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.