NY State Senate Bill 2023-S757A

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
Mar 22, 2023	print number 757a
Mar 22, 2023	amend and recommit to disabilities
Jan 06, 2023	referred to disabilities

Bill Amendments

Original

A (Active)

2023-S757 - Details

See Assembly Version of this Bill:: A2030
Current Committee:: Senate Disabilities
Law Section:: Education Law
Laws Affected:: Amd §4404, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S7158, A6576

2023-S757 - Summary

Relates to pendency placements in a school district in a city having a population of one million or more.

2023-S757 - Sponsor Memo

                                 
BILL NUMBER: S757

SPONSOR: LIU
 
TITLE OF BILL:

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

 
PURPOSE OF THE BILL:

To ensure that there is no lapse in education and support for students
of families who would have difficulty transferring special education
programs.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the Education Law to provide that in New
York City, the school identified in a settlement agreement between the
school district and parents as the proper placement for a child with
special education needs shall be presumed to be the pendency placement
until there is a pendency changing event, as defined in the bill.

Pendency payments for tuition shall be made prospectively and shall
continue uninterrupted while any appeal is pending. If the child is
moved into a program offered by the school district or the child is no
longer entitled to receive the special education services the child had
been receiving from the non-public school, the child's parents shall not
be required to repay any tuition reimbursement received prior to such
change, provided the cost of such services that would have been provided
by the school district had the child been attending public school is the
same or greater than the cost of the services that were provided by the
non-public school. The bill also amends the Education Law to provide
that where a claim for tuition for 2019 or earlier remains pending and
timely, the New York City school district shall make reasonable efforts
to finalize a settlement. Any settlement for tuition shall include a
schedule for payments, which shall begin no later than sixty days after
the settlement is executed or documentation necessary for payment has
been received and shall be completed within sixty days of the receipt of
any documentation necessary for payment.

Section 2 of this bill sets forth the effective date.

 
JUSTIFICATION:

Under current state law, the school placement of a child with special
educational needs remains in place during the review of such placement,
such as by an impartial hearing officer or a state review officer. This
is called the "pendency placement." This ensures that the child and
their parents have the security of knowing that they will remain in the
same school placement until there is a determination or new agreement
that changes the placement of the child. This bill simply equitably
extends this same security and protection to children whose school
placement has been agreed upon in a settlement agreement between the New
York City school district and the parents, by providing that once a
settlement agreement between the district and the parents has agreed
upon the proper school for placement of the child, that placement shall
remain in place as the pendency placement until there Is a pendency
changing event which changes the child's school placement. This will
enable children to remain in the school agreed upon in a settlement
agreement and for the parents to continue to receive uninterrupted
tuition reimbursement for such placement unless and until that placement
is changed.

 
PRIOR LEGISLATIVE HISTORY:

05/25/22 AMEND AND RECOMMIT TO DISABILITIES

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None for the state. Local governments will save money and benefit finan-
cially.

2023-S757 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    757
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  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 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.
                                                            LBD00163-01-3
 S. 757                              2

 
   B. WHERE A CLAIM FOR TUITION FOR A SCHOOL YEAR COMMENCING IN TWO THOU-
 SAND  TWENTY  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 September 1, 2023.

2023-S757A (ACTIVE) - Details

See Assembly Version of this Bill:: A2030
Current Committee:: Senate Disabilities
Law Section:: Education Law
Laws Affected:: Amd §4404, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S7158, A6576

2023-S757A (ACTIVE) - Summary

Relates to pendency placements in a school district in a city having a population of one million or more.

2023-S757A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S757A

SPONSOR: LIU
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that there is no lapse in education and support for students
of families who would have difficulty transferring special education
programs.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the Education Law to provide that in New
York City, the school identified in a settlement agreement between the
school district and parents as the proper placement for a child with
special education needs shall be presumed to be the pendency placement
until there is a pendency changing event, as defined in the bill.
Pendency payments for tuition shall be made prospectively and shall

continue uninterrupted while any appeal is pending. Pendency payments
for tuition shall be at the tuition cost of the previous year's
payments. The bill also amends the Education Law to provide that where a
claim for tuition for 2021 or earlier remains pending and timely, the
New York City school district shall make reasonable efforts to finalize
a settlement. Any settlement for tuition shall include a schedule for
payments, which shall begin no later than sixty days after the settle-
ment is executed or documentation necessary for payment has been
received and shall be completed within sixty days of the receipt of any
documentation necessary for payment.

Section 2 of this bill sets forth the effective date.

 
JUSTIFICATION:

Under current state law, the school placement of a child with special
educational needs remain in place during the review of such placement,
such as by an impartial hearing officer or a state review officer. This
is called the "pendency placement." This ensures that the child and
their parents have the security of knowing that they will remain in the
same school placement until there is a determination or new agreement
that changes the placement of the child. This bill simply equitably
extends this same security and protection to children whose school
placement has been agreed upon in a settlement agreement between the New
York City school district and the parents, by providing that once a
settlement agreement between the district and the parents has agreed
upon the proper school for placement of the child, that placement shall
remain in place as the pendency placement until there is a pendency
changing event which changes the child's school placement. This will
enable children to remain in the school agreed upon in a settlement
agreement and for the parents to continue to receive uninterrupted
tuition reimbursement for such placement unless and until that placement
is changed.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S7158 AMEND AND RECOMMIT TO DISABILITIES
 
FISCAL IMPLICATIONS:

None for the state. Local governments will save money and benefit finan-
cially.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2023-S757A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  757--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00163-04-3
 S. 757--A                           2

 
 PROVIDED  FOR  IN SUBDIVISION FOUR OF THIS SECTION, SHALL CONTINUE UNIN-
 TERRUPTED WHILE THE APPEAL IS PENDING.
   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.

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Senate Bill S757A

Sponsored By

Current Bill Status - In Senate Committee Disabilities Committee

Bill Amendments

2023-S757 - Details

2023-S757 - Summary

2023-S757 - Sponsor Memo

2023-S757 - Bill Text download pdf

2023-S757A (ACTIVE) - Details

2023-S757A (ACTIVE) - Summary

2023-S757A (ACTIVE) - Sponsor Memo

2023-S757A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S757A

Share this bill

Sponsored By

John C. Liu

Current Bill Status - In Senate Committee Disabilities Committee

Bill Amendments

2023-S757 - Details

2023-S757 - Summary

2023-S757 - Sponsor Memo

2023-S757 - Bill Text download pdf

2023-S757A (ACTIVE) - Details

2023-S757A (ACTIVE) - Summary

2023-S757A (ACTIVE) - Sponsor Memo

2023-S757A (ACTIVE) - Bill Text download pdf

Comments