Requires school districts to refer a newly-registering child with a disability for evaluation within forty-eight hours of the time of the first contact between the school district and the person or entity registering the student with the school district, provided a request for referral has been made.
S T A T E O F N E W Y O R K
________________________________________________________________________
10382
I N A S S E M B L Y
May 13, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to requiring school
districts to refer a child with a disability for evaluation when
application for registration of the child with the district is first
made
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4401-a of the education law is amended by adding a
new subdivision 7 to read as follows:
7. WITH RESPECT TO A STUDENT WHO IS REGISTERING WITH A SCHOOL DISTRICT
FOR THE FIRST TIME, A REFERRAL FOR INITIAL EVALUATION AS PROVIDED IN
THIS SECTION SHALL BE MADE WITHIN FORTY-EIGHT HOURS OF THE TIME OF THE
FIRST CONTACT BETWEEN THE SCHOOL DISTRICT AND THE PERSON OR ENTITY
REGISTERING THE STUDENT WITH THE SCHOOL DISTRICT, PROVIDED A REQUEST FOR
REFERRAL HAS BEEN MADE. A REFERRAL FOR EVALUATION SHALL NOT BE DELAYED
UNTIL REGISTRATION OF THE STUDENT HAS BEEN COMPLETED.
§ 2. This act shall take effect immediately; provided, however, if
this act shall have become a law after June 30, 2022 it shall take
effect immediately and shall be deemed to have been in full force and
effect on and after June 30, 2022; and provided further, that the amend-
ments to section 4401-a of the education law made by section one of this
act shall survive the expiration and reversion of such section as
provided in subdivision d of section 27 of chapter 378 of the laws of
2007, as amended.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15631-01-2
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