S T A T E O F N E W Y O R K
________________________________________________________________________
9385
2025-2026 Regular Sessions
I N A S S E M B L Y
December 19, 2025
___________
Introduced by M. of A. R. CARROLL -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to due process rights for
non-public school students with special needs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 1 of paragraph b and paragraph c of subdivi-
sion 2 of section 3602-c of the education law, subparagraph 1 of para-
graph b as amended and paragraph c as added by chapter 378 of the laws
of 2007, are amended to read as follows:
(1) For the purpose of obtaining education for students with disabili-
ties, as defined in paragraph d of subdivision one of this section, such
request shall be reviewed by the committee on special education of the
school district of location, which shall develop an individualized
education service program for the student based on the student's indi-
vidual needs in the same manner and with the same contents as an indi-
vidualized education program. The committee on special education shall
assure that special education programs and services are made available
to students with disabilities attending nonpublic schools located within
the school district on an equitable basis, as compared to special educa-
tion programs and services provided to other students with disabilities
attending public or nonpublic schools located within the school
district. Review of the recommendation OR IMPLEMENTATION of the commit-
tee on special education may be obtained by the parent or person in
parental relation of the pupil pursuant to the provisions of section
forty-four hundred four of this chapter.
c. Due process complaints relating to compliance of the school
district of location with child find requirements, OR WITH THE RECOMMEN-
DATION OR IMPLEMENTATION OF AN INDIVIDUALIZED EDUCATION SERVICE PROGRAM,
including evaluation requirements, may be brought by the parent or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14185-01-5
A. 9385 2
person in parental relation of the student pursuant to section forty-
four hundred four of this chapter.
§ 2. Subdivision 2 of section 3602-c of the education law, as amended
by chapter 474 of the laws of 2004, is amended to read as follows:
2. Boards of education of all school districts of the state shall
furnish services to pupils who are residents of this state and who
attend nonpublic schools located in such school districts, upon the
written request of the parent, guardian or persons legally having custo-
dy of any such pupil. Such a request shall be filed with the board of
education of the school district in which the parent, guardian or
persons legally having custody of the pupil resides on or before the
first day of June preceding the school year for which the request is
made; provided that, in the case of education for students with disabil-
ities, where a student is first identified as a student with a disabili-
ty after the first day of June preceding the school year for which the
request is made and prior to the first day of April of such current
school year or when a student with a disability establishes residence in
the school district after June first of the preceding year and prior to
April first of the current school year, such request shall be submitted
within thirty days after such student is first identified or establishes
residence in the district, as applicable. For students first identified
or establishing residence after March first of the current school year,
any such request for education for students with disabilities in the
current school year that is submitted on or after April first of such
current school year, shall be deemed a timely request for such services
in the following school year. For the purpose of obtaining education for
students with disabilities, as defined in paragraph d of subdivision one
of this section, such request shall be reviewed by the committee on
special education in accordance with the provisions of section forty-
four hundred two of this chapter. Review of the recommendation OR IMPLE-
MENTATION of the committee on special education may be obtained by the
parent, guardian or persons legally having custody of the pupil pursuant
to the provisions of section forty-four hundred four of this chapter.
Such school district shall contract with the school district in which
the nonpublic school attended by the pupil is located, for the provision
of services pursuant to this section, except that in the case of educa-
tion for students with disabilities, the school district of residence
may provide such services directly or by contract with the school
district of location.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to subdivision 2 of section 3602-c of the education law
made by section one of this act shall be subject to the expiration and
reversion of such subdivision when upon such date the provisions of
section two of this act shall take effect.