S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3950
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in  relation  to  the  submission  of
   requests  to  the  committee  on special education for the educational
   services mandated by an individualized education services program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3602-c of the education law is amended by adding a
 new subdivision 2-d to read as follows:
   2-D. A. NOTWITHSTANDING ANY PROVISION TO THE  CONTRARY,  FOR  THE  TWO
 THOUSAND  TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, A PARENT OR
 PERSON IN PARENTAL RELATION TO A STUDENT WITH A DISABILITY  ATTENDING  A
 NONPUBLIC  SCHOOL SHALL HAVE UNTIL APRIL FIRST, TWO THOUSAND TWENTY-FIVE
 TO SUBMIT A REQUEST TO THE COMMITTEE ON SPECIAL EDUCATION OF THE  SCHOOL
 DISTRICT  OF  LOCATION FOR THE EDUCATIONAL SERVICES MANDATED BY AN INDI-
 VIDUALIZED EDUCATION SERVICES PROGRAM FOR THE STUDENT.
   B. FOR PURPOSES OF THIS SUBDIVISION, "PROCEDURAL GROUNDS"  SHALL  MEAN
 ADMINISTRATIVE  OR PROCEDURAL ERRORS IN THE APPLICATION PROCESS, INCLUD-
 ING, BUT NOT LIMITED TO, FAILURE TO MEET  SUBMISSION  DEADLINES,  INCOM-
 PLETE  DOCUMENTATION, OR OTHER TECHNICAL ERRORS, AND NOT THE SUBSTANTIVE
 ELIGIBILITY OR NEEDS OF THE STUDENT.
   C. WITHIN FOURTEEN DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
 COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT OF LOCATION  SHALL
 PROVIDE  WRITTEN NOTICE TO EACH PARENT OR PERSON IN PARENTAL RELATION TO
 A STUDENT WITH A DISABILITY ATTENDING A NONPUBLIC SCHOOL LOCATED IN SUCH
 DISTRICT WHOSE REQUEST FOR SERVICES FOR THE TWO  THOUSAND  TWENTY-FOUR--
 TWO  THOUSAND  TWENTY-FIVE  SCHOOL YEAR WAS DENIED ON PROCEDURAL GROUNDS
 PRIOR TO THE EFFECTIVE DATE  OF  THIS  SUBDIVISION.  SUCH  NOTICE  SHALL
 AFFORD  SUCH PARENT OR PERSON IN PARENTAL RELATION A REASONABLE OPPORTU-
 NITY TO CURE THE PROCEDURAL DEFICIENCIES. SUCH NOTICE SHALL INCLUDE:
   (1) IDENTIFICATION OF ALL DEFICIENCIES IN THE ORIGINAL APPLICATION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03202-02-5
              

 A. 3950                             2
 
   (2) A DESCRIPTION OF THE STEPS NECESSARY TO REMEDY SUCH  DEFICIENCIES;
 AND
   (3)  INFORMATION  REGARDING THE EXTENDED SUBMISSION DEADLINE SET FORTH
 IN PARAGRAPH A OF THIS SUBDIVISION.
   D. SERVICES REQUESTED PURSUANT TO THIS SECTION FOR  THE  TWO  THOUSAND
 TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE SCHOOL YEARS SHALL BE AUTHORIZED
 BY THE COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT OF LOCATION
 WITHIN FOURTEEN DAYS OF RECEIPT OF A PROCEDURALLY SUFFICIENT APPLICATION
 AS DETERMINED BY THE COMMITTEE  ON  SPECIAL  EDUCATION  OF  SUCH  SCHOOL
 DISTRICT.
   E.  SERVICES  REQUESTED  FOR  A  STUDENT WITH A DISABILITY FOR THE TWO
 THOUSAND TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE  SCHOOL  YEAR  WHO  HAS
 PREVIOUSLY  BEEN THE SUBJECT OF A DUE PROCESS HEARING REGARDING THE RATE
 FOR SUCH SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED  FOUR  OF  THIS
 CHAPTER,  SHALL BE AUTHORIZED AT THE HOURLY RATE ESTABLISHED IN THE MOST
 RECENT PRIOR DUE PROCESS DETERMINATION WITHOUT REQUIRING THE  PARENT  OR
 PERSON  IN  PARENTAL  RELATION TO INITIATE A NEW DUE PROCESS PROCEEDING.
 SUCH ENHANCED RATE SHALL BE  AUTHORIZED  BY  THE  COMMITTEE  ON  SPECIAL
 EDUCATION  OF  THE  SCHOOL  DISTRICT OF LOCATION WITHIN FOURTEEN DAYS OF
 RECEIPT OF A REQUEST DEMONSTRATING THE PRIOR DETERMINATION AND ELIGIBIL-
 ITY FOR SERVICES. PARENTS OR PERSONS IN PARENTAL RELATION TO  A  STUDENT
 WITH  A  DISABILITY  MAY  INITIATE A NEW DUE PROCESS HEARING PURSUANT TO
 SECTION FORTY-FOUR HUNDRED FOUR OF THIS CHAPTER IF THEY DEEM THE  PREVI-
 OUS RATE NO LONGER ACCEPTABLE OR WISH TO ADJUDICATE OTHER ISSUES RELATED
 TO THE STUDENT'S NEEDS, SERVICES OR ELIGIBILITY.
   F.  PARENTS  OR PERSONS IN PARENTAL RELATION TO A STUDENT WITH A DISA-
 BILITY WHO WAS OTHERWISE ELIGIBLE TO RECEIVE SPECIAL EDUCATION  SERVICES
 BUT WAS DENIED PROVISION OF SUCH SERVICES ON PROCEDURAL GROUNDS, AND WHO
 THEREAFTER  SUBMITTED  A  REQUEST PURSUANT TO THIS SUBDIVISION, SHALL BE
 ENTITLED TO PAYMENT FOR COSTS INCURRED IN OBTAINING EQUIVALENT  SERVICES
 THROUGH  OTHER MEANS. SUCH PAYMENT SHALL NOT EXCEED THE COST OF SERVICES
 FOR WHICH THE STUDENT WAS PREVIOUSLY DETERMINED TO BE ELIGIBLE,  AT  THE
 RATE DETERMINED BY THE SCHOOL DISTRICT OF LOCATION OR AT THE RATE DETER-
 MINED  BY  AN  IMPARTIAL  HEARING  OFFICER APPOINTED PURSUANT TO SECTION
 FORTY-FOUR HUNDRED FOUR OF THIS CHAPTER, WHICHEVER RATE  IS  HIGHER.  IF
 THE  STUDENT WAS PREVIOUSLY THE SUBJECT OF A DUE PROCESS HEARING REGARD-
 ING THE RATE FOR EQUIVALENT SERVICES, THE  HOURLY  RATE  ESTABLISHED  IN
 THAT  HEARING  SHALL  APPLY  FOR  PURPOSES OF THIS PROVISION. CLAIMS FOR
 PAYMENT MUST BE FILED WITHIN TWO YEARS OF THE END OF THE SCHOOL YEAR FOR
 WHICH THE COSTS WERE INCURRED OR WITHIN TWO YEARS OF THE EFFECTIVE  DATE
 OF  THIS  SUBDIVISION,  WHICHEVER DATE IS LATER. CLAIMS SHALL BE ADJUDI-
 CATED BY AN IMPARTIAL HEARING  OFFICER  APPOINTED  PURSUANT  TO  SECTION
 FORTY-FOUR  HUNDRED  FOUR  OF  THIS  CHAPTER AND MUST INCLUDE SUFFICIENT
 DOCUMENTATION TO DEMONSTRATE THE STUDENT'S ELIGIBILITY FOR SERVICES  AND
 THE  COSTS  INCURRED.  PAYMENTS UNDER THIS PARAGRAPH SHALL ONLY APPLY TO
 COSTS INCURRED DURING THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND  TWEN-
 TY-FOUR  AND  TWO  THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEARS.
   G. PARENTS OR PERSONS IN PARENTAL RELATION TO A STUDENT WITH  A  DISA-
 BILITY  WHO WAS OTHERWISE ELIGIBLE TO RECEIVE SPECIAL EDUCATION SERVICES
 BUT WAS DENIED PROVISION OF SUCH SERVICES ON PROCEDURAL GROUNDS, AND WHO
 WERE UNABLE TO FULLY OBTAIN SUCH SERVICES THROUGH OTHER MEANS, MAY  SEEK
 COMPENSATORY  SERVICES  AS  A  REMEDY FOR THE HARM CAUSED BY THE LACK OF
 SERVICES. CLAIMS FOR COMPENSATORY SERVICES  MUST  BE  FILED  WITHIN  TWO
 YEARS  OF  THE END OF THE SCHOOL YEAR FOR WHICH THE SERVICES WERE DENIED
 OR WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, WHICHEVER
 A. 3950                             3
 
 DATE IS LATER. CLAIMS SHALL BE ADJUDICATED BY AN IMPARTIAL HEARING OFFI-
 CER APPOINTED PURSUANT TO SECTION FORTY-FOUR HUNDRED FOUR OF THIS  CHAP-
 TER  AND  MUST  INCLUDE  SUFFICIENT  DOCUMENTATION  TO  DEMONSTRATE  THE
 STUDENT'S ELIGIBILITY FOR COMPENSATORY SERVICES.
   H. UPON APPROVAL OF A CLAIM FOR COMPENSATORY SERVICES PURSUANT TO THIS
 SUBDIVISION,  THE  COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT
 OF LOCATION SHALL REVIEW THE STUDENT'S NEEDS AND DEVELOP AN  INDIVIDUAL-
 IZED  EDUCATION  SERVICE  PROGRAM  THAT  INCORPORATES  THE  COMPENSATORY
 SERVICES.   IF THE STUDENT  HAS  AN  EXISTING  INDIVIDUALIZED  EDUCATION
 SERVICE  PROGRAM,  THE  COMMITTEE  ON  SPECIAL EDUCATION SHALL AMEND THE
 INDIVIDUALIZED EDUCATION SERVICE PROGRAM  TO  INCLUDE  THE  COMPENSATORY
 SERVICES,  UNLESS  AND  UNTIL A NEW EVALUATION OR REVIEW DETERMINES THAT
 FURTHER AMENDMENTS ARE NECESSARY. THE  COMPENSATORY  SERVICES  SHALL  BE
 PROVIDED  DURING  THE SCHOOL YEAR FOR WHICH THE HARM OCCURRED AND DURING
 SUBSEQUENT SCHOOL YEARS. THE COMMITTEE ON SPECIAL EDUCATION SHALL NOTIFY
 THE PARENT OR PERSON IN PARENTAL RELATION  OF  THE  APPROVAL  AND  INTE-
 GRATION  OF  COMPENSATORY  SERVICES  INTO  THE  INDIVIDUALIZED EDUCATION
 SERVICE PROGRAM AND PROVIDE A DETAILED DESCRIPTION OF HOW AND  WHEN  THE
 SERVICES WILL BE DELIVERED.
   I.  NO SERVICES PROVIDED PURSUANT TO THIS SECTION SHALL BE CONDITIONED
 UPON THE WAIVER OF ANY PROCEDURAL SAFEGUARDS AVAILABLE PURSUANT TO:  (I)
 THIS  ARTICLE;  (II)  ARTICLE  EIGHTY-NINE OF THIS CHAPTER; OR (III) ANY
 OTHER OR APPLICABLE STATE AND FEDERAL LAW. ANY AGREEMENT  THAT  PURPORTS
 TO  WAIVE SUCH SAFEGUARDS IN VIOLATION OF THIS PARAGRAPH SHALL BE DEEMED
 VOID AS A MATTER OF PUBLIC POLICY.
   J. WITHIN FOURTEEN DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
 COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT OF LOCATION  SHALL
 PROVIDE WRITTEN NOTICE TO ALL PARENTS OR PERSONS IN PARENTAL RELATION TO
 STUDENTS  WITH  DISABILITIES  ATTENDING  NONPUBLIC  SCHOOLS  WITHIN SUCH
 DISTRICT REGARDING THE  PROVISIONS  OF  THIS  SUBDIVISION.  SUCH  NOTICE
 SHALL:
   (1)  BE  PROVIDED  IN  THE  NATIVE LANGUAGE OF THE PARENT OR PERSON IN
 PARENTAL RELATION;
   (2) INCLUDE A DESCRIPTION OF  THE  EXTENDED  DEADLINE  FOR  REQUESTING
 SERVICES PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION;
   (3)  INCLUDE A DESCRIPTION OF THE ELIGIBILITY CRITERIA AND PROCESS FOR
 SEEKING PAYMENT FOR COSTS  INCURRED  IN  OBTAINING  EQUIVALENT  SERVICES
 UNDER  PARAGRAPH  F  OF  THIS  SUBDIVISION,  INCLUDING THE DOCUMENTATION
 REQUIRED TO DEMONSTRATE ELIGIBILITY AND COSTS INCURRED;
   (4) INCLUDE A DESCRIPTION OF THE ELIGIBILITY CRITERIA AND PROCESS  FOR
 SEEKING  COMPENSATORY  SERVICES  UNDER  PARAGRAPH G OF THIS SUBDIVISION,
 INCLUDING THE DOCUMENTATION REQUIRED  TO  DEMONSTRATE  ELIGIBILITY,  THE
 PROCESS  FOR  ADJUDICATION  BY AN IMPARTIAL HEARING OFFICER, AND DETAILS
 ABOUT HOW APPROVED COMPENSATORY SERVICES WILL BE INCORPORATED  INTO  THE
 INDIVIDUALIZED EDUCATION SERVICE PROGRAM; AND
   (5)  INCLUDE  AN  EXPLANATION  OF  THE PROCEDURAL SAFEGUARDS AVAILABLE
 UNDER PARAGRAPH I OF THIS SUBDIVISION, WITH A CLEAR  STATEMENT  THAT  NO
 SERVICES  PROVIDED  UNDER THIS SUBDIVISION SHALL BE CONDITIONED UPON THE
 WAIVER OF SUCH SAFEGUARDS AND THAT ANY  AGREEMENT  PURPORTING  TO  WAIVE
 SUCH SAFEGUARDS IS VOID AS A MATTER OF PUBLIC POLICY.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3950--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M. of A. PHEFFER AMATO, WEPRIN -- read once and referred
   to the Committee on Education -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  education law, in relation to the submission of
   requests to the committee on special  education  for  the  educational
   services mandated by an individualized education services program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3602-c of the education law is  amended  by  adding
 two new subdivisions 2-d and 2-e  to read as follows:
   2-D. A. FOR EDUCATION PROVIDED TO STUDENTS WITH DISABILITIES BEGINNING
 IN  THE  TWO  THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR
 AND EACH SCHOOL YEAR THEREAFTER, THE SCHOOL DISTRICT OF  LOCATION  SHALL
 ANNUALLY  PROVIDE  WRITTEN  NOTICE TO ALL PARENTS OR PERSONS IN PARENTAL
 RELATION TO STUDENTS WITH DISABILITIES ATTENDING NONPUBLIC SCHOOLS WITH-
 IN THEIR DISTRICT REGARDING THE PROCESS FOR REQUESTING SPECIAL EDUCATION
 SERVICES. SUCH NOTICE SHALL: (I) BE PROVIDED IN THE NATIVE  LANGUAGE  OF
 THE  PARENT  OR  PERSON  IN PARENTAL RELATION; (II) BE PROVIDED AT LEAST
 TWENTY-EIGHT DAYS BEFORE ANY DEADLINES BY  WHICH  REQUESTS  FOR  SPECIAL
 EDUCATION  SERVICES  MUST  BE  SUBMITTED; (III) SPECIFY ALL DEADLINES BY
 WHICH REQUESTS FOR SPECIAL EDUCATION SERVICES MUST  BE  SUBMITTED;  (IV)
 CLEARLY  DESCRIBE THE PROCEDURES FOR SUBMITTING SUCH REQUESTS AND DETAIL
 ANY REQUIRED DOCUMENTATION; AND  (V)  PROVIDE  CONTACT  INFORMATION  FOR
 OBTAINING ADDITIONAL INFORMATION OR ASSISTANCE REGARDING THE APPLICATION
 PROCESS.
   B.  IN CASES WHERE PARENTS OR PERSONS IN PARENTAL RELATION RECEIVE THE
 NOTICE PURSUANT TO THIS SUBDIVISION AFTER MAY FIRST PRECEDING THE  RELE-
 VANT  SCHOOL  YEAR, ANY REQUEST FOR SPECIAL EDUCATION SERVICES SUBMITTED
 WITHIN TWENTY-EIGHT DAYS AFTER RECEIPT OF SUCH NOTICE  SHALL  BE  DEEMED
 TIMELY FOR THAT SAME SCHOOL YEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03202-06-5
 A. 3950--A                          2
              

 
   C.  NO SERVICES PROVIDED PURSUANT TO THIS SECTION SHALL BE CONDITIONED
 UPON THE WAIVER OF ANY PROCEDURAL SAFEGUARDS AVAILABLE PURSUANT TO:  (I)
 THIS  ARTICLE;  (II)  ARTICLE  EIGHTY-NINE OF THIS CHAPTER; OR (III) ANY
 OTHER APPLICABLE STATE OR FEDERAL LAW. ANY AGREEMENT PURPORTING TO WAIVE
 SUCH SAFEGUARDS SHALL BE DEEMED VOID AS A MATTER OF PUBLIC POLICY.
   2-E.  A.  THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY SOLELY TO ANY
 CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
 MORE  INHABITANTS,  FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWEN-
 TY-FIVE SCHOOL YEAR.
   B. FOR PURPOSES OF THIS SUBDIVISION, "PROCEDURAL GROUNDS"  SHALL  MEAN
 ADMINISTRATIVE  OR PROCEDURAL ERRORS IN THE APPLICATION PROCESS, INCLUD-
 ING, BUT NOT LIMITED TO, FAILURE TO MEET  SUBMISSION  DEADLINES,  INCOM-
 PLETE DOCUMENTATION, OR OTHER TECHNICAL ERRORS, AND SHALL NOT PERTAIN TO
 SUBSTANTIVE DETERMINATIONS REGARDING THE STUDENT'S ELIGIBILITY OR EDUCA-
 TIONAL NEEDS.
   C. WITHIN TWENTY-EIGHT DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION,
 THE  COMMITTEE  ON  SPECIAL EDUCATION OF THE SCHOOL DISTRICT OF LOCATION
 SHALL PROVIDE WRITTEN NOTICE  TO  EACH  PARENT  OR  PERSON  IN  PARENTAL
 RELATION  TO  A  STUDENT  WITH A DISABILITY ATTENDING A NONPUBLIC SCHOOL
 LOCATED WITHIN SUCH DISTRICT WHO EITHER (I) DID NOT SUBMIT A REQUEST FOR
 SERVICES FOR THE  TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE
 SCHOOL  YEAR OR (II) WHOSE REQUEST FOR SERVICES WAS DENIED ON PROCEDURAL
 GROUNDS PRIOR TO THE EFFECTIVE DATE OF  THIS  SUBDIVISION.  SUCH  NOTICE
 SHALL  CLEARLY DESCRIBE THE OPPORTUNITY TO SUBMIT A REQUEST FOR SERVICES
 PURSUANT TO SUBDIVISION TWO-D OF THIS SECTION AND PROVIDE  A  REASONABLE
 OPPORTUNITY  TO CURE ANY PROCEDURAL DEFICIENCIES IN A PREVIOUSLY SUBMIT-
 TED REQUEST.
   D. PARENTS OR PERSONS IN PARENTAL RELATION TO A STUDENT WITH  A  DISA-
 BILITY  WHO WAS OTHERWISE ELIGIBLE TO RECEIVE SPECIAL EDUCATION SERVICES
 BUT WAS DENIED PROVISION OF SUCH SERVICES ON PROCEDURAL GROUNDS MAY SEEK
 COMPENSATORY SERVICES AS A REMEDY FOR THE HARM CAUSED  BY  THE  LACK  OF
 SERVICES. CLAIMS FOR COMPENSATORY SERVICES MUST BE FILED WITHIN ONE-YEAR
 OF  THE  END  OF  THE  SCHOOL YEAR FOR WHICH THE SERVICES WERE DENIED OR
 WITHIN ONE-YEAR OF THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,  WHICHEVER
 DATE IS LATER. CLAIMS SHALL BE ADJUDICATED BY AN IMPARTIAL HEARING OFFI-
 CER  APPOINTED PURSUANT TO SECTION FORTY-FOUR HUNDRED FOUR OF THIS CHAP-
 TER AND  SHALL  INCLUDE  SUFFICIENT  DOCUMENTATION  TO  DEMONSTRATE  THE
 STUDENT'S ELIGIBILITY FOR COMPENSATORY SERVICES.
   E. UPON APPROVAL OF A CLAIM FOR COMPENSATORY SERVICES PURSUANT TO THIS
 SUBDIVISION,  THE  COMMITTEE  ON  SPECIAL  EDUCATION  SHALL  REVIEW  THE
 STUDENT'S NEEDS AND INCORPORATE COMPENSATORY SERVICES INTO THE STUDENT'S
 INDIVIDUALIZED EDUCATION SERVICES PROGRAM. IF THE STUDENT HAS AN  EXIST-
 ING INDIVIDUALIZED EDUCATION SERVICES PROGRAM, THE COMMITTEE SHALL AMEND
 SUCH  PROGRAM  TO  INCLUDE  COMPENSATORY SERVICES UNLESS AND UNTIL A NEW
 EVALUATION OR REVIEW DETERMINES FURTHER AMENDMENTS ARE NECESSARY.
   § 2. This act shall take effect immediately.