NY State Senate Bill 2025-S1325B

Senate Bill S1325B

2025-2026 Legislative Session

Relates to the submission of requests to the committee on special education for the educational services mandated by an individualized education services program

download bill text pdf

Current Bill Status - On Floor Calendar

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 29, 2025	advanced to third reading
May 28, 2025	2nd report cal.
May 27, 2025	1st report cal.1304
May 13, 2025	print number 1325b
May 13, 2025	amend and recommit to new york city education
Mar 14, 2025	reference changed to new york city education
Feb 11, 2025	print number 1325a
Feb 11, 2025	amend and recommit to education
Jan 09, 2025	referred to education

Votes

- May 27, 2025 - New York City Education Committee Vote
  S1325B
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - New York City Education Committee Vote: May 27, 2025
      
      aye (6)
      
      Chan
      
      Jackson
      
      Liu
      
      Persaud
      
      Sepúlveda
      
      Tedisco

Bill Amendments

Original

B (Active)

2025-S1325 - Details

See Assembly Version of this Bill:: A3950
Law Section:: Education Law
Laws Affected:: Amd §3602-c, Ed L

2025-S1325 - Summary

Requires 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 within their district regarding the process for requesting special education services; relates to the denial of services in a city having a population of one million or more for the 2024--2025 school year.

2025-S1325 - Sponsor Memo

                                 
BILL NUMBER: S1325

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE::

To address procedural barriers that have prevented students with disa-
bilities attending nonpublic schools from accessing their entitled
educational services.

 
SUMMARY OF SPECIFIC PROVISIONS::

Section 1 amends § 3602-c of the Education Law by adding a new subdivi-
sion 2-d, comprised of the following paragraphs:

2-d(a) provides that parents or guardians of students with disabilities
attending nonpublic schools shall have until April 1, 2025 to submit

requests for educational services for the 2024-2025 school year.

2-d(b) defines the term "procedural grounds."

2-d(c) provides that, within 14 days of the effective date of this act,
school districts shall afford parents or guardians of students whose
requests for the 2024-2025 school year were denied on procedural grounds
a reasonable opportunity to remedy their applications.

2-d(d) provides that school districts shall authorize services for the
2024-2025 school year within 14 days of receiving a procedurally suffi-
cient application.

2-d(e) provides that for students previously the subject of a due proc-
ess hearing regarding service rates under § 4404 of the Education Law,
school districts shall authorize the hourly rate established in that
determination without requiring new proceedings.

2-d(f) empowers parents or guardians who obtained equivalent services
due to procedural denials during the 2023-2024 or 2024-2025 school years
to seek reimbursement for costs incurred.

2-d(g) empowers parents or guardians to seek compensatory services for
students denied services on procedural grounds during the 2023-2024 or
2024-2025 school years.

2-d(h) prohibits conditioning special educational services mandated
under § 3602 of the Education Law on the waiver of procedural safe-
guards.

2-d(i) sets forth that school districts shall notify all parents or
guardians of nonpublic school students with disabilities of the
provisions of this act within 14 days of its effective date.

Section 2 sets forth the effective date.

 
JUSTIFICATION::
Students with disabilities attending nonpublic schools in New York are
entitled to equitable access to educational services under the state's
Education Law § 3602-c. However, for the 20242025 school year, school
districts adopted strict enforcement policies that created unprecedented
barriers for families to obtain services. These policies were ostensibly
intended to reduce administrative burdens, but were implemented without
adequate notice or support for families.  As a result, thousands of
eligible students were denied critical educational services due to minor
and uncommunicated technical deficiencies. These measures forced fami-
lies to shoulder the burdens of an inefficient system, with the conse-
quences falling hardest on vulnerable children whose education was
unjustly denied. When services are delayed or denied, students lose
critical support necessary for their academic success and development.
Families often also bear a significant financial burden, paying out-of-
pocket for services that are typically publicly funded.

This bill would provide a temporary, targeted solution for students
impacted in the 2023-2024 and 2024-2025 school years. Specifically, it
would extend the deadline for families to request services for the
2024-2025 school year to April 1, 2025, affording them time to address
procedural errors. School districts would be required to notify families
of deficiencies in their applications, provide clear instructions for
corrections, and allow resubmissions. Services would be authorized with-
in 14 days of receiving a complete application. To reduce administrative
burdens, districts would honor rates established in prior due process
hearings without requiring new proceedings. Families who incurred costs
for equivalent services during the 2023-2024 and 2024-2025 school years
would be empowered to seek reimbursement, and students denied services
would be empowered to seek compensatory education to address the harm
caused. This bill would also ensure that families retain their legal
protections by prohibiting districts from conditioning services on the
waiver of due process rights.

 
LEGISLATIVE HISTORY::

None.   
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE::

This act shall take effect immediately.

2025-S1325 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1325
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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  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

 S. 1325                             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
 S. 1325                             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.

co-Sponsors

2025-S1325A - Details

See Assembly Version of this Bill:: A3950
Law Section:: Education Law
Laws Affected:: Amd §3602-c, Ed L

2025-S1325A - Summary

2025-S1325A - Sponsor Memo

                                 
BILL NUMBER: S1325A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE:

To address procedural barriers that have prevented students with disa-
bilities attending nonpublic schools from accessing their entitled
educational services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends § 3602-c of the Education Law by adding a new subdivi-
sion 2-d, comprised of the following paragraphs:

2-d(a) provides that parents or guardians of students with disabilities
attending nonpublic schools shall have until April 1, 2025 to submit

requests for educational services for the 2024-2025 school year.

2-d(b) defines the term "procedural grounds."

2-d(c) provides that, within 14 days of the effective date of this act,
school districts shall afford parents or guardians of students whose
requests for the 2024-2025 school year were denied on procedural grounds
a reasonable opportunity to remedy their applications.

2-d(d) provides that school districts shall authorize services for the
2024-2025 school year within 14 days of receiving a procedurally suffi-
cient application.

2-d(e) provides that for students previously the subject of a due proc-
ess hearing regarding service rates under § 4404 of the Education Law,
school districts shall authorize the hourly rate established in that
determination without requiring new proceedings.

2-d(f) empowers parents or guardians who obtained equivalent services
due to procedural denials during the 2023-2024 or 2024-2025 school years
to seek reimbursement for costs incurred.

2-d(g) empowers parents or guardians to seek compensatory services for
students denied services on procedural grounds during the 2023-2024 or
2024-2025 school years.

2-d(h) sets forth that school districts shall incorporate compensatory
services into the student's individualized education service program.

2-d(i) prohibits conditioning special educational services mandated
under § 3602 of the Education Law on the waiver of procedural safe-
guards.

2-d(j) sets forth that school districts shall notify all parents or
guardians of nonpublic school students with disabilities of the
provisions of this act within 14 days of its effective date.

Section 2 sets forth a severability clause.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Students with disabilities attending nonpublic schools in New York are
entitled to equitable access to educational services under the state's
Education Law § 3602-c. However, for the 20242025 school year, school
districts adopted strict enforcement policies that created unprecedented
barriers for families to obtain services. These policies were ostensibly
intended to reduce administrative burdens, but were implemented without
adequate notice or support for families.  As a result, thousands of
eligible students were denied critical educational services due to minor
and uncommunicated technical deficiencies. These measures forced fami-
lies to shoulder the burdens of an inefficient system, with the conse-
quences falling hardest on vulnerable children whose education was
unjustly denied. When services are delayed or denied, students lose
critical support necessary for their academic success and development.
Families often also bear a significant financial burden, paying out-of-
pocket for services that are typically publicly funded.

This bill would provide a temporary, targeted solution for students
impacted in the 2023-2024 and 2024-2025 school years. Specifically, it
would extend the deadline for families to request services for the
2024-2025 school year to April 1, 2025, affording them time to address
procedural errors. School districts would be required to notify families
of deficiencies in their applications, provide clear instructions for
corrections, and allow resubmissions. Services would be authorized with-
in 14 days of receiving a complete application. To reduce administrative
burdens, districts would honor rates established in prior due process
hearings without requiring new proceedings. Families who incurred costs
for equivalent services during the 2023-2024 and 2024-2025 school years
would be empowered to seek reimbursement, and students denied services
would be empowered to seek compensatory education to address the harm
caused. This bill would also ensure that families retain their legal
protections by prohibiting districts from conditioning services on the
waiver of due process rights.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S1325A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1325--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Education --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03202-03-5
 S. 1325--A                          2

 
 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;
   (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
 S. 1325--A                          3

 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
 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.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 S. 1325--A                          4
 
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect immediately.

co-Sponsors

2025-S1325B (ACTIVE) - Details

See Assembly Version of this Bill:: A3950
Law Section:: Education Law
Laws Affected:: Amd §3602-c, Ed L

2025-S1325B (ACTIVE) - Summary

2025-S1325B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1325B

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE:

To address procedural barriers that have prevented students with disa-
bilities attending nonpublic schools from accessing their entitled
educational services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends § 3602-c of the Education Law by adding new subdivision
2-d and 2-e, comprised of the following paragraphs:

2-d(a) requires annual notice from school districts about special educa-
tion service application processes and deadlines.

2-d(b) provides that, if school district notice is delayed, parents
shall have at least 28 days from receipt of proper notice to submit
requests for special education services.

2-d(c) prohibits conditioning special educational services mandated
under § 3602 of the Education Law on the waiver of procedural safe-
guards.

2-e(a) establishes that provisions of this subdivision apply exclusively
to the city school district of New York City for the 2024-2025 school
year.

2-e(b) defines the term "procedural grounds."

2-e(c) requires school districts to notify parents of nonpublic school
students with disabilities of the process to request services and
provide them an opportunity to submit or correct applications previously
denied.

2-e(d) empowers parents or guardians to seek compensatory services for
students denied services on procedural grounds.

2-e(e) sets forth that school districts shall incorporate compensatory
services into the student's individualized education service program.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Students with disabilities attending nonpublic schools in New York are
entitled to equitable access to educational services under the state's
Education Law § 3602-c. However, for the 20242025 school year, school
districts adopted strict enforcement policies that created unprecedented
barriers for families to obtain services. These policies were ostensibly
intended to reduce administrative burdens, but were implemented without
adequate notice or support for families.  As a result, thousands of
eligible students were denied critical educational services due to minor
and uncommunicated technical deficiencies. These measures forced fami-
lies to shoulder the burdens of an inefficient system, with the conse-
quences falling hardest on vulnerable children whose education was
unjustly denied. When services are delayed or denied, students lose
critical support necessary for their academic success and development.

This bill addresses these challenges through permanent statewide meas-
ures and temporary provisions for New York City. It creates a statewide
requirement for clear, timely, and annual notice to parents regarding
the application process for special education services, along with
provisions to extend application deadlines if districts fail to provide
timely notice. It explicitly prohibits school districts from condition-
ing the provision of services on a waiver of procedural safeguards. For
the 2024-2025 school year in New York City, the bill additionally
requires districts to notify families who missed the opportunity to
apply for or correct their service applications due to procedural
issues, and allows parents whose children were denied mandated services
on procedural grounds to seek compensatory education to remedy lost
educational opportunities.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S1325B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1325--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  ADDABBO -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion  --  committee  discharged,  bill  amended,  ordered reprinted as
   amended and recommitted to said committee -- committee discharged  and
   said  bill  committed  to  the Committee on New York City 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03202-05-5

 S. 1325--B                          2
 
 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.
   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.

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Senate Bill S1325B

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - On Floor Calendar

Bill Amendments

2025-S1325 - Details

2025-S1325 - Summary

2025-S1325 - Sponsor Memo

2025-S1325 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

2025-S1325A - Details

2025-S1325A - Summary

2025-S1325A - Sponsor Memo

2025-S1325A - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

2025-S1325B (ACTIVE) - Details

2025-S1325B (ACTIVE) - Summary

2025-S1325B (ACTIVE) - Sponsor Memo

2025-S1325B (ACTIVE) - Bill Text download pdf

Comments