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.
              

                                                            LBD10922-03-8

 S. 5867--A                          2
 
 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
 EDUCATIONAL  PERFORMANCE  IS  ADVERSELY  AFFECTED  PRIMARILY BECAUSE THE
 STUDENT HAS AN EMOTIONAL DISTURBANCE AS DEFINED IN PARAGRAPH (D) OF THIS
 SUBDIVISION. A STUDENT WHO MANIFESTS THE CHARACTERISTICS OF AUTISM AFTER
 AGE THREE COULD BE DIAGNOSED AS HAVING AUTISM IF THE  CRITERIA  IN  THIS
 PARAGRAPH ARE OTHERWISE SATISFIED.
   (B)  DEAFNESS  MEANS  A  HEARING IMPAIRMENT THAT IS SO SEVERE THAT THE
 STUDENT IS IMPAIRED IN PROCESSING LINGUISTIC INFORMATION  THROUGH  HEAR-
 ING,  WITH  OR WITHOUT AMPLIFICATION, THAT ADVERSELY AFFECTS A STUDENT'S
 EDUCATIONAL PERFORMANCE.
   (C) DEAF-BLINDNESS MEANS CONCOMITANT HEARING AND  VISUAL  IMPAIRMENTS,
 THE  COMBINATION  OF  WHICH  CAUSES  SUCH SEVERE COMMUNICATION AND OTHER
 DEVELOPMENTAL AND EDUCATIONAL NEEDS THAT THEY CANNOT BE ACCOMMODATED  IN
 SPECIAL EDUCATION PROGRAMS SOLELY FOR STUDENTS WITH DEAFNESS OR STUDENTS
 WITH BLINDNESS.
   (D)  EMOTIONAL DISTURBANCE MEANS A CONDITION EXHIBITING ONE OR MORE OF
 THE FOLLOWING CHARACTERISTICS OVER A LONG PERIOD OF TIME AND TO A MARKED
 DEGREE THAT ADVERSELY AFFECTS A STUDENT'S EDUCATIONAL PERFORMANCE:
   (1) AN INABILITY TO LEARN THAT CANNOT BE  EXPLAINED  BY  INTELLECTUAL,
 SENSORY, OR HEALTH FACTORS;
   (2)  AN  INABILITY  TO  BUILD  OR  MAINTAIN SATISFACTORY INTERPERSONAL
 RELATIONSHIPS WITH PEERS AND TEACHERS;
   (3) INAPPROPRIATE TYPES OF BEHAVIOR OR FEELINGS UNDER  NORMAL  CIRCUM-
 STANCES;
   (4) A GENERALLY PERVASIVE MOOD OF UNHAPPINESS OR DEPRESSION; OR
   (5)  A  TENDENCY TO DEVELOP PHYSICAL SYMPTOMS OR FEARS ASSOCIATED WITH
 PERSONAL OR SCHOOL PROBLEMS. THE TERM INCLUDES SCHIZOPHRENIA.  THE  TERM
 DOES  NOT  APPLY  TO STUDENTS WHO ARE SOCIALLY MALADJUSTED, UNLESS IT IS
 DETERMINED THAT THEY HAVE AN EMOTIONAL DISTURBANCE.
   (E) HEARING IMPAIRMENT MEANS AN IMPAIRMENT IN HEARING, WHETHER  PERMA-
 NENT  OR  FLUCTUATING,  THAT  ADVERSELY  AFFECTS THE CHILD'S EDUCATIONAL
 PERFORMANCE BUT THAT IS NOT INCLUDED UNDER THE DEFINITION OF DEAFNESS IN
 THIS SECTION.
   (F) LEARNING DISABILITY MEANS A DISORDER IN ONE OR MORE OF  THE  BASIC
 PSYCHOLOGICAL  PROCESSES INVOLVED IN UNDERSTANDING OR IN USING LANGUAGE,
 SPOKEN OR WRITTEN, WHICH MANIFESTS ITSELF IN  AN  IMPERFECT  ABILITY  TO
 LISTEN,  THINK,  SPEAK, READ, WRITE, SPELL, OR TO DO MATHEMATICAL CALCU-
 LATIONS.  THE TERM INCLUDES SUCH CONDITIONS AS PERCEPTUAL  DISABILITIES,
 BRAIN  INJURY, MINIMAL BRAIN DYSFUNCTION, AND DEVELOPMENTAL APHASIA. THE
 TERM DOES NOT INCLUDE LEARNING PROBLEMS THAT ARE PRIMARILY THE RESULT OF
 VISUAL, HEARING OR MOTOR DISABILITIES, OF AN INTELLECTUAL DISABILITY, OF
 EMOTIONAL DISTURBANCE, OR OF ENVIRONMENTAL, CULTURAL OR ECONOMIC  DISAD-
 VANTAGE.
   (G)  INTELLECTUAL  DISABILITY  MEANS  SIGNIFICANTLY SUBAVERAGE GENERAL
 INTELLECTUAL FUNCTIONING, EXISTING CONCURRENTLY WITH DEFICITS  IN  ADAP-
 TIVE  BEHAVIOR  AND  MANIFESTED  DURING  THE  DEVELOPMENTAL PERIOD, THAT
 ADVERSELY AFFECTS A STUDENT'S EDUCATIONAL PERFORMANCE.
   (H) MULTIPLE  DISABILITIES  MEANS  CONCOMITANT  IMPAIRMENTS  (SUCH  AS
 INTELLECTUAL  DISABILITY-BLINDNESS,  INTELLECTUAL  DISABILITY-ORTHOPEDIC
 IMPAIRMENT, ETC.), THE COMBINATION OF WHICH  CAUSE  SUCH  SEVERE  EDUCA-
 TIONAL  NEEDS  THAT  THEY  CANNOT BE ACCOMMODATED IN A SPECIAL EDUCATION
 PROGRAM SOLELY FOR ONE OF THE IMPAIRMENTS. THE  TERM  DOES  NOT  INCLUDE
 DEAF-BLINDNESS.

 S. 5867--A                          3
 
   (I)  ORTHOPEDIC  IMPAIRMENT  MEANS A SEVERE ORTHOPEDIC IMPAIRMENT THAT
 ADVERSELY AFFECTS A STUDENT'S EDUCATIONAL PERFORMANCE. THE TERM INCLUDES
 IMPAIRMENTS CAUSED BY CONGENITAL ANOMALY  (E.G.,  CLUBFOOT,  ABSENCE  OF
 SOME  MEMBER, ETC.), IMPAIRMENTS CAUSED BY DISEASE (E.G., POLIOMYELITIS,
 BONE TUBERCULOSIS, ETC.), AND IMPAIRMENTS FROM OTHER CAUSES (E.G., CERE-
 BRAL  PALSY,  AMPUTATION,  AND  FRACTURES  OR BURNS WHICH CAUSE CONTRAC-
 TURES).
   (J) OTHER HEALTH-IMPAIRMENT MEANS HAVING LIMITED STRENGTH, VITALITY OR
 ALERTNESS, INCLUDING A HEIGHTENED ALERTNESS  TO  ENVIRONMENTAL  STIMULI,
 THAT  RESULTS IN LIMITED ALERTNESS WITH RESPECT TO THE EDUCATIONAL ENVI-
 RONMENT, THAT IS DUE TO CHRONIC OR ACUTE HEALTH PROBLEMS, INCLUDING  BUT
 NOT LIMITED TO A HEART CONDITION, TUBERCULOSIS, RHEUMATIC FEVER, NEPHRI-
 TIS,  ASTHMA,  SICKLE CELL ANEMIA, HEMOPHILIA, EPILEPSY, LEAD POISONING,
 LEUKEMIA, DIABETES, ATTENTION  DEFICIT  DISORDER  OR  ATTENTION  DEFICIT
 HYPERACTIVITY  DISORDER  OR TOURETTE SYNDROME, WHICH ADVERSELY AFFECTS A
 STUDENT'S EDUCATIONAL PERFORMANCE.
   (K) SPEECH OR LANGUAGE IMPAIRMENT MEANS A COMMUNICATION DISORDER, SUCH
 AS STUTTERING, IMPAIRED ARTICULATION, A LANGUAGE IMPAIRMENT OR  A  VOICE
 IMPAIRMENT, THAT ADVERSELY AFFECTS A STUDENT'S EDUCATIONAL PERFORMANCE.
   (L)  TRAUMATIC  BRAIN  INJURY  MEANS  AN  ACQUIRED INJURY TO THE BRAIN
 CAUSED BY AN EXTERNAL PHYSICAL FORCE OR BY  CERTAIN  MEDICAL  CONDITIONS
 SUCH  AS STROKE, ENCEPHALITIS, ANEURYSM, AND ANOXIA OR BRAIN TUMORS WITH
 RESULTING IMPAIRMENTS THAT ADVERSELY AFFECT EDUCATIONAL PERFORMANCE. THE
 TERM INCLUDES OPEN OR  CLOSED  HEAD  INJURIES  OR  BRAIN  INJURIES  FROM
 CERTAIN MEDICAL CONDITIONS RESULTING IN MILD, MODERATE OR SEVERE IMPAIR-
 MENTS  IN  ONE  OR  MORE  AREAS,  INCLUDING COGNITION, LANGUAGE, MEMORY,
 ATTENTION, REASONING,  ABSTRACT  THINKING,  JUDGMENT,  PROBLEM  SOLVING,
 SENSORY, PERCEPTUAL AND MOTOR ABILITIES, PSYCHOSOCIAL BEHAVIOR, PHYSICAL
 FUNCTIONS, INFORMATION PROCESSING, AND SPEECH. THE TERM DOES NOT INCLUDE
 INJURIES THAT ARE CONGENITAL OR CAUSED BY BIRTH TRAUMA.
   (M)  VISUAL  IMPAIRMENT  INCLUDING  BLINDNESS  MEANS  AN IMPAIRMENT IN
 VISION THAT, EVEN WITH CORRECTION, ADVERSELY AFFECTS A STUDENT'S  EDUCA-
 TIONAL PERFORMANCE. THE TERM INCLUDES BOTH PARTIAL SIGHT AND BLINDNESS.
   (N) DYSLEXIA MEANS A SPECIFIC LEARNING DISABILITY THAT IS NEUROBIOLOG-
 ICAL  IN  ORIGIN. IT IS CHARACTERIZED AT THE LEVEL OF A KEEN OBSERVER AS
 FRUSTRATION, WITHDRAWAL, ANXIETY, AVERSION TO HOMEWORK  AND  SCHOOLWORK,
 UNDERPERFORMANCE,  AND  AN  UNDOING  OF  THE  PERSONAL SENSE OF ABILITY,
 PSYCHO-SOMATIC SYMPTOMS THAT ARE TRIGGERED BY SCHOOL-FAILURE TO READ  OR
 PERFORM WELL AT SPELLING, WRITTEN EXPRESSION OR OTHER LANGUAGE TASKS, OR
 MIXING  UP  RIGHT  AND  LEFT  HANDS.    OTHER OBSERVABLE CHARACTERISTICS
 INCLUDE DIFFICULTIES WITH ACCURATE AND/OR FLUENT WORD RECOGNITION AND BY
 POOR SPELLING  AND  DECODING  ABILITIES.  THESE  DIFFICULTIES  TYPICALLY
 RESULT  FROM A DEFICIT IN THE PHONOLOGICAL COMPONENT OF LANGUAGE THAT IS
 OFTEN UNEXPECTED IN  RELATION  TO  OTHER  COGNITIVE  ABILITIES  AND  THE
 PROVISION OF EFFECTIVE CLASSROOM INSTRUCTION. SECONDARY CONSEQUENCES MAY
 INCLUDE PROBLEMS IN READING COMPREHENSION AND REDUCED READING EXPERIENCE
 THAT CAN IMPEDE GROWTH OF VOCABULARY AND BACKGROUND KNOWLEDGE.
   (O)  "Special  education"  means  specially designed instruction which
 includes special services or programs as delineated in  subdivision  two
 of  this section, and transportation, provided at no cost to the parents
 to meet the unique needs of a child with a disability. A "child  with  a
 handicapping condition" means a child with a disability.
   § 2. Subdivision 1 of section 4401 of the education law, as amended by
 chapter 311 of the laws of 1999, 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

 S. 5867--A                          4
 
 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 instruction in  reading  or  math-
 ematics  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
 EDUCATIONAL PERFORMANCE IS  ADVERSELY  AFFECTED  PRIMARILY  BECAUSE  THE
 STUDENT HAS AN EMOTIONAL DISTURBANCE AS DEFINED IN PARAGRAPH (D) OF THIS
 SUBDIVISION. A STUDENT WHO MANIFESTS THE CHARACTERISTICS OF AUTISM AFTER
 AGE  THREE  COULD  BE DIAGNOSED AS HAVING AUTISM IF THE CRITERIA IN THIS
 PARAGRAPH ARE OTHERWISE SATISFIED.
   (B) DEAFNESS MEANS A HEARING IMPAIRMENT THAT IS  SO  SEVERE  THAT  THE
 STUDENT  IS  IMPAIRED IN PROCESSING LINGUISTIC INFORMATION THROUGH HEAR-
 ING, WITH OR WITHOUT AMPLIFICATION, THAT ADVERSELY AFFECTS  A  STUDENT'S
 EDUCATIONAL PERFORMANCE.
   (C)  DEAF-BLINDNESS  MEANS CONCOMITANT HEARING AND VISUAL IMPAIRMENTS,
 THE COMBINATION OF WHICH CAUSES  SUCH  SEVERE  COMMUNICATION  AND  OTHER
 DEVELOPMENTAL  AND EDUCATIONAL NEEDS THAT THEY CANNOT BE ACCOMMODATED IN
 SPECIAL EDUCATION PROGRAMS SOLELY FOR STUDENTS WITH DEAFNESS OR STUDENTS
 WITH BLINDNESS.
   (D) EMOTIONAL DISTURBANCE MEANS A CONDITION EXHIBITING ONE OR MORE  OF
 THE FOLLOWING CHARACTERISTICS OVER A LONG PERIOD OF TIME AND TO A MARKED
 DEGREE THAT ADVERSELY AFFECTS A STUDENT'S EDUCATIONAL PERFORMANCE:
   (1)  AN  INABILITY  TO LEARN THAT CANNOT BE EXPLAINED BY INTELLECTUAL,
 SENSORY, OR HEALTH FACTORS;
   (2) AN INABILITY  TO  BUILD  OR  MAINTAIN  SATISFACTORY  INTERPERSONAL
 RELATIONSHIPS WITH PEERS AND TEACHERS;
   (3)  INAPPROPRIATE  TYPES OF BEHAVIOR OR FEELINGS UNDER NORMAL CIRCUM-
 STANCES;
   (4) A GENERALLY PERVASIVE MOOD OF UNHAPPINESS OR DEPRESSION; OR
   (5) A TENDENCY TO DEVELOP PHYSICAL SYMPTOMS OR FEARS  ASSOCIATED  WITH
 PERSONAL  OR  SCHOOL PROBLEMS. THE TERM INCLUDES SCHIZOPHRENIA. THE TERM
 DOES NOT APPLY TO STUDENTS WHO ARE SOCIALLY MALADJUSTED,  UNLESS  IT  IS
 DETERMINED THAT THEY HAVE AN EMOTIONAL DISTURBANCE.
   (E)  HEARING IMPAIRMENT MEANS AN IMPAIRMENT IN HEARING, WHETHER PERMA-
 NENT OR FLUCTUATING, THAT  ADVERSELY  AFFECTS  THE  CHILD'S  EDUCATIONAL
 PERFORMANCE BUT THAT IS NOT INCLUDED UNDER THE DEFINITION OF DEAFNESS IN
 THIS SECTION.
   (F)  LEARNING  DISABILITY MEANS A DISORDER IN ONE OR MORE OF THE BASIC
 PSYCHOLOGICAL PROCESSES INVOLVED IN UNDERSTANDING OR IN USING  LANGUAGE,
 SPOKEN  OR  WRITTEN,  WHICH  MANIFESTS ITSELF IN AN IMPERFECT ABILITY TO
 LISTEN, THINK, SPEAK, READ, WRITE, SPELL, OR TO DO  MATHEMATICAL  CALCU-
 LATIONS.   THE TERM INCLUDES SUCH CONDITIONS AS PERCEPTUAL DISABILITIES,
 BRAIN INJURY, MINIMAL BRAIN DYSFUNCTION, AND DEVELOPMENTAL APHASIA.  THE
 TERM DOES NOT INCLUDE LEARNING PROBLEMS THAT ARE PRIMARILY THE RESULT OF
 VISUAL, HEARING OR MOTOR DISABILITIES, OF AN INTELLECTUAL DISABILITY, OF

 S. 5867--A                          5

 EMOTIONAL  DISTURBANCE, OR OF ENVIRONMENTAL, CULTURAL OR ECONOMIC DISAD-
 VANTAGE.
   (G)  INTELLECTUAL  DISABILITY  MEANS  SIGNIFICANTLY SUBAVERAGE GENERAL
 INTELLECTUAL FUNCTIONING, EXISTING CONCURRENTLY WITH DEFICITS  IN  ADAP-
 TIVE  BEHAVIOR  AND  MANIFESTED  DURING  THE  DEVELOPMENTAL PERIOD, THAT
 ADVERSELY AFFECTS A STUDENT'S EDUCATIONAL PERFORMANCE.
   (H) MULTIPLE  DISABILITIES  MEANS  CONCOMITANT  IMPAIRMENTS  (SUCH  AS
 INTELLECTUAL  DISABILITY-BLINDNESS,  INTELLECTUAL  DISABILITY-ORTHOPEDIC
 IMPAIRMENT, ETC.), THE COMBINATION OF WHICH  CAUSE  SUCH  SEVERE  EDUCA-
 TIONAL  NEEDS  THAT  THEY  CANNOT BE ACCOMMODATED IN A SPECIAL EDUCATION
 PROGRAM SOLELY FOR ONE OF THE IMPAIRMENTS. THE  TERM  DOES  NOT  INCLUDE
 DEAF-BLINDNESS.
   (I)  ORTHOPEDIC  IMPAIRMENT  MEANS A SEVERE ORTHOPEDIC IMPAIRMENT THAT
 ADVERSELY AFFECTS A STUDENT'S EDUCATIONAL PERFORMANCE. THE TERM INCLUDES
 IMPAIRMENTS CAUSED BY CONGENITAL ANOMALY  (E.G.,  CLUBFOOT,  ABSENCE  OF
 SOME  MEMBER, ETC.), IMPAIRMENTS CAUSED BY DISEASE (E.G., POLIOMYELITIS,
 BONE TUBERCULOSIS, ETC.), AND IMPAIRMENTS FROM OTHER CAUSES (E.G., CERE-
 BRAL PALSY, AMPUTATION, AND FRACTURES  OR  BURNS  WHICH  CAUSE  CONTRAC-
 TURES).
   (J) OTHER HEALTH-IMPAIRMENT MEANS HAVING LIMITED STRENGTH, VITALITY OR
 ALERTNESS,  INCLUDING  A  HEIGHTENED ALERTNESS TO ENVIRONMENTAL STIMULI,
 THAT RESULTS IN LIMITED ALERTNESS WITH RESPECT TO THE EDUCATIONAL  ENVI-
 RONMENT,  THAT IS DUE TO CHRONIC OR ACUTE HEALTH PROBLEMS, INCLUDING BUT
 NOT LIMITED TO A HEART CONDITION, TUBERCULOSIS, RHEUMATIC FEVER, NEPHRI-
 TIS, ASTHMA, SICKLE CELL ANEMIA, HEMOPHILIA, EPILEPSY,  LEAD  POISONING,
 LEUKEMIA,  DIABETES,  ATTENTION  DEFICIT  DISORDER  OR ATTENTION DEFICIT
 HYPERACTIVITY DISORDER OR TOURETTE SYNDROME, WHICH ADVERSELY  AFFECTS  A
 STUDENT'S EDUCATIONAL PERFORMANCE.
   (K) SPEECH OR LANGUAGE IMPAIRMENT MEANS A COMMUNICATION DISORDER, SUCH
 AS  STUTTERING,  IMPAIRED ARTICULATION, A LANGUAGE IMPAIRMENT OR A VOICE
 IMPAIRMENT, THAT ADVERSELY AFFECTS A STUDENT'S EDUCATIONAL PERFORMANCE.
   (L) TRAUMATIC BRAIN INJURY MEANS  AN  ACQUIRED  INJURY  TO  THE  BRAIN
 CAUSED  BY  AN  EXTERNAL PHYSICAL FORCE OR BY CERTAIN MEDICAL CONDITIONS
 SUCH AS STROKE, ENCEPHALITIS, ANEURYSM, AND ANOXIA OR BRAIN TUMORS  WITH
 RESULTING IMPAIRMENTS THAT ADVERSELY AFFECT EDUCATIONAL PERFORMANCE. THE
 TERM  INCLUDES  OPEN  OR  CLOSED  HEAD  INJURIES  OR BRAIN INJURIES FROM
 CERTAIN MEDICAL CONDITIONS RESULTING IN MILD, MODERATE OR SEVERE IMPAIR-
 MENTS IN ONE OR  MORE  AREAS,  INCLUDING  COGNITION,  LANGUAGE,  MEMORY,
 ATTENTION,  REASONING,  ABSTRACT  THINKING,  JUDGMENT,  PROBLEM SOLVING,
 SENSORY, PERCEPTUAL AND MOTOR ABILITIES, PSYCHOSOCIAL BEHAVIOR, PHYSICAL
 FUNCTIONS, INFORMATION PROCESSING, AND SPEECH. THE TERM DOES NOT INCLUDE
 INJURIES THAT ARE CONGENITAL OR CAUSED BY BIRTH TRAUMA.
   (M) VISUAL IMPAIRMENT  INCLUDING  BLINDNESS  MEANS  AN  IMPAIRMENT  IN
 VISION  THAT, EVEN WITH CORRECTION, ADVERSELY AFFECTS A STUDENT'S EDUCA-
 TIONAL PERFORMANCE. THE TERM INCLUDES BOTH PARTIAL SIGHT AND BLINDNESS.
   (N) DYSLEXIA MEANS A SPECIFIC LEARNING DISABILITY THAT IS NEUROBIOLOG-
 ICAL IN ORIGIN. IT IS CHARACTERIZED AT THE LEVEL OF A KEEN  OBSERVER  AS
 FRUSTRATION,  WITHDRAWAL,  ANXIETY, AVERSION TO HOMEWORK AND SCHOOLWORK,
 UNDERPERFORMANCE, AND AN UNDOING  OF  THE  PERSONAL  SENSE  OF  ABILITY,
 PSYCHO-SOMATIC  SYMPTOMS THAT ARE TRIGGERED BY SCHOOL-FAILURE TO READ OR
 PERFORM WELL AT SPELLING, WRITTEN EXPRESSION OR OTHER LANGUAGE TASKS, OR
 MIXING UP RIGHT  AND  LEFT  HANDS.    OTHER  OBSERVABLE  CHARACTERISTICS
 INCLUDE DIFFICULTIES WITH ACCURATE AND/OR FLUENT WORD RECOGNITION AND BY
 POOR  SPELLING  AND  DECODING  ABILITIES.  THESE  DIFFICULTIES TYPICALLY
 RESULT FROM A DEFICIT IN THE PHONOLOGICAL COMPONENT OF LANGUAGE THAT  IS
 OFTEN  UNEXPECTED  IN  RELATION  TO  OTHER  COGNITIVE  ABILITIES AND THE

 S. 5867--A                          6
 
 PROVISION OF EFFECTIVE CLASSROOM INSTRUCTION. SECONDARY CONSEQUENCES MAY
 INCLUDE PROBLEMS IN READING COMPREHENSION AND REDUCED READING EXPERIENCE
 THAT CAN IMPEDE GROWTH OF VOCABULARY AND BACKGROUND KNOWLEDGE.
   (O)  "Special  education"  means  specially designed instruction which
 includes special services or programs as delineated in  subdivision  two
 of  this section, and transportation, provided at no cost to the parents
 to meet the unique needs of a child with a disability. A "child  with  a
 handicapping condition" means a child with a disability.
   §  3.  This act shall take effect immediately; provided, however, that
 it shall not affect any student's individualized education program  that
 has  been  approved  for  the 2018--2019 school year; provided, further,
 that the amendments to subdivision 1 of section 4401  of  the  education
 law  made  by section one of this act shall be subject to the expiration
 and reversion of such subdivision pursuant to section 22 of chapter  352
 of  the  laws of 2005, as amended, when upon such date the provisions of
 section two of this act shall take effect.