and the
board of education or trustees of a school district 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 regu-
lations, the amount of such payment and the timeline or schedule for
making such payment shall be set forth in any such settlement or deci-
sion, order or judgment.

Section 2 of this bill would further require that, upon the decision of
an impartial hearing officer, state review officer, or by a court find-
ing, or by 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 population of one million or more or a
state agency, that a unilateral parental placement shall be made and
that tuition payments shall be granted for such unilateral placement,
then such placement and tuition payments shall continue for no less than
three years, with such uninterrupted payments being at the same percent-
age of the total tuition cost as the previous year's payments, unless
and until the committee on special education determines that the child's
needs can be met in another public or approved private school program
and where such determination was based upon a significant revision to
the child's individualized education program that is caused by a
substantial change to the child's disability status that requires the
committee to recommend such new placement; provided however that where
the parent or person in parental relation brings a due process proceed-
ing to challenge such revised, new placement, the unilateral parental
placement for which tuition payment was granted shall be the pendency
placement.

 
JUSTIFICATION:

This proposal would provide for 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.

It would further establish a process whereby unilateral parental place-
ments would continue in accordance with such determinations, findings or
settlements, for a period of three years; Unless and until the committee
on special education determines that the child's needs can be met in
another public or approved private school program and where such deter-
mination was based upon a significant revision to the child's individ-
ualized education program that is caused by a substantial change to the
child's disability status that requires the committee to recommend such
new placement.

This three year period would provide the child, their family and the
school district with a period of repose and stability, thereby benefit-
ting the child's best interests, while still allowing for a new place-
ment where a significant revision has occurred in such child's individ-
ualized education program caused by a substantial change to the child's
disability status.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None Noted.

 
EFFECTIVE DATE:
This act would take effect immediately.

2017-S8823 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8823
 
                             I N  S E N A T E
 
                               May 23, 2018
                                ___________
 
 Introduced  by  Sen.  FELDER -- 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  the  handling  of
   appeals  regarding  recommendations  for  children  with  handicapping
   conditions; to amend chapter 352 of the laws  of  2005,  amending  the
   education  law  relating  to implementation of the federal individuals
   with disabilities education improvement act of 2004,  in  relation  to
   the  effectiveness  thereof;  and  to amend chapter 378 of the laws of
   2007, amending the education law relating to the implementation of the
   federal individuals with disabilities  education  improvement  act  of
   2004, in relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Item (i) of clause (b) of subparagraph 3 of paragraph b  of
 subdivision  1 of section 4402 of the education law, as amended by chap-
 ter 378 of the laws of 2007, is amended to read as follows:
   (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  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. If  such  recommendation
 is  not  acceptable  to  the parent or person in parental relation, such
 parent or person in parental relation may appeal such recommendation  as
 provided  for in section forty-four hundred four of this [chapter] ARTI-
 CLE. PROVIDED, FURTHER, THAT IN A SCHOOL DISTRICT IN  A  CITY  HAVING  A
 POPULATION  OF ONE MILLION OR MORE A PARENT'S APPEAL OF SUCH RECOMMENDA-
 TION SHALL BE RESOLVED, EITHER THROUGH THE GRANTING  OR  DENIAL  OF  THE

 APPEAL BY AN IMPARTIAL HEARING OFFICER, OR BY A STATE REVIEW OFFICER, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15498-04-8

 S. 8823                             2

 BY  A  COURT,  OR  BY  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 POPULATION OF ONE MILLION OR MORE
 OR STATE AGENCY.
   § 2. 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 BY A COURT FINDING, OR  BY  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
 POPULATION  OF  ONE MILLION OR MORE OR A STATE AGENCY, THAT A UNILATERAL
 PARENTAL PLACEMENT SHALL BE MADE AND  THAT  TUITION  PAYMENTS  SHALL  BE
 GRANTED  FOR  SUCH UNILATERAL PLACEMENT, THEN SUCH PLACEMENT AND TUITION
 PAYMENTS SHALL CONTINUE FOR NO LESS THAN THREE YEARS, WITH SUCH UNINTER-
 RUPTED PAYMENTS BEING AT THE SAME PERCENTAGE OF THE TOTAL  TUITION  COST
 AS  THE  PREVIOUS  YEAR'S  PAYMENTS,  UNLESS  AND UNTIL THE COMMITTEE ON
 SPECIAL EDUCATION DETERMINES THAT THE CHILD'S NEEDS CAN BE MET IN ANOTH-
 ER PUBLIC OR APPROVED PRIVATE SCHOOL PROGRAM  AND  WHERE  SUCH  DETERMI-
 NATION  WAS BASED UPON A SIGNIFICANT REVISION TO THE CHILD'S INDIVIDUAL-
 IZED EDUCATION PROGRAM THAT IS CAUSED BY A  SUBSTANTIAL  CHANGE  TO  THE
 CHILD'S  DISABILITY STATUS THAT REQUIRES THE COMMITTEE TO RECOMMEND SUCH
 NEW PLACEMENT; PROVIDED HOWEVER THAT  WHERE  THE  PARENT  OR  PERSON  IN
 PARENTAL  RELATION  BRINGS  A  DUE  PROCESS PROCEEDING TO CHALLENGE SUCH
 REVISED, NEW PLACEMENT, THE  UNILATERAL  PARENTAL  PLACEMENT  FOR  WHICH
 TUITION PAYMENT WAS GRANTED SHALL BE THE PENDENCY PLACEMENT, AS PROVIDED
 IN SUBDIVISION FOUR OF THIS SECTION.
   §  3.  Section  22  of  chapter  352 of the laws of 2005, amending the
 education law relating to implementation of the federal individuals with
 disabilities education improvement act of 2004, as amended by chapter 35
 of the laws of 2015, is amended to read as follows:
   § 22. This act shall take effect July 1, 2005, provided,  however,  if
 this  act  shall become a law after such date it shall take effect imme-
 diately and shall be deemed to have been in full force and effect on and
 after July 1, 2005; and provided further,  however,  that  sections  one
 through  four and six through twenty-one of this act shall expire and be
 deemed repealed June 30, [2018] 2021, and section five of this act shall
 expire and be deemed repealed June 30, [2018] 2021.
   § 4. Subdivision d of section 27 of chapter 378 of the laws  of  2007,
 amending  the  education  law  relating to implementation of the federal
 individuals with disabilities education  improvement  act  of  2004,  as
 amended  by  chapter  35  of  the  laws  of  2015, is amended to read as
 follows:
   d. the provisions of this act shall expire and be deemed repealed June
 30, [2018] 2021.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments to item (i) of clause (b) of subparagraph 3 of paragraph
 b of subdivision 1 of section 4402 of the education law made by  section
 one of this act shall not affect the expiration of such clause and shall
 be  deemed  to  expire  therewith;  provided  further, however, that the
 amendments to subdivision 1 of section 4404 of the education law made by
 section two of this act shall not affect the expiration of such subdivi-
 sion and shall be deemed to expire therewith.

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Senate Bill S8823

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Jun 14, 2018 - Rules Committee Vote

Rules Committee Vote: Jun 14, 2018

2017-S8823 (ACTIVE) - Details

2017-S8823 (ACTIVE) - Summary

2017-S8823 (ACTIVE) - Sponsor Memo

2017-S8823 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

2017-S8823 (ACTIVE) - Details

2017-S8823 (ACTIVE) - Summary

2017-S8823 (ACTIVE) - Sponsor Memo

2017-S8823 (ACTIVE) - Bill Text download pdf

Comments