NY State Senate Bill 2021-S6682

Senate Bill S6682

Signed By Governor

2021-2022 Legislative Session

Appoints an impartial hearing officer during certain appeal procedures for children with handicapping conditions

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Archive: Last Bill Status - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 29, 2021	signed chap.812
Dec 17, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly ordered to third reading rules cal.775 substituted for a7614
Jun 03, 2021	referred to ways and means delivered to assembly passed senate
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 19, 2021	1st report cal.1185
May 11, 2021	referred to new york city education

Votes

- Jun 3, 2021 - Floor Vote
  S6682
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 19, 2021 - New York City Education Committee Vote
  S6682
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - New York City Education Committee Vote: May 19, 2021
      
      aye (6)
      
      Brisport
      
      Felder
      
      Jackson
      
      Lanza
      
      Liu
      
      Ramos
      
      aye wr (1)
      
      Tedisco

co-Sponsors

2021-S6682 (ACTIVE) - Details

See Assembly Version of this Bill:: A7614
Law Section:: Education Law
Laws Affected:: Amd §4404, Ed L

2021-S6682 (ACTIVE) - Summary

Appoints an impartial hearing officer to issue an order of relief if a parent or person in parental relation of a student files a due process complaint notice seeking an impartial due process hearing.

2021-S6682 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6682

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the education law, in relation to appointing an impar-
tial hearing officer during certain appeal procedures for children with
handicapping conditions

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill is intended to address due process complaints that have not
been resolved within a timely manner to ensure that students with disa-
bilities receive their right to a free appropriate public education.
This bill provides families with an option to have an independent hear-
ing officer immediately appointed where such appointment has not been
made after 196 days.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 4404 of the Education Law to provide a process
whereby families can elect to have an independent hearing officer imme-

diately appointed where such appointment has not been made after 196
days. The bill also imposes a reporting requirement on school districts
that are subject to this provision.

Section 2 provides that this act shall take effect on the ninetieth day.

 
JUSTIFICATION:

Current law provides an appeal process for families of students with
disabilities where a family challenges the identification, evaluation,
education placement or the provision of a free appropriate education to
the student. Such process provides for the appointment of an independent
hearing officer to oversee the dispute.  These hearings are meant to
occur in a timely manner to ensure that students are provided their
right to a free appropriate public education and necessary services. It
has been widely reported that New York City has, for years, failed to
resolve these cases in a timely manner, with thousands of cases existing
over multi-year periods. As a result, New York City is currently subject
to a corrective action plan and efforts have been made to attract addi-
tional independent hearing officers to address the backlog of cases.
Despite these efforts, however, New York City fails to demonstrate its
ability to address this backlog of cases and provide students with disa-
bilities with the free appropriate public education that they are enti-
tled. This bill will provide a process in which families who have expe-
rienced delays in their cases to elect that an independent hearing
officer be immediately appointed to issue an order based on the relief
sought by the family.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day.

2021-S6682 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6682
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on New York City Education
 
 AN ACT to amend the education law, in relation to appointing  an  impar-
   tial  hearing  officer  during  certain appeal procedures 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.  Section  4404 of the education law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. IF THE PARENT OR PERSON IN PARENTAL RELATION OF A STUDENT FILES A
 DUE PROCESS COMPLAINT NOTICE SEEKING AN IMPARTIAL  DUE  PROCESS  HEARING
 WITH  RESPECT  TO  THE EVALUATION, EDUCATIONAL PLACEMENT, PROVISION OF A
 FREE APPROPRIATE PUBLIC EDUCATION TO THE STUDENT OR IN  ACCORDANCE  WITH
 SECTION  THIRTY-SIX HUNDRED TWO-C OF THIS CHAPTER AND AN IMPARTIAL HEAR-
 ING OFFICER IS NOT APPOINTED WITHIN ONE HUNDRED  NINETY-SIX  DAYS  AFTER
 FILING SUCH DUE PROCESS COMPLAINT NOTICE WITH THE LOCAL SCHOOL DISTRICT,
 IN  ACCORDANCE  WITH REGULATIONS PROMULGATED PURSUANT TO THIS SECTION BY
 THE COMMISSIONER, AN IMPARTIAL HEARING OFFICER MAY THEN  BE  IMMEDIATELY
 APPOINTED  TO  ISSUE  AN  ORDER  BASED  UPON  A PROPOSED ORDER OF RELIEF
 SUBMITTED BY THE PARENT OR PERSON IN PARENTAL RELATION  OF  THE  STUDENT
 IDENTIFYING APPROPRIATE AND INDIVIDUALIZED PROGRAMS AND SERVICES FOR THE
 STUDENT.  SCHOOL  DISTRICTS  SUBJECT  TO THIS SUBDIVISION SHALL ANNUALLY
 REPORT, ON A FORM PRESCRIBED BY  THE  COMMISSIONER,  ON  THE  NUMBER  OF
 COMPLAINTS  THAT SEEK THIS RELIEF, THE RELIEF SOUGHT, AND THE RESOLUTION
 OF SUCH COMPLAINTS TO THE  GOVERNOR,  THE  COMMISSIONER,  THE  TEMPORARY
 PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
 SENATE EDUCATION COMMITTEE, THE CHAIR OF THE SENATE  CITY  OF  NEW  YORK
 EDUCATION COMMITTEE AND THE CHAIR OF THE ASSEMBLY EDUCATION COMMITTEE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 by the commissioner of education on or before such effective date.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11358-01-1

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Senate Bill S6682

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Sponsored By

John C. Liu