NY State Senate Bill 2021-S1988A

Senate Bill S1988A

2021-2022 Legislative Session

Relates to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more

download bill text pdf

Archive: Last Bill Status - In Senate Committee Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 08, 2022	print number 1988a
Mar 08, 2022	amend and recommit to disabilities
Jan 05, 2022	referred to disabilities
Jan 16, 2021	referred to disabilities

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S1988 - Details

See Assembly Version of this Bill:: A3795
Current Committee:: Senate Disabilities
Law Section:: Education Law
Laws Affected:: Amd §§4402, 4403 & 4404, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8536, A10439
2023-2024: S1993

2021-S1988 - Summary

Relates to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more.

2021-S1988 - Sponsor Memo

                                
 
BILL NUMBER: S1988

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the education law, in relation to determinations of
appropriate educational programs for certain students in a school
district in a city having a population of one million or more

 
PURPOSE:

The purpose of this bill is to provide for a special education placement
process that will help ensure students with disabilities are placed in
the appropriate programs and receive resolution of their impartial due
process hearing and tuition reimbursement in a timely manner.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 4402 of the Education Law to require a parent's
appeal of a special education placement recommendation by a school
district in a city having a population of one million or more to be

resolved via settlement, or decision of the impartial hearing officer,
or by a state review officer, within any applicable time periods
prescribed by federal law. This provision would further state that noth-
ing contained within such provision would be deemed to prohibit any
parent or school district from seeking judicial review by any court of
competent jurisdiction.

It further provides that upon the signing of a written settlement agree-
ment between a child's parent or person in parental relation and the
board of education of a school district in a city having a population of
one million or more or a state agency, or the decision, order or judg-
ment of an impartial hearing officer, state review officer or a court
finding that a unilateral parental placement was appropriate and that
tuition payment should be granted for such unilateral placement, as
provided by U.S.C. 20 § 1412(a)(10)(c) and the implementing federal
regulations, the amount of such payment and the timeline or schedule for
making such payment shall be set forth in any such settlement or deci-
sion, order, or judgment.

Section 2 amends Section 4404 of the Education Law to further require
that, 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 a court finding that a unilateral parental placement was
appropriate and that tuition payment should be granted for such unilat-
eral placement, such tuition payment shall continue in future years, at
the same percentage of the total tuition cost as the previous year's
payment, until the committee on special education determines the child's
needs can be met in another public or approved private school program
and revises the child's individualized education program to recommend
such placement; provided, however, that where the parent or person in
parental relation brings a due process proceeding to challenge such
revised placement. The unilateral parental placement for which tuition
payment was granted shall be the pendency placement.

Section 3 is the effective date.

 
JUSTIFICATION:

For a school district in a city having a population of one million or
more, this bill would provide for a special education placement process
that will help ensure students with disabilities are placed in the
appropriate programs, and receive resolution of their impartial due
process hearing and tuition reimbursement in a timely manner.

 
LEGISLATIVE HISTORY:

2013-2014: S.7691 - Passed the Senate/A.9938 - Ordered to to Third Read-
ing Rules Cal.502

2019-2020: S.8536 - Referred to Rules/A.10439 - Referred to Education

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to clause (b) of subparagraph 3 of paragraph b of subdivision
1 of section 4402 of the education law, made by section one of this act,
shall not affect the expiration of such clause and shall expire there-
with; provided, further, that the amendments to subdivision 1 of section
4404 of the education law, made by section two of this act, shall not
affect the expiration of such subdivision and shall expire therewith.

2021-S1988 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1988
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the education law,  in  relation  to  determinations  of
   appropriate  educational  programs  for  certain  students in a school
   district in a city having a population of one million or more

   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.

                                                            LBD02343-01-1

 S. 1988                             2
 
 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,
 WITHIN ANY APPLICABLE TIME PERIODS PRESCRIBED BY FEDERAL LAW.  PROVIDED,
 FURTHER,  THAT  NOTHING  IN  THIS  ITEM  SHALL BE DEEMED TO PROHIBIT ANY
 PARENT OR THE SCHOOL DISTRICT FROM SEEKING JUDICIAL REVIEW BY ANY  COURT
 OF COMPETENT JURISDICTION.
   UPON  THE  SIGNING OF A WRITTEN SETTLEMENT AGREEMENT BETWEEN A CHILD'S
 PARENT OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OF  THE
 SCHOOL  DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR
 A STATE AGENCY, OR THE DECISION, ORDER,  OR  JUDGMENT  OF  AN  IMPARTIAL
 HEARING  OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILAT-
 ERAL PARENTAL PLACEMENT WAS APPROPRIATE AND THAT TUITION PAYMENT  SHOULD
 BE  GRANTED  FOR  SUCH  UNILATERAL  PLACEMENT,  AS  PROVIDED  BY SECTION
 1412(A)(10)(C) OF TITLE 20 OF THE UNITED STATES CODE AND THE  IMPLEMENT-
 ING FEDERAL REGULATIONS, THE AMOUNT OF SUCH PAYMENT AND THE TIME LINE OR
 SCHEDULE  FOR MAKING SUCH PAYMENT SHALL BE SET FORTH IN ANY SUCH SETTLE-
 MENT OR DECISION, ORDER, OR JUDGMENT.
   § 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  A  COURT  FINDING THAT A UNILATERAL PARENTAL
 PLACEMENT WAS APPROPRIATE AND THAT TUITION PAYMENT SHOULD BE GRANTED FOR
 SUCH UNILATERAL PLACEMENT, SUCH  TUITION  PAYMENT    SHALL  CONTINUE  IN
 FUTURE  YEARS,  AT  THE SAME PERCENTAGE OF THE TOTAL TUITION COST AS THE
 PREVIOUS YEAR'S PAYMENT, UNTIL THE COMMITTEE ON SPECIAL EDUCATION DETER-
 MINES THE CHILD'S NEEDS CAN BE MET IN ANOTHER PUBLIC OR APPROVED PRIVATE
 SCHOOL PROGRAM AND REVISES THE CHILD'S INDIVIDUALIZED EDUCATION  PROGRAM
 TO  RECOMMEND  SUCH PLACEMENT; PROVIDED HOWEVER THAT WHERE THE PARENT OR
 PERSON IN PARENTAL RELATION BRINGS A DUE PROCESS PROCEEDING TO CHALLENGE
 SUCH REVISED PLACEMENT, THE  UNILATERAL  PARENTAL  PLACEMENT  FOR  WHICH
 TUITION PAYMENT WAS GRANTED SHALL BE THE PENDENCY PLACEMENT, AS PROVIDED
 IN SUBDIVISION FOUR OF THIS SECTION.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to clause (b) of subparagraph 3 of paragraph b of  subdi-
 vision  1  of  section 4402 of the education law, made by section one of
 this act, shall not affect the  expiration  of  such  clause  and  shall
 expire  therewith; provided, further, that the amendments to subdivision
 1 of section 4404 of the education law, made by section two of this act,
 shall not affect the expiration of such  subdivision  and  shall  expire
 therewith.

co-Sponsors

2021-S1988A (ACTIVE) - Details

See Assembly Version of this Bill:: A3795
Current Committee:: Senate Disabilities
Law Section:: Education Law
Laws Affected:: Amd §§4402, 4403 & 4404, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8536, A10439
2023-2024: S1993

2021-S1988A (ACTIVE) - Summary

Relates to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more.

2021-S1988A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1988A

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the education law, in relation to determinations of
appropriate educational programs for certain students in a school
district in a city having a population of one million or more

   
PURPOSE:

The purpose of this bill is to provide for a special education placement
process  that  will help ensure students with disabilities are placed in
the appropriate programs and receive resolution of their  impartial  due
process hearing and tuition reimbursement in a timely manner.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 4402 of the Education Law to require a parent's
appeal  of  a  special  education  placement  recommendation by a school
district in a city having a population of one  million  or  more  to  be
resolved  via  settlement, or decision of the impartial hearing officer,

or by a  state  review  officer,  within  any  applicable  time  periods
prescribed by federal law. This provision would further state that noth-
ing  contained  within  such  provision  would be deemed to prohibit any
parent or school district from seeking judicial review by any  court  of
competent jurisdiction.

It further provides that upon the signing of a written settlement agree-
ment  between  a  child's  parent or person in parental relation and the
board of education of a school district in a city having a population of
one million or more or a state agency, or the decision, order  or  judg-
ment  of  an  impartial hearing officer, state review officer or a court
finding that a unilateral parental placement was  appropriate  and  that
tuition  payment  should  be  granted  for such unilateral placement, as
provided by U.S.C. 20 §  1412(a)(10)(c)  and  the  implementing  federal
regulations, the amount of such payment and the timeline or schedule for
making  such  payment shall be set forth in any such settlement or deci-
sion, order, or judgment.

Section 2 amends Section 4403 of the Education Law to require  that  the
Commissioner  shall  appoint  a  special education monitor to ensure the
implementation of this law.

Section 3 amends Section 4404 of the Education Law to require that 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  a court finding that a unilateral parental placement was appropriate
and that tuition payment should be granted for  such  unilateral  place-
ment,  such  tuition payment shall continue in future years, at the same
percentage of the total tuition cost as  the  previous  year's  payment,
until  the  committee  on special education determines the child's needs
can be met in another public or  approved  private  school  program  and
revises  the  child's individualized education program to recommend such
placement; provided,  however,  that  where  the  parent  or  person  in
parental  relation  brings  a  due  process proceeding to challenge such
revised placement. The unilateral parental placement for  which  tuition
payment was granted shall be the pendency placement.

Section 4 is the effective date.

 
JUSTIFICATION:

For  a  school  district in a city having a population of one million or
more, this bill would provide for a special education placement  process
that  will  help  ensure  students  with  disabilities are placed in the
appropriate programs, and receive  resolution  of  their  impartial  due
process hearing and tuition reimbursement in a timely manner.

 
LEGISLATIVE HISTORY:

2013-2014: 5.7691 - Passed the Senate/A.9938 - Ordered to to Third Read-
ing Rules Ca1.502

2019-2020: 5.8536 - Referred to Rules/A.10439 - Referred to Education

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This  act  shall  take  effect  immediately; provided, however, that the
amendments to clause (b) of subparagraph 3 of paragraph b of subdivision
1 of section 4402 of the education law, made by section one of this act,
shall not affect the expiration of such clause and shall  expire  there-
with; provided, further, that the amendments to subdivision 1 of section
4404  of the education law, made by section three of this act, shall not
affect the expiration of such subdivision and shall expire therewith.

2021-S1988A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1988--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities --  recommit-
   ted to the Committee on Disabilities in accordance with Senate Rule 6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the education law,  in  relation  to  determinations  of
   appropriate  educational  programs  for  certain  students in a school
   district in a city having a population of one million or more
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02343-02-2

 S. 1988--A                          2
 
 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
 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,
 WITHIN ANY APPLICABLE TIME PERIODS PRESCRIBED BY FEDERAL LAW.  PROVIDED,
 FURTHER, THAT NOTHING IN THIS ITEM  SHALL  BE  DEEMED  TO  PROHIBIT  ANY
 PARENT  OR THE SCHOOL DISTRICT FROM SEEKING JUDICIAL REVIEW BY ANY COURT
 OF COMPETENT JURISDICTION.
   UPON THE SIGNING OF A WRITTEN SETTLEMENT AGREEMENT BETWEEN  A  CHILD'S
 PARENT  OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OF THE
 SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE  OR
 A  STATE  AGENCY,  OR  THE  DECISION, ORDER, OR JUDGMENT OF AN IMPARTIAL
 HEARING OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A  UNILAT-
 ERAL  PARENTAL PLACEMENT WAS APPROPRIATE AND THAT TUITION PAYMENT SHOULD
 BE GRANTED  FOR  SUCH  UNILATERAL  PLACEMENT,  AS  PROVIDED  BY  SECTION
 1412(A)(10)(C)  OF TITLE 20 OF THE UNITED STATES CODE AND THE IMPLEMENT-
 ING FEDERAL REGULATIONS, THE AMOUNT OF SUCH PAYMENT AND THE TIME LINE OR
 SCHEDULE FOR MAKING SUCH PAYMENT SHALL BE SET FORTH IN ANY SUCH  SETTLE-
 MENT  OR DECISION, ORDER, OR JUDGMENT, AND SUCH PAYMENT SHALL BE MADE IN
 STRICT ACCORDANCE WITH SUCH TIMELINE.
   § 2. Section 4403 of the education law is  amended  by  adding  a  new
 subdivision 22 to read as follows:
   22. TO PROVIDE FOR A SPECIAL EDUCATION MONITOR IN A SCHOOL DISTRICT IN
 A  CITY  HAVING  A  POPULATION  OF  ONE MILLION OR MORE APPOINTED BY THE
 COMMISSIONER. SUCH SPECIAL  EDUCATION  MONITOR  SHALL  ENSURE  THAT  THE
 IMPLEMENTATION OF ANY SETTLEMENT, DECISION, ORDER, OR JUDGMENT, PURSUANT
 TO ITEM (I) OF CLAUSE (B) OF SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDI-
 VISION ONE OF SECTION FOURTY-FOUR HUNDRED TWO OF THIS ARTICLE, IS TIMELY
 IMPLEMENTED.  SUCH  SPECIAL  EDUCATION  MONITOR  SHALL  BE EMPOWERED AND
 DIRECTED TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE SUCH TIMELY  IMPLE-
 MENTATION, INCLUDING, BUT NOT LIMITED TO, REVIEWING, EVALUATING, EXAMIN-
 ING  INTO,  INSPECTING AND AUDITING SUCH DISTRICT'S IMPLEMENTATION POLI-
 CIES, PROCEDURES, PRACTICES, PROTOCOLS, AND SYSTEMS, AND COMPELLING  ANY
 CHANGES  TO SUCH POLICIES, PROCEDURES, PRACTICES, PROTOCOLS, AND SYSTEMS
 THAT THE SPECIAL EDUCATION MONITOR DEEMS NECESSARY TO ENSURE  COMPLIANCE
 WITH  SUCH  TIMELINE OR SCHEDULE. THE SPECIAL EDUCATION MONITOR SHALL BE
 EMPOWERED TO DIRECT AND COMPEL SUCH DISTRICT  TO  IMPLEMENT  IMMEDIATELY
 ANY SUCH SETTLEMENT, DECISION, ORDER OR JUDGEMENT IN ACCORDANCE WITH THE
 TIMELINES  ESTABLISHED  BY THIS ARTICLE. AND IT IS FURTHER PROVIDED THAT
 IF SUCH DISTRICT FAILS TO MAKE ANY  PAYMENT  AT  THE  DIRECTION  OF  THE
 SPECIAL  EDUCATION  MONITOR,  THE COMMISSIONER SHALL, IN HIS OR HER SOLE
 DISCRETION: (A) WITHHOLD FROM SUCH DISTRICT  ITS  SHARE  OF  THE  PUBLIC
 MONEY  OF  THE STATE PURSUANT TO SECTION THREE HUNDRED SIX OF THIS CHAP-
 TER; (B) WITHHOLD FROM SUCH DISTRICT ALL OR A PORTION OF  ITS  SHARE  OF
 FUNDS  ALLOCATED  TO  IT PURSUANT TO 20 U.S.C. SECTIONS 1411 AND 1413 OF
 THE INDIVIDUALS WITH DISABILITIES ACT; (C) REPORT SUCH  DISTRICT'S  NON-
 COMPLIANCE  TO  THE  UNITED STATES DEPARTMENT OF EDUCATION; AND (D) TAKE
 ANY OTHER ACTION THE COMMISSIONER  DEEMS  APPROPRIATE  PURSUANT  TO  THE
 POWERS VESTED IN THE COMMISSIONER BY THIS CHAPTER.
   § 3. 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 SETTLEMENT OF AN IMPARTIAL HEARING OR APPEAL
 S. 1988--A                          3

 THEREFROM, OR UPON THE DECISION OF AN IMPARTIAL HEARING  OFFICER,  STATE
 REVIEW  OFFICER  OR A COURT FINDING THAT A UNILATERAL PARENTAL PLACEMENT
 WAS APPROPRIATE AND THAT TUITION PAYMENT  AND  ANY  OTHER  SERVICES  AND
 COSTS  SHOULD  BE GRANTED FOR SUCH UNILATERAL PLACEMENT, SUCH SETTLEMENT
 AGREEMENT, DECISION, ORDER OR JUDGMENT SHALL CONTINUE IN  FUTURE  YEARS,
 AT  THE SAME PERCENTAGE OF THE TOTAL TUITION, SERVICES, AND COSTS AS THE
 PREVIOUS YEAR'S PAYMENT, UNTIL THE COMMITTEE ON SPECIAL EDUCATION DETER-
 MINES THE CHILD'S NEEDS CAN BE MET IN ANOTHER PUBLIC OR APPROVED PRIVATE
 SCHOOL PROGRAM AND REVISES THE CHILD'S INDIVIDUALIZED EDUCATION  PROGRAM
 TO  RECOMMEND  SUCH PLACEMENT; PROVIDED HOWEVER THAT WHERE THE PARENT OR
 PERSON IN PARENTAL RELATION BRINGS A DUE PROCESS PROCEEDING TO CHALLENGE
 SUCH REVISED PLACEMENT, THE  UNILATERAL  PARENTAL  PLACEMENT  FOR  WHICH
 TUITION  PAYMENT AND ANY OTHER SERVICES OR COSTS WERE GRANTED OR SETTLED
 UPON, SHALL BE THE PENDENCY PLACEMENT, AS PROVIDED IN  SUBDIVISION  FOUR
 OF THIS SECTION.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to clause (b) of subparagraph 3 of paragraph b of  subdi-
 vision  1  of  section 4402 of the education law, made by section one of
 this act, shall not affect the  expiration  of  such  clause  and  shall
 expire  therewith; provided, further, that the amendments to subdivision
 1 of section 4404 of the education law, made by section  three  of  this
 act,  shall  not  affect  the  expiration  of such subdivision and shall
 expire therewith.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1988A

Share this bill

Sponsored By

Robert Jackson

Archive: Last Bill Status - In Senate Committee Disabilities Committee

Bill Amendments

co-Sponsors

Brian Benjamin

2021-S1988 - Details

2021-S1988 - Summary

2021-S1988 - Sponsor Memo

2021-S1988 - Bill Text download pdf

co-Sponsors

Brian Benjamin

2021-S1988A (ACTIVE) - Details

2021-S1988A (ACTIVE) - Summary

2021-S1988A (ACTIVE) - Sponsor Memo

2021-S1988A (ACTIVE) - Bill Text download pdf

Comments