NY State Senate Bill 2023-S1993

Senate Bill S1993

2023-2024 Legislative Session

Provides for determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more

download bill text pdf

Current Bill Status - In Senate Committee Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to disabilities
Dec 29, 2023	print number 1993a
Dec 29, 2023	amend and recommit to disabilities
Jan 18, 2023	referred to disabilities

Bill Amendments

Original

A (Active)

2023-S1993 - Details

Current Committee:: Senate Disabilities
Law Section:: Education Law
Laws Affected:: Amd §§4402, 4403 & 4404, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8536
2021-2022: S1988

2023-S1993 - Summary

Relates to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more.

2023-S1993 - Sponsor Memo

                                 
BILL NUMBER: S1993

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the education law, in relation to determinations of
appropriate educational programs for certain students in a school
district in a city having a population of one million or more

 
PURPOSE:

The purpose of this bill is to provide for a special education placement
process that will help ensure students with disabilities are placed in
the appropriate programs and receive resolution of their impartial due
process hearing and tuition reimbursement in a timely manner.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 4402 of the Education Law to require a parent's
appeal of a special education placement recommendation by a school
district in a city having a population of one million or more to be
resolved via settlement, or decision of the impartial hearing officer,

or by a state review officer, within any applicable time periods
prescribed by federal law. This provision would further state that noth-
ing contained within such provision would be deemed to prohibit any
parent or school district from seeking judicial review by any court of
competent jurisdiction.

It further provides that upon the signing of a written settlement agree-
ment between a child's parent or person in parental relation and the
board of education of a school district in a city having a population of
one million or more or a state agency, or the decision, order or judg-
ment of an impartial hearing officer, state review officer or a court
finding that a unilateral parental placement was appropriate and that
tuition payment should be granted for such unilateral placement, as
provided by U.S.C. 20 § 1412(a)(10)(c) and the implementing federal
regulations, the amount of such payment and the timeline or schedule for
making such payment shall be set forth in any such settlement or deci-
sion, order, or judgment.

Section 2 amends Section 4403 of the Education Law to require that the
Commissioner shall appoint a special education monitor to ensure the
implementation of this law.

Section 3 amends Section 4404 of the Education Law to require that in a
school district in a city having a population of one million or more
upon the decision of an impartial hearing officer, state review officer
or a court finding that a unilateral parental placement was appropriate
and that tuition payment should be granted for such unilateral place-
ment, such tuition payment shall continue in future years, at the same
percentage of the total tuition cost as the previous year's payment,
until the committee on special education determines the child's needs
can be met in another public or approved private school program and
revises the child's individualized education program to recommend such
placement; provided, however, that where the parent or person in
parental relation brings a due process proceeding to challenge such
revised placement. The unilateral parental placement for which tuition
payment was granted shall be the pendency placement.

Section 4 is the effective date.

 
JUSTIFICATION:

For a school district in a city having a population of one million or
more, this bill would provide for a special education placement process
that will help ensure students with disabilities are placed in the
appropriate programs, and receive resolution of their impartial due
process hearing and tuition reimbursement in a timely manner.

 
LEGISLATIVE HISTORY:

2021-2022: S.1988-A - Amend and Recommit to Disabilities/A.3795-A -
Amend and Recommit to Education

2019-2020: S.8536 - Referred to Rules/A.10439 - Referred to Education

2013-2014: S.7691 - Passed the Senate/A.9938 - Ordered to to Third Read-
ing Rules Ca1.502

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to clause (b) of subparagraph 3 of paragraph b of subdivision
1 of section 4402 of the education law, made by section one of this act,
shall not affect the expiration of such clause and shall expire there-
with; provided, further, that the amendments to subdivision 1 of section
4404 of the education law, made by section three of this act, shall not
affect the expiration of such subdivision and shall expire therewith.

2023-S1993 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1993
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  determinations  of
   appropriate  educational  programs  for  certain  students 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. Item (i) of clause (b) of subparagraph 3 of paragraph b of
 subdivision 1 of section 4402 of the education law, as amended by  chap-
 ter 378 of the laws of 2007, is amended to read as follows:
   (i) Make recommendations based upon a written evaluation setting forth
 the  reasons for the recommendations, to the child's parent or person in
 parental relation and board of education or trustees as  to  appropriate
 educational  programs and placement in accordance with the provisions of
 subdivision six of section forty-four hundred one-a of this article, and
 as to the advisability of continuation, modification, or termination  of
 special  class or program placements which evaluation shall be furnished
 to the child's parent or person in parental relation together  with  the
 recommendations  provided,  however  that  the committee may recommend a
 placement in a school which uses psychotropic drugs only if such  school
 has  a  written  policy  pertaining  to such use that is consistent with
 subdivision four-a of section thirty-two hundred eight of  this  chapter
 and that the parent or person in parental relation is given such written
 policy  at  the time such recommendation is made. If such recommendation
 is not acceptable to the parent or person  in  parental  relation,  such
 parent  or person in parental relation may appeal such recommendation as
 provided for in section forty-four hundred four of this [chapter]  ARTI-
 CLE.  PROVIDED,  FURTHER,  THAT  IN A SCHOOL DISTRICT IN A CITY HAVING A
 POPULATION OF ONE MILLION OR MORE A PARENT'S APPEAL OF SUCH  RECOMMENDA-
 TION  SHALL  BE  RESOLVED,  EITHER THROUGH THE GRANTING OR DENIAL OF THE
 APPEAL BY AN IMPARTIAL HEARING OFFICER, OR BY A STATE REVIEW OFFICER, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05377-01-3

 S. 1993                             2
 
 THE SIGNING OF A SETTLEMENT AGREEMENT BETWEEN THE PARENT  OR  PERSON  IN
 PARENTAL  RELATION  AND THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT IN
 THE CITY HAVING A POPULATION OF ONE MILLION OR MORE OR A  STATE  AGENCY,
 WITHIN ANY APPLICABLE TIME PERIODS PRESCRIBED BY FEDERAL LAW.  PROVIDED,
 FURTHER,  THAT  NOTHING  IN  THIS  ITEM  SHALL BE DEEMED TO PROHIBIT ANY
 PARENT OR THE SCHOOL DISTRICT FROM SEEKING JUDICIAL REVIEW BY ANY  COURT
 OF COMPETENT JURISDICTION.
   UPON  THE  SIGNING OF A WRITTEN SETTLEMENT AGREEMENT BETWEEN A CHILD'S
 PARENT OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OF  THE
 SCHOOL  DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR
 A STATE AGENCY, OR THE DECISION, ORDER,  OR  JUDGMENT  OF  AN  IMPARTIAL
 HEARING  OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILAT-
 ERAL PARENTAL PLACEMENT WAS APPROPRIATE AND THAT TUITION PAYMENT  SHOULD
 BE  GRANTED  FOR  SUCH  UNILATERAL  PLACEMENT,  AS  PROVIDED  BY SECTION
 1412(A)(10)(C) OF TITLE 20 OF THE UNITED STATES CODE AND THE  IMPLEMENT-
 ING FEDERAL REGULATIONS, THE AMOUNT OF SUCH PAYMENT AND THE TIME LINE OR
 SCHEDULE  FOR MAKING SUCH PAYMENT SHALL BE SET FORTH IN ANY SUCH SETTLE-
 MENT OR DECISION, ORDER, OR JUDGMENT, AND SUCH PAYMENT SHALL BE MADE  IN
 STRICT ACCORDANCE WITH SUCH TIMELINE.
   §  2.  Section  4403  of  the education law is amended by adding a new
 subdivision 22 to read as follows:
   22. TO PROVIDE FOR A SPECIAL EDUCATION MONITOR IN A SCHOOL DISTRICT IN
 A CITY HAVING A POPULATION OF ONE  MILLION  OR  MORE  APPOINTED  BY  THE
 COMMISSIONER.  SUCH  SPECIAL  EDUCATION  MONITOR  SHALL  ENSURE THAT THE
 IMPLEMENTATION OF ANY SETTLEMENT, DECISION, ORDER, OR JUDGMENT, PURSUANT
 TO ITEM (I) OF CLAUSE (B) OF SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDI-
 VISION ONE OF SECTION FOURTY-FOUR HUNDRED TWO OF THIS ARTICLE, IS TIMELY
 IMPLEMENTED. SUCH SPECIAL  EDUCATION  MONITOR  SHALL  BE  EMPOWERED  AND
 DIRECTED  TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE SUCH TIMELY IMPLE-
 MENTATION, INCLUDING, BUT NOT LIMITED TO, REVIEWING, EVALUATING, EXAMIN-
 ING INTO, INSPECTING AND AUDITING SUCH DISTRICT'S  IMPLEMENTATION  POLI-
 CIES,  PROCEDURES, PRACTICES, PROTOCOLS, AND SYSTEMS, AND COMPELLING ANY
 CHANGES TO SUCH POLICIES, PROCEDURES, PRACTICES, PROTOCOLS, AND  SYSTEMS
 THAT  THE SPECIAL EDUCATION MONITOR DEEMS NECESSARY TO ENSURE COMPLIANCE
 WITH SUCH TIMELINE OR SCHEDULE. THE SPECIAL EDUCATION MONITOR  SHALL  BE
 EMPOWERED  TO  DIRECT  AND COMPEL SUCH DISTRICT TO IMPLEMENT IMMEDIATELY
 ANY SUCH SETTLEMENT, DECISION, ORDER OR JUDGEMENT IN ACCORDANCE WITH THE
 TIMELINES ESTABLISHED BY THIS ARTICLE. AND IT IS FURTHER  PROVIDED  THAT
 IF  SUCH  DISTRICT  FAILS  TO  MAKE  ANY PAYMENT AT THE DIRECTION OF THE
 SPECIAL EDUCATION MONITOR, THE COMMISSIONER SHALL, IN HIS  OR  HER  SOLE
 DISCRETION:  (A)  WITHHOLD  FROM  SUCH  DISTRICT ITS SHARE OF THE PUBLIC
 MONEY OF THE STATE PURSUANT TO SECTION THREE HUNDRED SIX OF  THIS  CHAP-
 TER;  (B)  WITHHOLD  FROM SUCH DISTRICT ALL OR A PORTION OF ITS SHARE OF
 FUNDS ALLOCATED TO IT PURSUANT TO 20 U.S.C. SECTIONS 1411  AND  1413  OF
 THE  INDIVIDUALS  WITH DISABILITIES ACT; (C) REPORT SUCH DISTRICT'S NON-
 COMPLIANCE TO THE UNITED STATES DEPARTMENT OF EDUCATION;  AND  (D)  TAKE
 ANY  OTHER  ACTION  THE  COMMISSIONER  DEEMS APPROPRIATE PURSUANT TO THE
 POWERS VESTED IN THE COMMISSIONER BY THIS CHAPTER.
   § 3. Paragraph a of subdivision 1 of section 4404 of the education law
 is amended by adding a new closing paragraph to read as follows:
   NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO  THE
 CONTRARY,  IN  A  SCHOOL  DISTRICT  IN A CITY HAVING A POPULATION OF ONE
 MILLION OR MORE, UPON THE SETTLEMENT OF AN IMPARTIAL HEARING  OR  APPEAL
 THEREFROM,  OR  UPON THE DECISION OF AN IMPARTIAL HEARING OFFICER, STATE
 REVIEW OFFICER OR A COURT FINDING THAT A UNILATERAL  PARENTAL  PLACEMENT
 WAS  APPROPRIATE  AND  THAT  TUITION  PAYMENT AND ANY OTHER SERVICES AND
 S. 1993                             3
 
 COSTS SHOULD BE GRANTED FOR SUCH UNILATERAL PLACEMENT,  SUCH  SETTLEMENT
 AGREEMENT,  DECISION,  ORDER OR JUDGMENT SHALL CONTINUE IN FUTURE YEARS,
 AT THE SAME PERCENTAGE OF THE TOTAL TUITION, SERVICES, AND COSTS AS  THE
 PREVIOUS YEAR'S PAYMENT, UNTIL THE COMMITTEE ON SPECIAL EDUCATION DETER-
 MINES THE CHILD'S NEEDS CAN BE MET IN ANOTHER PUBLIC OR APPROVED PRIVATE
 SCHOOL  PROGRAM AND REVISES THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM
 TO RECOMMEND SUCH PLACEMENT; PROVIDED HOWEVER THAT WHERE THE  PARENT  OR
 PERSON IN PARENTAL RELATION BRINGS A DUE PROCESS PROCEEDING TO CHALLENGE
 SUCH  REVISED  PLACEMENT,  THE  UNILATERAL  PARENTAL PLACEMENT FOR WHICH
 TUITION PAYMENT AND ANY OTHER SERVICES OR COSTS WERE GRANTED OR  SETTLED
 UPON,  SHALL  BE THE PENDENCY PLACEMENT, AS PROVIDED IN SUBDIVISION FOUR
 OF THIS SECTION.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments to clause (b) of subparagraph 3 of paragraph b of subdi-
 vision 1 of section 4402 of the education law, made by  section  one  of
 this  act,  shall  not  affect  the  expiration of such clause and shall
 expire therewith; provided, further, that the amendments to  subdivision
 1  of  section  4404 of the education law, made by section three of this
 act, shall not affect the  expiration  of  such  subdivision  and  shall
 expire therewith.

co-Sponsors

2023-S1993A (ACTIVE) - Details

Current Committee:: Senate Disabilities
Law Section:: Education Law
Laws Affected:: Amd §§4402, 4403 & 4404, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8536
2021-2022: S1988

2023-S1993A (ACTIVE) - Summary

Relates to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more.

2023-S1993A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1993A

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the education law, in relation to determinations of
appropriate educational programs for certain students in a school
district in a city having a population of one million or more

 
PURPOSE:

The purpose of this bill is to provide for a special education placement
process that will help ensure students with disabilities are placed in
the appropriate programs and receive resolution of their impartial due
process hearing and tuition reimbursement in a timely manner.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 4402 of the Education Law to require a parent
or person in parental relation appeal of a special education placement
recommendation by a school district in a city having a population of one
million or more to be resolved via settlement, or decision of the impar-

tial hearing officer, or by a state review officer, within any applica-
ble time periods prescribed by federal law. This provision would further
state that nothing contained within such provision would be deemed to
prohibit any parent or school district from seeking judicial review by
any court of competent jurisdiction.

It further provides that upon the signing of a written settlement agree-
ment between a child's parent or person in parental relation and the
board of education of a school district in a city having a population of
one million or more or a state agency, or the decision, order or judg-
ment of an impartial hearing officer, state review officer or a court
finding that a unilateral parental placement was appropriate and that
tuition payment should be granted for such unilateral placement, as
provided by U.S.C. 20 § 1412(a)(10)(c) and the implementing federal
regulations, the amount of such payment and the timeline or schedule for
making such payment shall be set forth in any such settlement or deci-
sion, order, or judgment. Failure to make such payment shall be a
violation of this subdivision.

Section 2 amends Section 4403 of the Education Law to impose up to nine
percent interest per annum accruing from the date on which the payment
is late.

Section 3 amends Section 4404 of the Education Law to require that in a
school district in a city having a population of one million or more
upon the decision of an impartial hearing officer, state review officer
or a court finding that a unilateral parental placement was appropriate
and that tuition payment should be granted for such unilateral place-
ment, such tuition payment shall continue in future years, at the same
percentage of the total tuition cost as the previous year's payment,
until the committee on special education determines the child's needs
can be met in another public or approved private school program and
revises the child's individualized education program to recommend such
placement; provided, however, that where the parent or person in
parental relation brings a due process proceeding to challenge such
revised placement. The unilateral parental placement for which tuition
payment was granted shall be the pendency placement.
Section 4 is the effective date.

 
JUSTIFICATION:

For a school district in a city having a population of one million or
more, this bill would provide for a special education placement process
that will help ensure students with disabilities are placed in the
appropriate programs, and receive resolution of their impartial due
process hearing and tuition reimbursement in a timely manner.

 
LEGISLATIVE HISTORY:

2021-2022: Senator Jackson/ AM Dickens S.1988-A - Amend and Recommit to
Disabilities/A.3795-A - Amend and Recommit to Education

2019-2020: Senator Jackson/ AM Dickens S.8536 - Referred to
Rules/A.10439 - Referred to Education

2013-2014: Senator Felder/ AM Weinstein S.7691 - Passed the
Senate/A.9938 - Ordered to Third Reading Rules Cal 502

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to clause (b) of subparagraph 3 of paragraph b of subdivision
1 of section 4402 of the education law, made by section one of this act,
shall not affect the expiration of such clause and shall expire there-
with; provided, further, that the amendments to subdivision 1 of section
4404 of the education law, made by section three of this act, shall not
affect the expiration of such subdivision and shall expire therewith.

2023-S1993A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1993--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  education law, in relation to determinations of
   appropriate educational programs for  certain  students  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. Item (i) of clause (b) of subparagraph 3 of paragraph b  of
 subdivision  1 of section 4402 of the education law, as amended by chap-
 ter 378 of the laws of 2007, is amended to read as follows:
   (i) Make recommendations based upon a written evaluation setting forth
 the reasons for the recommendations, to the child's parent or person  in
 parental  relation  and board of education or trustees as to appropriate
 educational programs and placement in accordance with the provisions  of
 subdivision six of section forty-four hundred one-a of this article, and
 as  to the advisability of continuation, modification, or termination of
 special class or program placements which evaluation shall be  furnished
 to  the  child's parent or person in parental relation together with the
 recommendations provided, however that the  committee  may  recommend  a
 placement  in a school which uses psychotropic drugs only if such school
 has a written policy pertaining to such  use  that  is  consistent  with
 subdivision  four-a  of section thirty-two hundred eight of this chapter
 and that the parent or person in parental relation is given such written
 policy at the time such recommendation is made. If  such  recommendation
 is  not  acceptable  to  the parent or person in parental relation, such
 parent or person in parental relation may appeal such recommendation  as
 provided  for in section forty-four hundred four of this [chapter] ARTI-
 CLE. PROVIDED, FURTHER, THAT IN A SCHOOL DISTRICT IN  A  CITY  HAVING  A
 POPULATION  OF  ONE MILLION OR MORE AN APPEAL BY THE PARENT OR PERSON IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05377-02-3

 S. 1993--A                          2
 
 PARENTAL RELATION OF  SUCH  RECOMMENDATION  SHALL  BE  RESOLVED,  EITHER
 THROUGH  THE  GRANTING  OR  DENIAL OF THE APPEAL BY AN IMPARTIAL HEARING
 OFFICER, OR BY A STATE REVIEW OFFICER, OR THE SIGNING  OF  A  SETTLEMENT
 AGREEMENT  BETWEEN  THE  PARENT  OR  PERSON IN PARENTAL RELATION AND THE
 BOARD OF EDUCATION OF THE SCHOOL DISTRICT IN THE  CITY  HAVING  A  POPU-
 LATION  OF  ONE MILLION OR MORE OR A STATE AGENCY, WITHIN ANY APPLICABLE
 TIME PERIODS PRESCRIBED BY FEDERAL LAW.  PROVIDED, FURTHER, THAT NOTHING
 IN THIS ITEM SHALL BE DEEMED TO PROHIBIT ANY PARENT, PERSON IN  PARENTAL
 RELATION OR SCHOOL DISTRICT FROM SEEKING JUDICIAL REVIEW BY ANY COURT OF
 COMPETENT JURISDICTION.
   UPON  THE  SIGNING OF A WRITTEN SETTLEMENT AGREEMENT BETWEEN A CHILD'S
 PARENT OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OF  THE
 SCHOOL  DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR
 A STATE AGENCY, OR THE DECISION, ORDER,  OR  JUDGMENT  OF  AN  IMPARTIAL
 HEARING  OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILAT-
 ERAL PARENTAL PLACEMENT WAS APPROPRIATE AND THAT TUITION PAYMENT  SHOULD
 BE  GRANTED  FOR  SUCH  UNILATERAL  PLACEMENT,  AS  PROVIDED  BY SECTION
 1412(A)(10)(C) OF TITLE 20 OF THE UNITED STATES CODE AND THE  IMPLEMENT-
 ING  FEDERAL REGULATIONS, THE AMOUNT OF SUCH PAYMENT AND THE TIMELINE OR
 SCHEDULE FOR MAKING SUCH PAYMENT SHALL BE SET FORTH IN ANY SUCH  SETTLE-
 MENT  OR DECISION, ORDER, OR JUDGMENT, AND SUCH PAYMENT SHALL BE MADE IN
 STRICT ACCORDANCE WITH SUCH TIMELINE.  A FAILURE BY SUCH BOARD OF EDUCA-
 TION TO MAKE SUCH PAYMENT IN STRICT ACCORDANCE WITH SUCH TIMELINE  SHALL
 BE A VIOLATION OF THIS SUBDIVISION.
   §  2.  Section  4403  of  the education law is amended by adding a new
 subdivision 22 to read as follows:
   22. THE COMMISSIONER SHALL  ENSURE  THAT  THE  IMPLEMENTATION  OF  ANY
 SETTLEMENT, DECISION, ORDER, OR JUDGMENT, PURSUANT TO ITEM (I) OF CLAUSE
 (B)  OF  SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION
 FORTY-FOUR HUNDRED TWO OF  THIS  ARTICLE,  IS  TIMELY  IMPLEMENTED.  THE
 COMMISSIONER  SHALL BE EMPOWERED TO TAKE ALL ACTIONS NECESSARY TO EFFEC-
 TUATE SUCH TIMELY IMPLEMENTATION, INCLUDING, BUT NOT LIMITED TO, DIRECT-
 ING AND COMPELLING SUCH  DISTRICT  TO  IMPLEMENT  IMMEDIATELY  ANY  SUCH
 SETTLEMENT, DECISION, ORDER OR JUDGMENT IN ACCORDANCE WITH THE TIMELINES
 ESTABLISHED  BY  THIS  ARTICLE.  AND IT IS FURTHER PROVIDED THAT IF SUCH
 DISTRICT FAILS TO TIMELY MAKE ANY PAYMENT REQUIRED BY  SUCH  SETTLEMENT,
 DECISION,  ORDER OR JUDGMENT, THE COMMISSIONER SHALL, IN HIS OR HER SOLE
 DISCRETION: (A) WITHHOLD FROM SUCH DISTRICT  ITS  SHARE  OF  THE  PUBLIC
 MONEY  OF  THE STATE PURSUANT TO SECTION THREE HUNDRED SIX OF THIS CHAP-
 TER; (B) WITHHOLD FROM SUCH DISTRICT ALL OR A PORTION OF  ITS  SHARE  OF
 FUNDS  ALLOCATED  TO  IT PURSUANT TO 20 U.S.C. SECTIONS 1411 AND 1413 OF
 THE INDIVIDUALS WITH DISABILITIES ACT; (C) IMPOSE  UP  TO  NINE  PERCENT
 INTEREST  PER  ANNUM  ACCRUING  FROM  THE  DATE ON WHICH PAYMENT OF SUCH
 SETTLEMENT, DECISION, ORDER OR JUDGMENT IS LATE AND CONTINUING UNTIL  IT
 IS  FULLY  PAID,  WHICH  SHALL  BE  PAYABLE  TO  THE PARENT OR PERSON IN
 PARENTAL RELATION; (D) REPORT  SUCH  DISTRICT'S  NON-COMPLIANCE  TO  THE
 UNITED  STATES DEPARTMENT OF EDUCATION; AND/OR (E) TAKE ANY OTHER ACTION
 THE COMMISSIONER DEEMS APPROPRIATE PURSUANT TO THE POWERS VESTED IN  THE
 COMMISSIONER BY THIS CHAPTER.
   § 3. Paragraph a of subdivision 1 of section 4404 of the education law
 is amended by adding a new closing paragraph to read as follows:
   NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO THE
 CONTRARY, IN A SCHOOL DISTRICT IN A CITY  HAVING  A  POPULATION  OF  ONE
 MILLION  OR  MORE, UPON THE SETTLEMENT OF AN IMPARTIAL HEARING OR APPEAL
 THEREFROM, OR UPON THE DECISION OF AN IMPARTIAL HEARING  OFFICER,  STATE
 REVIEW  OFFICER  OR A COURT FINDING THAT A UNILATERAL PARENTAL PLACEMENT
 S. 1993--A                          3

 WAS APPROPRIATE AND THAT TUITION PAYMENT  AND  ANY  OTHER  SERVICES  AND
 COSTS  SHOULD  BE GRANTED FOR SUCH UNILATERAL PLACEMENT, SUCH SETTLEMENT
 AGREEMENT, DECISION, ORDER OR JUDGMENT SHALL CONTINUE IN  FUTURE  YEARS,
 AT  THE SAME PERCENTAGE OF THE TOTAL TUITION, SERVICES, AND COSTS AS THE
 PREVIOUS YEAR'S PAYMENT, UNTIL THE COMMITTEE ON SPECIAL EDUCATION DETER-
 MINES THE CHILD'S NEEDS CAN BE MET IN ANOTHER PUBLIC OR APPROVED PRIVATE
 SCHOOL PROGRAM AND REVISES THE CHILD'S INDIVIDUALIZED EDUCATION  PROGRAM
 TO  RECOMMEND  SUCH PLACEMENT; PROVIDED HOWEVER THAT WHERE THE PARENT OR
 PERSON IN PARENTAL RELATION BRINGS A DUE PROCESS PROCEEDING TO CHALLENGE
 SUCH REVISED PLACEMENT, THE  UNILATERAL  PARENTAL  PLACEMENT  FOR  WHICH
 TUITION  PAYMENT AND ANY OTHER SERVICES OR COSTS WERE GRANTED OR SETTLED
 UPON, SHALL BE THE PENDENCY PLACEMENT, AS PROVIDED IN  SUBDIVISION  FOUR
 OF THIS SECTION.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to clause (b) of subparagraph 3 of paragraph b of  subdi-
 vision  1  of  section 4402 of the education law, made by section one of
 this act, shall not affect the  expiration  of  such  clause  and  shall
 expire  therewith; provided, further, that the amendments to subdivision
 1 of section 4404 of the education law, made by section  three  of  this
 act,  shall  not  affect  the  expiration  of such subdivision and shall
 expire therewith.

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