Senate Bill S9073

2017-2018 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2017-S9073 (ACTIVE) - Details

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

2017-S9073 (ACTIVE) - Summary

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

2017-S9073 (ACTIVE) - Sponsor Memo

2017-S9073 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9073
 
                             I N  S E N A T E
 
                               June 15, 2018
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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