BILL NUMBER: S2994A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act in relation to requiring school districts to provide educational
and support services to students with disabilities until such students
turn twenty-three years of age

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that those students with disabilities who "age out" during the
COVID-19 pandemic receive instruction and services necessary to compen-
sate for the negative impacts of the school closings and remote instruc-
tion due to COVID-19, by increasing from 21 to 23 the age to which
schools must provide education for students with disabilities for the
2019-2020, 2020-2021 and 2021-2022 school years.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill provides that, notwithstanding any provision of
              

law rule or regulation to the contrary, in recognition of (1) the diffi-
culties distance learning during the coronavirus (COVID-19) pandemic
poses to students with disabilities and (2) the educational opportu-
nities for students with disabilities that were lost or hampered, each
New York school district shall provide educational and support services
to students with disabilities in special education programs and to
students who are qualified handicapped persons as defined in the federal
rehabilitation act, in accordance with the student's most recent Indi-
vidualized Education Program (IEP) until such student turns twenty-three
years of age for the school years 2019-2020, 2020-2021 and 2021-2022
school years only.

Section 2 is the effective date.

DIFFERENCE BETWEEN THE ORIGINAL AND AMENDED BILL 
:

THE AMENDED BILL REQUIRES COMPENSATORY SERVICES TO THE AGE OF
TWENTY-THREE AND INCLUDES THE 2019-2020 SCHOOL YEAR.

 
JUSTIFICATION:

SINCE THE INTRODUCTION OF THIS BILL LAST SESSION, THE SIGNIFICANT
IMPACTS OF SCHOOL CLOSURES AND REMOTE LEARNING ON STUDENTS WITH DISABIL-
ITIES HAS BECOME PAINFULLY CLEAR. WHILE SOME SCHOOLS HAVE TRIED TO
ADDRESS THESE IMPACTS AND HAVE EXTENDED COMPENSATORY SERVICES TO
STUDENTS THAT HAVE REACHED THE AGE OF 21, MANY HAVE NOT. THIS LEGIS-
LATION WILL HELP ENSURE THAT STUDENTS WITH DISABILITIES WHO HAVE REACHED
THE AGE OF 21, RECEIVE THE NECESSARY COMPENSATORY SERVICES TO MAKE UP
FOR THE LACK OF EDUCATIONAL PROGRAMS AND SERVICE, INCLUDING TRANSITION
SERVICES, DURING SCHOOL CLOSURES AND REMOTE LEARNING NECESSITATED BY
COVID-19 FOR THE 20192020, 2020-2021 AND 2021-2022 SCHOOL YEARS, NO
MATTER WHAT SCHOOL THEY ATTEND.

UNDER FEDERAL LAW, SCHOOLS MUST PROVIDE STUDENTS WITH DISABILITIES A
"FREE AND APPROPRIATE PUBLIC EDUCATION" UNTIL THE AGE OF 21. THESE
SPECIAL EDUCATION SERVICES ARE IDENTIFIED IN THE STUDENT'S INDIVIDUAL-
IZED EDUCATION PLAN (IEP). THE NEEDS OF STUDENTS WITH DISABILITIES VARY
GREATLY BASED ON THE SPECIFIC IMPAIRMENT - ENCOMPASSING EVERYTHING FROM
AUDITORY TO VISUAL TO COGNITIVE TO PHYSICAL AND MORE. AS A RESULT, IEPS
RUN THE GAMUT, FROM EXTRA TIME FOR TESTS AND PERSONALIZED TUTORING, TO A
SPECIAL EDUCATION AIDE DEDICATED TO A STUDENT FOR THE ENTIRETY OF THE
SCHOOL DAY. THROUGH REGULAR EVALUATIONS AND SPECIAL EDUCATION COMMITTEE
MEETINGS A STUDENT'S PROGRESS TOWARD MEETING THE STATED IEP GOALS IS
ASSESSED.  HOWEVER, DUE TO COVID-19 THE ABILITY OF SCHOOL DISTRICTS TO
PROVIDE THESE STUDENTS THE EDUCATION AND SUPPORT SERVICES NECESSARY TO
MEET IEP GOALS, AND CONDUCT EVALUATIONS AND MEETINGS HAS BEEN GREATLY
IMPACTED.

WHILE REMOTE LEARNING HAS BEEN CHALLENGING FOR MANY STUDENTS, IT HAS
BECOME CLEAR THAT REMOTE LEARNING HAS TAKEN THE GREATEST TOLL ON THE
EDUCATION OF STUDENTS WITH DISABILITIES. WHILE SCHOOL DISTRICTS HAVE
TRIED TO MEET THE NEEDS OF THESE STUDENTS, REMOTE LEARNING HAS NOT BEEN
EFFECTIVE FOR MOST OF THEM. NOT ONLY ARE THEY NOT PROGRESSING IN THEIR
INDIVIDUALIZED EDUCATIONAL PROGRAM, THEY ARE REGRESSING.

BOTH FEDERAL AND STATE GUIDELINES MAKE CLEAR THAT COMPENSATORY SERVICES
ARE REQUIRED BY LAW, REGARDLESS OF THE AGE OF THE STUDENT OR WHETHER A
STUDENT HAS RECEIVED A HIGH SCHOOL DIPLOMA. (SEE US DEPARTMENT OF EDUCA-
TION OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES LETTER TO
THE DEPUTY SUPERINTENDENT, CENTER FOR SPECIAL EDUCATION, ILLINOIS STATE
BOARD OF EDUCATION DATED AUGUST 22, 2000. SEE ALSO, US DEPARTMENT OF
EDUCATION QUESTIONS AND ANSWERS ON PROVIDING SERVICES TO CHILDREN WITH
DISABILITIES DURING THE CORONAVIRUS DISEASE 2019 OUTBREAK MARCH 2020.)
AS FURTHER NOTED IN THE NEW YORK STATE EDUCATION DEPARTMENT OFFICE OF
SPECIAL EDUCATION SUPPLEMENT  2 - PROVISION OF SERVICES TO STUDENTS WITH
DISABILITIES DURING STATEWIDE SCHOOL CLOSURES DUE TO NOVEL CORONAVIRUS
(COVID-19) OUTBREAK IN NEW YORK STATE QUESTIONS AND ANSWERS JUNE 20,
2020, COMPENSATORY SERVICES FOR EDUCATIONAL PROGRAMS AND SERVICES ARE
REQUIRED TO REMEDY THE SERVICES THAT WERE NOT PROVIDED TO ENABLE A
STUDENT TO MAKE APPROPRIATE PROGRESS, INCLUDING ANY LOSS IN SKILLS THAT
OCCURRED AS A RESULT OF A STUDENT NOT RECEIVING EDUCATION OR SERVICES
DURING SCHOOL CLOSURES DURING COVID-19, DESPITE THE AGE OF THE STUDENT.

IT IS CLEAR THAT IN ORDER TO ENSURE EQUITY IN SPECIAL EDUCATION FOR
STUDENTS WITH DISABILITIES THROUGHOUT THIS STATE, THIS LEGISLATION TO
REQUIRE SCHOOL DISTRICTS TO PROVIDE THE COMPENSATORY SERVICES THESE
STUDENTS NEED AND ARE ENTITLED TO BY FEDERAL AND STATE LAW IS CRITICAL.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: A11045 REFERRED TO EDUCATION, SAME AS S9059 (HARCKHAM) REFERRED
TO RULES

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

THE STIMULUS FUNDS AUTHORIZED BY THE FEDERAL GOVERNMENT AND RECEIVED BY
THE STATE TO COMPENSATE SCHOOL DISTRICTS FOR THE COSTS RELATED TO
COVID-19, BUT NOT YET DISTRIBUTED, AS WELL AS THE ADDITIONAL FEDERAL
FUNDS THAT ARE ANTICIPATED TO BE ALLOCATED TO THE STATE, ARE EXPECTED TO
COVER THE ADDITIONAL COSTS ASSOCIATED WITH NEEDED COMPENSATORY SERVICES.

 
EFFECTIVE DATE:
THIS ACT SHALL TAKE EFFECT IMMEDIATELY AND SHALL APPLY TO THE 2019-2020,
2020-2021 AND 2021-2022 SCHOOL YEARS ONLY.