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.