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.
