S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7956
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Education
 
 AN  ACT  in  relation  to  requiring school districts to provide special
   education and related services to certain students exceeding age of 21
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  As  a result of the coronavirus (COVID-19) pandemic, many
 students with disabilities lost educational  opportunities  and  related
 services.  Many suffered significant learning loss or regressed and many
 never received transition services. Thus, it is  appropriate  that  each
 New  York  school  district  assess  each student with a disability and,
 where appropriate, provide needed special education and support services
 according to the student's Individualized Education Program (IEP).
   § 2. Notwithstanding any provision of law, rule or regulation  to  the
 contrary,  including  subdivision 1 of section 4401 of the education law
 concerning the maximum age of  eligibility  for  special  education  and
 related  services,  each  New York school district shall comply with the
 following.
   a. For a student with disabilities who attained the age of  21  during
 the  2019-2020  or 2020-2021 school years, each New York school district
 (1) shall immediately convene a meeting  of  the  committee  on  special
 education  with  the  parent  of  the  student  to determine whether the
 student requires compensatory special  education  and  related  services
 contained  in  the  student's  individualized  education plan due to the
 failure to implement services  in  the  individualized  education  plan,
 regression  and/or  learning  loss;  and,  (2)  shall  provide  any such
 required compensatory special education  and  related  services  in  the
 2021-2022  school  year  (commencing  July 1, 2021) if the parent of the
 student in conjunction with the committee on  special  education  deter-
 mines  that  the  student  requires  such  special education and related
 services. A student may receive such  education  and  related  services,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11758-02-1

 A. 7956                             2
 
 including   transition  services,  regardless  of  whether  the  student
 received a diploma but shall not be eligible to receive  such  education
 and  services  beyond  June  30,  2022,  unless  otherwise provided in a
 student's individualized education program.
   b.  For  a student with disabilities who attained the age of 21 during
 the 2021-2022 school year, each New York school district (1) shall imme-
 diately convene a meeting of the committee on special education with the
 parent of the student to determine whether the student requires  compen-
 satory special education and related services contained in the student's
 individualized  education  program  due  to  the  failure  to  implement
 services in the  individualized  education  program,  regression  and/or
 learning  loss;  and,  (2)  shall provide any such required compensatory
 special education and related services  in  the  2021-2022  school  year
 (commencing  July 1, 2021) and, if necessary, in the 2022-23 school year
 (commencing July 1, 2022), if the parent of the student  in  conjunction
 with  the  committee  on  special  education determines that the student
 requires such special education and  related  services.  A  student  may
 receive  such  education  and  related  services,  including  transition
 services, regardless of whether the student received a diploma but shall
 not be eligible to receive such education and services beyond  June  30,
 2023,  unless otherwise provided in a student's individualized education
 program.
   c. As used in this section, "parent" means  the  natural  or  adoptive
 parent,  the  legal  guardian, resource family parent when willing to so
 serve, a surrogate parent, or a person acting in the place of a  parent,
 such  as  a  grandparent  or stepparent with whom the student lives or a
 person legally responsible for the student's welfare. Parent shall  also
 include  an  adult  student  who  has attained the age of 18, who is not
 under legal guardianship, and who is entitled to receive special  educa-
 tion and related services.
   d. A student receiving special education and related services pursuant
 to this section shall be afforded the same rights, privileges, and reme-
 dies provided to students with disabilities pursuant to state law, State
 Education  Department  regulations concerning special education, and the
 federal "Individuals with Disabilities Education Act", 20 U.S.C.  s.1400
 et seq.
   § 3. This act shall take effect immediately.