senate Bill S5867A

2017-2018 Legislative Session

Relates to the definition of a student with a disability

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Education 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 16, 2018 print number 5867a
Apr 16, 2018 amend and recommit to education
Jan 03, 2018 referred to education
May 03, 2017 referred to education

Co-Sponsors

S5867 - Details

See Assembly Version of this Bill:
A7639
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §4401, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7536
2021-2022: A7199

S5867 - Summary

Amends the definition of a student with a disability.

S5867 - Sponsor Memo

S5867 - Bill Text download pdf


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

                                  5867

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 3, 2017
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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  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.

Co-Sponsors

S5867A (ACTIVE) - Details

See Assembly Version of this Bill:
A7639
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §4401, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7536
2021-2022: A7199

S5867A (ACTIVE) - Summary

Amends the definition of a student with a disability.

S5867A (ACTIVE) - Sponsor Memo

S5867A (ACTIVE) - Bill Text download pdf


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

                                 5867--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 3, 2017
                               ___________

Introduced by Sens. MARCELLINO, AMEDORE -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Education --
  recommitted to the Committee on Education in  accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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.

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