Senate Bill S7158A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7158
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 3, 2021
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to pendency placements 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.   Section 4404 of the education law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. A. NOTWITHSTANDING  ANY OTHER PROVISION OF  LAW,  RULE  OR  REGU-
 LATION  TO THE CONTRARY, IN A SCHOOL DISTRICT IN A CITY  HAVING  A POPU-
 LATION  OF  ONE MILLION   OR   MORE, THE PARENT OR  PERSON  IN  PARENTAL
 RELATION SHALL BE ENTITLED TO THE PRESUMPTION THAT THE SCHOOL IDENTIFIED
 IN A SETTLEMENT AGREEMENT ENTERED ON OR AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION  IS  THE  STUDENT'S  OPERATIVE PLACEMENT FOR THE PURPOSES OF
 PENDENCY UNTIL THERE IS AN INTERVENING,  PENDENCY-CHANGING  EVENT  (THAT
 IS,  AN  ACTUAL  AGREEMENT  OF THE PARTIES; AN UNAPPEALED DECISION BY AN
 IMPARTIAL HEARING OFFICER; A DECISION OF THE STATE REVIEW  OFFICER  THAT
 AGREES  WITH  THE  PARENTS  AS  TO THE APPROPRIATENESS OF THEIR PROPOSED
 CHANGE IN PLACEMENT; OR A DETERMINATION BY A COURT ON  APPEAL  FROM  THE
 DECISION  OF  A STATE REVIEW OFFICER) OR A PROGRAM OFFERED BY THE SCHOOL
 DISTRICT AND NOT CHALLENGED BY THE PARENT. EACH  CHILD'S  IEP  SHALL  BE
 REVIEWED  PERIODICALLY,  BUT  NOT  LESS  FREQUENTLY  THAN  ANNUALLY,  AS
 REQUIRED BY 20 U.S.C. 1414(D)(4)(A)(I). PENDENCY  PAYMENTS  FOR  TUITION
 SHALL  BE MADE PROSPECTIVELY AND SHALL BE MADE FOR AMOUNTS NOT LESS THAN
 TWO MONTHS' WORTH OF TUITION OR THE REMAINING BALANCE ON  THE  CONTRACT,
 WHICHEVER  IS  SMALLER,  PROVIDED  THAT  THE INITIAL TUITION PAYMENT MAY
 INCLUDE RETROACTIVE PAYMENTS. PENDENCY  PAYMENTS,  AS  PROVIDED  FOR  IN
 SUBDIVISION FOUR OF THIS SECTION, SHALL CONTINUE UNINTERRUPTED WHILE THE
 APPEAL  IS  PENDING. IF THE CHILD IS MOVED INTO A PROGRAM OFFERED BY THE
 SCHOOL DISTRICT DURING THE SCHOOL YEAR, OR THE CHILD IS NO LONGER  ENTI-
 TLED  TO RECEIVE ALL THE SERVICES THAT THE CHILD HAD BEEN RECEIVING FROM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08863-06-1

 S. 7158                             2
 
 THE NON-PUBLIC SCHOOL, THE CHILD'S PARENTS  SHALL  NOT  BE  REQUIRED  TO
 REPAY  ANY  OF  THE TUITION REIMBURSEMENT RECEIVED PRIOR TO SUCH CHANGE,
 PROVIDED THE COST OF SERVICES THAT  WOULD  HAVE  BEEN  PROVIDED  BY  THE
 SCHOOL  DISTRICT  HAD THE CHILD BEEN ATTENDING PUBLIC SCHOOL IS THE SAME
 OR GREATER THAN THE COST OF THE SERVICES THAT WERE ACTUALLY PROVIDED  TO
 THE STUDENT BY THE NON-PUBLIC SCHOOL.
   B. WHERE A CLAIM FOR TUITION FOR A SCHOOL YEAR COMMENCING IN TWO THOU-
 SAND  NINETEEN  OR EARLIER HAS BEEN FILED PURSUANT TO THIS SECTION ON OR
 BEFORE JUNE THIRTIETH, TWO THOUSAND TWENTY AND REMAINS PENDING AND TIME-
 LY, THE LOCAL EDUCATIONAL AGENCY OF A CITY HAVING A POPULATION  OF  OVER
 ONE  MILLION  SHALL,  ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-
 TWO, MAKE ALL REASONABLE EFFORTS TO FINALIZE A SETTLEMENT OR INFORM  THE
 PARENT  OR PERSON IN PARENTAL RELATION, OR THEIR REPRESENTATIVE, THAT IT
 HAS NOT BEEN ABLE TO  SETTLE  THE  CLAIM.  NOTHING  IN  THIS  ACT  SHALL
 PRECLUDE  PARTIES  FROM REACHING A SETTLEMENT AFTER SEPTEMBER FIRST, TWO
 THOUSAND TWENTY-TWO.   ANY  SETTLEMENTS  FOR  TUITION,  INCLUDING  THOSE
 ALREADY  SETTLED,  SHALL  INCLUDE  A SCHEDULE FOR PAYMENTS, THE FIRST OF
 WHICH SHALL BEGIN NO LATER THAN SIXTY DAYS AFTER THE LATTER OF THE  DATE
 THE  SETTLEMENT  IS FULLY EXECUTED OR RECEIPT OF DOCUMENTATION NECESSARY
 FOR PAYMENT, AND THE REMAINDER OF WHICH SHALL BE COMPLETED WITHIN  SIXTY
 DAYS OF RECEIPT OF ANY DOCUMENTATION NECESSARY FOR PAYMENT.
   § 2. This act shall take effect January 1, 2022.