Senate Bill S8740

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8740
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 requiring additional
   reporting and documentation requirements  for  manifestation  determi-
   nation reviews
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The legislature finds that
 students with disabilities continue to be  disproportionately  suspended
 and  excluded  from  classrooms,  often  without proper consideration of
 their disabilities as required under federal and state  law.  Manifesta-
 tion  determination  reviews (MDRs), which are designed to protect these
 students, are frequently conducted without meaningful parental  involve-
 ment or adequate review of relevant student needs and services.
   The legislature further finds that the inconsistent application of MDR
 procedures  undermines  students' access to education and contributes to
 negative  long-term  outcomes,  including  academic  disengagement   and
 increased  dropout rates. This act is intended to promote equity, trans-
 parency, and  compliance  by  improving  how  MDRs  are  documented  and
 reported  across all school districts, and by ensuring that disciplinary
 decisions are made with due consideration of a student's disability  and
 needs.
   §  2.  The  education law is amended by adding a new section 3214-a to
 read as follows:
   § 3214-A. MANIFESTATION DETERMINATION REVIEWS; ADDITIONAL  PROVISIONS.
 1.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "MANIFESTATION DETERMINATION REVIEW" OR "MDR" MEANS A REVIEW OF  A
 QUALIFYING  STUDENT'S BEHAVIOR THAT IS SUBJECT TO DISCIPLINARY ACTION TO
 DETERMINE IF  SUCH  BEHAVIOR  IS  A  MANIFESTATION  OF  SUCH  QUALIFYING
 STUDENT'S  DISABILITY  OR  PRESUMED  DISABILITY,  CONDUCTED  PURSUANT TO
 SUBSECTION (K) OF SECTION FOURTEEN HUNDRED FIFTEEN OF  TITLE  TWENTY  OF
 THE  UNITED  STATES  CODE  AND ANY FEDERAL REGULATIONS IMPLEMENTING SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11531-02-5
              

 S. 8740                             2
 
 STATUTE, 8 NYCRR 201.4, AND/OR  PARAGRAPH  G  OF  SUBDIVISION  THREE  OF
 SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS PART.
   (B) "QUALIFYING STUDENT" MEANS A "CHILD WITH A DISABILITY" OR "STUDENT
 WITH  A DISABILITY" AS DEFINED BY SECTION FORTY-FOUR HUNDRED ONE OF THIS
 CHAPTER, OR A STUDENT PRESUMED  TO  HAVE  A  DISABILITY  FOR  DISCIPLINE
 PURPOSES.
   (C)  "MDR  WORKSHEET"  MEANS  A DOCUMENTATION TOOL UTILIZED DURING THE
 MANIFESTATION DETERMINATION REVIEW  PROCESS  TO  GUIDE  AND  RECORD  THE
 REVIEW  TEAM'S  DELIBERATIONS.  THE MDR WORKSHEET SHALL REFLECT THE DATA
 COLLECTION AND ANALYSIS  REQUIREMENTS  SET  FORTH  IN  THIS  SECTION.  A
 UNIFORM  WORKSHEET  MAY  BE DEVELOPED OR ADOPTED AT THE STATE LEVEL, BUT
 NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE ITS USE.
   2. EACH SCHOOL DISTRICT SHALL, THROUGH A MDR  WORKSHEET,  COLLECT  AND
 ANNUALLY  REPORT  TO  THE  DEPARTMENT THE FOLLOWING INFORMATION FOR EACH
 MANIFESTATION DETERMINATION REVIEW CONDUCTED  DURING  THE  PRIOR  SCHOOL
 YEAR:
   (A) THE FINAL DETERMINATION OF EACH MDR;
   (B)  THE  NUMBER  OF  SUSPENSION DAYS INITIALLY PROPOSED BY THE SCHOOL
 DISTRICT IN EACH SUSPENSION SUBJECT TO A MDR;
   (C) THE NUMBER OF SUSPENSION DAYS ACTUALLY IMPOSED ON EACH  QUALIFYING
 STUDENT DURING SUCH SCHOOL YEAR;
   (D)  EACH  QUALIFYING STUDENT'S CLASSIFICATION UNDER THE FEDERAL INDI-
 VIDUALS WITH DISABILITIES EDUCATION ACT;
   (E) DEMOGRAPHIC DATA OF EACH QUALIFYING STUDENT SUBJECT TO A MDR;
   (F) THE PARTIES ATTENDING EACH MDR,  INCLUDING  WHETHER  A  PARENT  OR
 GUARDIAN  OR  REPRESENTATIVE  OF  A PARENT OR GUARDIAN OF THE QUALIFYING
 STUDENT, OR INTERPRETER, WAS PRESENT AT EACH MDR; AND
   (G) WHETHER A FUNCTIONAL BEHAVIORAL ASSESSMENT AND/OR BEHAVIOR  INTER-
 VENTION  PLAN  WAS CONDUCTED PURSUANT TO SUBSECTION (K) OF SECTION FOUR-
 TEEN HUNDRED FIFTEEN OF TITLE TWENTY OF THE UNITED STATES CODE  AND  ANY
 FEDERAL  REGULATIONS IMPLEMENTING SUCH STATUTE WITHIN SIXTY DAYS FOLLOW-
 ING EACH MDR.
   3. ALL SCHOOL DISTRICTS ARE REQUIRED TO ATTACH A  COPY  OF  THEIR  MDR
 WORKSHEET TO ANY "PRIOR WRITTEN NOTICE" FOR THE MDR MEETING.
   4.  (A) THE DEPARTMENT SHALL PUBLICLY REPORT THE INFORMATION COLLECTED
 UNDER SUBDIVISION TWO OF THIS SECTION FOR EACH SCHOOL  DISTRICT,  DISAG-
 GREGATED  BY DEMOGRAPHIC CATEGORIES, INCLUDING BUT NOT LIMITED TO, RACE,
 GENDER, ENGLISH LANGUAGE LEARNER STATUS, AND  FEDERAL  INDIVIDUALS  WITH
 DISABILITIES  EDUCATION  ACT  DISABILITY  CLASSIFICATION. THE DEPARTMENT
 SHALL REPORT SUCH INFORMATION IN AN ACCESSIBLE FORMAT AND SHALL ISSUE AN
 ANNUAL REPORT SUMMARIZING SCHOOL  DISTRICT-LEVEL  AND  STATEWIDE  TRENDS
 RELATED TO MANIFESTATION DETERMINATION REVIEWS.
   (B) THE COMMISSIONER MAY PROMULGATE RULES AND/OR REGULATIONS TO ESTAB-
 LISH ADDITIONAL REPORTING ELEMENTS, METHODS OF DISAGGREGATION, AND TECH-
 NICAL STANDARDS NECESSARY TO IMPLEMENT THIS SUBDIVISION.
   5. THE COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE ANY RULES AND/OR
 REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.