assembly Bill A7199

2021-2022 Legislative Session

Relates to the definition of a student with a disability

download bill text pdf

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 29, 2021 referred to education

A7199 (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §4401, Ed L
Versions Introduced in Other Legislative Sessions:
2017-2018: A7639
2019-2020: A7536

A7199 (ACTIVE) - Summary

Amends the definition of a student with a disability.

A7199 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7199
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2021
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred 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.