Assembly Bill A10439

2019-2020 Legislative Session

Relates to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more

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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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2019-A10439 (ACTIVE) - Details

See Senate Version of this Bill:
S8536
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §§4402 & 4404, Ed L
Versions Introduced in Other Legislative Sessions:
2021-2022: A3795, S1988
2023-2024: S1993

2019-A10439 (ACTIVE) - Summary

Relates to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more.

2019-A10439 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10439
 
                           I N  A S S E M B L Y
 
                               May 18, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Dickens) --
   read once and referred to the Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  determinations  of
   appropriate  educational  programs  for  certain  students 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. 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
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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