Senate Bill S4041A

Signed By Governor
2023-2024 Legislative Session

Relates to replacing certain instances of the words handicapping conditions with disabilities

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Sponsored By

Current Bill Status - Signed by Governor


  • 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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Bill Amendments

co-Sponsors

2023-S4041 - Details

See Assembly Version of this Bill:
A7258
Law Section:
Education Law
Laws Affected:
Amd Ed L, generally
Versions Introduced in Other Legislative Sessions:
2019-2020: S7650, A10020
2021-2022: S1057, A4104

2023-S4041 - Summary

Replaces certain instances of the words handicapping conditions with disabilities in relation to children with such disabilities.

2023-S4041 - Sponsor Memo

2023-S4041 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4041
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER,  GOUNARDES,  JACKSON, LIU, MANNION -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Education
 
 AN  ACT  to  amend the education law, in relation to replacing the words
   handicapping conditions with the word disabilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The article heading of article 89 of the education law, as
 added by chapter 853 of the laws of 1976, is amended to read as follows:
           CHILDREN WITH [HANDICAPPING CONDITIONS] DISABILITIES
   § 2. The section heading and subdivision 2  of  section  4404  of  the
 education law, as amended by chapter 53 of the laws of 1990, are amended
 to read as follows:
   Appeal procedures for children with [handicapping conditions] DISABIL-
 ITIES.
   2.  Review  by  state  review  officer.  A state review officer of the
 education department shall review and may modify, in such cases  and  to
 the extent that the review officer deems necessary, in order to properly
 effectuate the purposes of this article, any determination of the impar-
 tial  hearing  officer  relating to the determination of the nature of a
 child's [handicapping condition] DISABILITY, selection of an appropriate
 special education program or service and the  failure  to  provide  such
 program  and  require  such  board to comply with the provisions of such
 modification.  The commissioner shall adopt  regulations  governing  the
 practice  and  procedure  in  such  appeals to the state review officer;
 provided, however, that in no event shall any fee or  charge  whatsoever
 be  imposed for any appeal taken pursuant to this subdivision. The state
 review officer is empowered to make  all  orders  which  are  proper  or
 necessary to give effect to the decision of the review officer.
   §  3.  The section heading, the opening paragraph of subdivision 1 and
 subdivisions 2, 3 and 5 of  section  4405  of  the  education  law,  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08394-01-3
              

co-Sponsors

2023-S4041A (ACTIVE) - Details

See Assembly Version of this Bill:
A7258
Law Section:
Education Law
Laws Affected:
Amd Ed L, generally
Versions Introduced in Other Legislative Sessions:
2019-2020: S7650, A10020
2021-2022: S1057, A4104

2023-S4041A (ACTIVE) - Summary

Replaces certain instances of the words handicapping conditions with disabilities in relation to children with such disabilities.

2023-S4041A (ACTIVE) - Sponsor Memo

2023-S4041A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4041--A
     Cal. No. 406
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER,  GOUNARDES,  JACKSON, LIU, MANNION -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Education  --  reported  favorably from said committee,
   ordered to first and second report, ordered to a third reading, passed
   by Senate and delivered to the Assembly, recalled, vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 AN ACT to amend the education law, in relation to  replacing  the  words
   handicapping conditions with the word disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 89 of the education law,  as
 added by chapter 853 of the laws of 1976, is amended to read as follows:
           CHILDREN WITH [HANDICAPPING CONDITIONS] DISABILITIES
   § 2. Subdivisions 3 and 4 of section 4401 of the education law, subdi-
 vision 3 as amended by chapter 563 of the laws of 1980 and subdivision 4
 as  amended  by  chapter 367 of the laws of 1979, are amended to read as
 follows:
   3. "Maintenance". For purposes of  this  article  "maintenance"  shall
 mean the amount charged for room and board and allocable debt service as
 determined  by  the  commissioner for the living unit of the residential
 facility by a residential school and such  reasonable  medical  expenses
 actually and necessarily incurred by a [handicapped] child WITH DISABIL-
 ITIES  while  actually  in  attendance at a residential school, provided
 that such medical expenses shall be for diagnostic,  evaluative,  educa-
 tionally  related, and emergency care services as defined by regulations
 of the commissioner.   Such amount, which  shall  not  include  expenses
 which are otherwise reimbursable to a residential facility by a federal,
 state  or  local agency, shall be approved by the commissioner of social
 services and the director of the division of the budget and shall not be
 otherwise payable or reimbursable.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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