senate Bill S8620

2021-2022 Legislative Session

Relates to the appointment of impartial hearing officers to hear appeals of determinations regarding children with handicapping conditions

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Education Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 26, 2022 reported and committed to education
Mar 22, 2022 referred to disabilities

Votes

view votes

Apr 26, 2022 - Disabilities committee Vote

S8620
6
1
committee
6
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Disabilities committee vote details

Disabilities Committee Vote: Apr 26, 2022

nay (1)

Co-Sponsors

S8620 (ACTIVE) - Details

See Assembly Version of this Bill:
A9287
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §4404, Ed L

S8620 (ACTIVE) - Summary

Prohibits the appointment of certain state, municipal or agency employees as impartial hearing officers to hear appeals of determinations regarding children with handicapping conditions.

S8620 (ACTIVE) - Sponsor Memo

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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