|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 26, 2022||reported and committed to education|
|Mar 22, 2022||referred to disabilities|
senate Bill S8620
Current Bill Status - In Senate Committee Education Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8620 (ACTIVE) - Details
S8620 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8620 SPONSOR: ADDABBO TITLE OF BILL: An act to amend the education law, in relation to the appointment of impartial hearing officers to hear appeals of determinations regarding children with handicapping conditions PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to make changes to Education Law § 4404 regarding the impartial hearing process for students with disabilities. SUMMARY OF PROVISIONS: Section 1 of this bill states that impartial hearing officers selected by the board of education or state agency shall be selected from a list of impartial candidates who have been subjected to the impartial hearing officer training program. These officers shall not be employees of any educational agency that is involved in the education of the child, or any agency that would give rise to a conflict of interest. In addition,
S8620 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8620 I N S E N A T E March 22, 2022 ___________ Introduced by Sen. ADDABBO -- 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 the appointment of impartial hearing officers to hear appeals of determinations regarding children with handicapping conditions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph c of subdivision 1 of section 4404 of the educa- tion law, as amended by section 1 of chapter 583 of the laws of 2007, is amended to read as follows: c. Individuals so appointed by a board of education or a state agency shall be selected from a list of available impartial hearing officers who have successfully completed an impartial hearing officer training program conducted by the department according to a rotation selection process prescribed in regulations of the commissioner. INDIVIDUALS SO APPOINTED SHALL NOT BE AN EMPLOYEE OF THE STATE EDUCATIONAL AGENCY OR THE LOCAL EDUCATIONAL AGENCY INVOLVED IN THE EDUCATION OR CARE OF THE CHILD, OR OF ANY PUBLIC AGENCY OR A PERSON HAVING A PERSONAL OR PROFES- SIONAL INTEREST THAT CONFLICTS WITH THE PERSON'S OBJECTIVITY IN THE HEARING; NOR MAY THE IMPARTIAL HEARING OFFICER BE AN EMPLOYEE OF A MUNI- CIPALITY IN WHICH THE SCHOOL DISTRICT IS LOCATED OR OF ANY OF ITS AGEN- CIES OR INSTRUMENTALITIES; except that a city school district of a city having a population of more than one million inhabitants shall be exempt from such regulations to the extent it maintains its rotational selection process in effect prior to July first, nineteen hundred nine- ty-three. A record of proceedings before the impartial hearing officer shall be maintained and made available to the parties, and the hearing shall be conducted in accordance with the regulations of the commission- er. The board of education or trustees of the school district or the state agency responsible for providing education to students with disa- bilities shall have the burden of proof, including the burden of persua- sion and burden of production, in any such impartial hearing, except that a parent or person in parental relation seeking tuition reimburse- ment for a unilateral parental placement shall have the burden of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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