Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Feb 18, 2025 |
referred to disabilities |
Senate Bill S5073
2025-2026 Legislative Session
Sponsored By
(R, C) 53rd Senate District
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
Actions
2025-S5073 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6636
- Current Committee:
- Senate Disabilities
- Law Section:
- Education Law
- Laws Affected:
- Amd §4404, Ed L
- Versions Introduced in 2023-2024 Legislative Session:
-
S8720
2025-S5073 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5073 SPONSOR: GRIFFO TITLE OF BILL: An act to amend the education law, in relation to the burden of proof for appeal procedures for children with handicapping conditions PURPOSE: In accordance with a 2005 United States Supreme Court ruling, this legislation changes the burden of proof in due process complaints in school districts to the party seeking relief. SUMMARY OF PROVISIONS: Section 1 Amends section 4404 of the education law to allow the appoint- ment of hearing officers and set the standards of the hearings and the hearing officers. Section 2 sets the standards for if the burdened party wishes to file an appeal on the decision from the hearing board.
2025-S5073 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5073 2025-2026 Regular Sessions I N S E N A T E February 18, 2025 ___________ Introduced by Sen. GRIFFO -- 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 the burden of proof for appeal procedures for children with handicapping conditions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph c of subdivision 1 of section 4404 of the educa- tion law, as amended by section 1 of chapter 583 of the laws of 2007, is amended to read as follows: c. Individuals so appointed by a board of education or a state agency shall be selected from a list of available impartial hearing officers who have successfully completed an impartial hearing officer training program conducted by the department according to a rotation selection process prescribed in regulations of the commissioner; except that a city school district of a city having a population of more than one million inhabitants shall be exempt from such regulations to the extent it maintains its rotational selection process in effect prior to July first, nineteen hundred ninety-three. A record of proceedings before the impartial hearing officer shall be maintained and made available to the parties, and the hearing shall be conducted in accordance with the regu- lations of the commissioner. The [board of education or trustees of the school district or the state agency responsible for providing education to students with disabilities] PARENT OR PERSON IN PARENTAL RELATIONSHIP shall have the burden of proof, including the burden of persuasion and burden of production, in any such impartial hearing[, except that a parent or person in parental relation seeking tuition reimbursement for a unilateral parental placement shall have the burden of persuasion and burden of production on the appropriateness of such placement]. The decision of the impartial hearing officer shall be binding upon both parties unless appealed to the state review officer. The commissioner shall establish a department training program which shall be completed EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09062-01-5
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