S T A T E O F N E W Y O R K
________________________________________________________________________
2030
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Education
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-b to read as follows:
1-B. 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 AT THE TUITION COST OF THE PREVIOUS YEAR'S PAYMENTS UNLESS A
NEW IEP WAS PERFORMED, AND 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 UNIN-
TERRUPTED WHILE THE APPEAL IS PENDING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00163-03-3
A. 2030 2
B. WHERE A CLAIM FOR TUITION FOR A SCHOOL YEAR COMMENCING IN TWO THOU-
SAND TWENTY-ONE OR EARLIER HAS BEEN FILED PURSUANT TO THIS SECTION ON OR
BEFORE JUNE THIRTIETH, TWO THOUSAND TWENTY-TWO AND REMAINS PENDING AND
TIMELY, THE LOCAL EDUCATIONAL AGENCY OF A CITY HAVING A POPULATION OF
OVER ONE MILLION SHALL, ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWEN-
TY-FOUR, 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 JANUARY FIRST, TWO
THOUSAND TWENTY-FOUR. 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 on the ninetieth day after it shall
have become a law.