NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3982
SPONSOR: Jackson TITLE OF BILL:
An act to amend chapter 352 of the laws of 2005, amending the education
law relating to implementation of the federal individuals with disabili-
ties education improvement act of 2004; to amend chapter 430 of the laws
of 2006, amending the education law relating to implementation of the
federal individuals with disabilities education improvement act of 2004;
and to amend chapter 378 of the laws of 2007, amending the education law
relating to the implementation of the federal individuals with disabili-
ties education improvement act of 2004, in relation to the effectiveness
thereof
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to extend, for three years, provisions that
conform state education law to the federal Individuals with Disabilities
Education Act (IDEA) of 2004 in order to ensure that New York State will
continue to be in compliance with federal. IDEA requirements through she
2023-2024 school year.
SUMMARY OF SPECIFIC PROVISIONS:
Sections 1, 2, and 3 extend for three years, until June 30, 2024,
provisions of the Education Law relating to the implementation of IDEA.
Section 4 provides the effective date.
JUSTIFICATION:
This bill extends provisions of Education Law that conform state statute
to the federal Individuals with Disabilities Act of 2004. Federal fund-
ing for students with disabilities is contingent upon compliance with
the extension of IDEA. The current provisions of law will sunset on June
30, 2021. Without an extender, New York's allocation of funds under IDEA
could be in jeopardy. This bill extends provisions of the Education Law
for three years until June 30, 2024 to ensure New York State continues
to remain compliant and receive federal funding.
PRIOR LEGISLATIVE HISTORY:
2021-22 Signed into Ch.253
FISCAL IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, if this act
shall have become a law after June 30, 2021 it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after June 30, 2024.
STATE OF NEW YORK
________________________________________________________________________
3982
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Education
AN ACT to amend chapter 352 of the laws of 2005, amending the education
law relating to implementation of the federal individuals with disa-
bilities education improvement act of 2004; to amend chapter 430 of
the laws of 2006, amending the education law relating to implementa-
tion of the federal individuals with disabilities education improve-
ment act of 2004; and to amend chapter 378 of the laws of 2007, amend-
ing the education law relating to the implementation of the federal
individuals with disabilities education improvement act of 2004, in
relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 22 of chapter 352 of the laws of 2005, amending the
2 education law relating to implementation of the federal individuals with
3 disabilities education improvement act of 2004, as amended by chapter
4 253 of the laws of 2021, is amended to read as follows:
5 § 22. This act shall take effect July 1, 2005, provided, however, if
6 this act shall become a law after such date it shall take effect imme-
7 diately and shall be deemed to have been in full force and effect on and
8 after July 1, 2005; and provided further, however, that sections one
9 through four and six through twenty-one of this act shall expire and be
10 deemed repealed June 30, [2024] 2027, and section five of this act shall
11 expire and be deemed repealed June 30, [2024] 2027.
12 § 2. Subdivision (a) of section 8 of chapter 430 of the laws of 2006,
13 amending the education law relating to implementation of the federal
14 individuals with disabilities education improvement act of 2004, as
15 amended by chapter 253 of the laws of 2021, is amended to read as
16 follows:
17 (a) sections one, two, and six of this act shall expire and be deemed
18 repealed June 30, [2024] 2027;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07133-01-3
A. 3982 2
1 § 3. Subdivision d of section 27 of chapter 378 of the laws of 2007,
2 amending the education law relating to implementation of the federal
3 individuals with disabilities education improvement act of 2004, as
4 amended by chapter 253 of the laws of 2021, is amended to read as
5 follows:
6 d. the provisions of this act shall expire and be deemed repealed June
7 30, [2024] 2027.
8 § 4. This act shall take effect immediately, provided, however, if
9 this act shall have become a law after June 30, 2024 it shall take
10 effect immediately and shall be deemed to have been in full force and
11 effect on and after June 30, 2024.
