S T A T E O F N E W Y O R K
________________________________________________________________________
6576
2021-2022 Regular Sessions
I N A S S E M B L Y
March 19, 2021
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to the handling of
appeals regarding recommendations for children with handicapping
conditions
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08863-03-1
A. 6576 2
BY A COURT, OR BY 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 STATE AGENCY.
§ 1-a. Clause (b) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law, as amended by chapter 716 of the laws
of 1991, is amended to read as follows:
(b) Make recommendations based upon a written evaluation setting forth
the reasons for the recommendations, to the child's parent or person in
parental relationship and board of education or trustees as to appropri-
ate 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 relationship
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 and that the
parent or person in parental relationship 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 relationship, such parent
or person in parental relationship 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
BY A COURT, OR BY 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 STATE AGENCY.
§ 2. Paragraph a of subdivision 1 of section 4404 of the education law
is amended by adding a new closing paragraph to read as follows:
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, IN A SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE, UPON THE DECISION OF AN IMPARTIAL HEARING OFFICER,
STATE REVIEW OFFICER, OR BY A COURT FINDING, OR BY 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, THAT A UNILATERAL
PARENTAL PLACEMENT SHALL BE MADE AND THAT TUITION PAYMENTS SHALL BE
GRANTED FOR SUCH UNILATERAL PLACEMENT, THEN SUCH PLACEMENT AND TUITION
PAYMENTS SHALL CONTINUE WITH SUCH UNINTERRUPTED BIMONTHLY PAYMENTS BEING
AT THE TUITION COST AS THE PREVIOUS YEAR'S PAYMENTS, UNLESS AND UNTIL
THE COMMITTEE ON SPECIAL EDUCATION DETERMINES THAT THE CHILD'S NEEDS CAN
BE MET IN ANOTHER PUBLIC OR APPROVED PRIVATE SCHOOL PROGRAM DUE TO REGU-
LARLY SCHEDULED INDIVIDUALIZED EDUCATION PROGRAM MEETINGS AND WHERE SUCH
DETERMINATION WAS BASED UPON A SIGNIFICANT REVISION TO THE CHILD'S INDI-
VIDUALIZED EDUCATION PROGRAM THAT IS CAUSED BY A SUBSTANTIAL CHANGE TO
THE CHILD'S DISABILITY STATUS THAT REQUIRES THE COMMITTEE TO RECOMMEND
SUCH NEW PLACEMENT; PROVIDED, HOWEVER, THAT TO QUALIFY FOR SUCH TUITION
PAYMENTS PROVIDED PURSUANT TO THIS PARAGRAPH, THE FAMILY OF SUCH CHILD
SHALL HAVE AN INCOME OF FOUR TIMES OR LESS THAN THE INCOME ELIGIBILITY
REQUIREMENTS UNDER THE FEDERAL NATIONAL SCHOOL LUNCH PROGRAM; AND
PROVIDED FURTHER THAT WHERE THE PARENT OR PERSON IN PARENTAL RELATION
BRINGS A DUE PROCESS PROCEEDING TO CHALLENGE SUCH REVISED, NEW PLACE-
A. 6576 3
MENT, THE UNILATERAL PARENTAL PLACEMENT FOR WHICH TUITION PAYMENT WAS
GRANTED SHALL BE THE PENDENCY PLACEMENT, AS PROVIDED IN SUBDIVISION FOUR
OF THIS SECTION. IF THERE IS A SIGNIFICANT CHANGE IN A CHILD'S INDIVID-
UALIZED EDUCATION PROGRAM DURING THE COURSE OF THE SCHOOL YEAR, SUCH
THAT THE CHILD WOULD NO LONGER BE ENTITLED TO RECEIVE ALL OF THE
SERVICES THAT THE CHILD HAD BEEN RECEIVING FROM THE NON-PUBLIC SCHOOL,
THE CHILD'S PARENTS SHALL NOT BE REQUIRED TO REPAY ANY OF THE TUITION
REIMBURSEMENT RECEIVED PRIOR TO SUCH CHANGE PROVIDED THE COST OF
SERVICES THAT WOULD HAVE BEEN PROVIDED BY THE SCHOOL DISTRICT HAD THE
CHILD BEEN ATTENDING PUBLIC SCHOOL IS THE SAME OR GREATER THAN THE COST
OF THE SERVICES THAT WERE ACTUALLY PROVIDED TO THE STUDENT BY THE NON-
PUBLIC SCHOOL. THE REQUIREMENTS OF THIS PARAGRAPH SHALL ALSO APPLY TO
ALL SETTLEMENTS THAT HAVE PREVIOUSLY BEEN ENTERED INTO AND REMAIN IN
EFFECT. IF THE CHILD'S PARENTS FAIL TO ATTEND THREE IEP MEETINGS SCHED-
ULED ON REGULAR SCHOOL DAYS DURING THE SCHOOL YEAR, THE CHILD SHALL NO
LONGER BE ABLE TO RECEIVE PENDANCY UNDER THIS SECTION.
§ 3. This act shall take effect January 1, 2022; provided, however,
that the amendments to item (i) of clause (b) of subparagraph 3 of para-
graph b of subdivision 1 of section 4402 of the education law made by
section one of this act shall be subject to the expiration and reversion
of such paragraph pursuant to section 22 of chapter 352 of the laws of
2005, as amended, and subdivision d of section 27 of chapter 378 of the
laws of 2007, as amended, when upon such date the provisions of section
one-a of this act shall take effect; and provided further that the
amendments to paragraph a of subdivision 1 of section 4404 of the educa-
tion law made by section two of this act shall be subject to the expira-
tion and reversion of such subdivision and shall expire and be deemed
repealed therewith.