Senate Bill S8842

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8842
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 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
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14185-01-5
 S. 8842                             2
 
   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.