BILL NO A07729
SAME AS SAME AS S05361
SPONSOR Nolan
COSPNSR
MLTSPNSR
Amd S4402, Ed L
Eliminates the requirement for written parental consent prior to initial
placement of a student with a disability in a July/August program.
BILL NUMBER:A7729
TITLE OF BILL: An act to amend the education law, in relation to
eliminating the requirement for written parental consent prior to
initial placement of a student with a disability in a July/August
program;
PURPOSE OR GENERAL IDEA OF BILL:
To streamline the process of providing July/August programs to
students with disabilities.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends section 4402(2)(a) of the education law to remove
the duplicative requirement that school districts obtain the written
consent of the parent prior to the initial placement of the student in
a summer program. Section 2: Sets forth an immediate effective date.
JUSTIFICATION:
Some students require a full twelve month educational program to
maintain educational. progress. The decision to provide July/August
services to a special education student will be made at the initial
meeting of the committee on special education, where the individual
education plan is memorialized. A parent or guardian must consent to
the plan. Current law, however, requires the written consent of the
parent, again, at the beginning of the July/August program. Such
consent is required, even though the parent provided written consent
to the twelve month program as a whole. This duplicative requirement
can cause confusion for parents, and often leads to a delay in
providing vital educational services to the student. Therefore, this
bill will allow for student's to receive continued access to their
educational program, as consented to by the parent, without delay.
PRIOR LEGISLATIVE HISTORY:
new bill
FISCAL IMPLICATIONS:
Possible savings to local school districts.
EFFECTIVE DATE:
Immediately.
S T A T E O F N E W Y O R K
________________________________________________________________________
7729
2013-2014 Regular Sessions
I N A S S E M B L Y
May 31, 2013
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to eliminating the
requirement for written parental consent prior to initial placement of
a student with a disability in a July/August program;
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph a of subdivision 2 of section 4402 of the educa-
2 tion law, as amended by chapter 243 of the laws of 1989, is amended to
3 read as follows:
4 a. The board of education or trustees of each school district shall be
5 required to furnish suitable educational opportunities for [children
6 with handicapping conditions] STUDENTS WITH DISABILITIES by one of the
7 special services or programs listed in subdivision two of section
8 forty-four hundred one OF THIS ARTICLE. The need of the individual child
9 shall determine which of such services shall be rendered. Each district
10 shall provide to the maximum extent appropriate such services in a
11 manner which enables [children with handicapping conditions] STUDENTS
12 WITH DISABILITIES to participate in regular education services when
13 appropriate. Such services or programs shall be furnished between the
14 months of September and June of each year, except that for the nineteen
15 hundred eighty-seven--eighty-eight school year and thereafter, with
16 respect to the students whose [handicapping conditions] DISABILITIES are
17 severe enough to exhibit the need for a structured learning environment
18 of twelve months duration to maintain developmental levels, the board of
19 education or trustees of each school district upon the recommendation of
20 the committee on special education [and, in the first instance, the
21 consent of the parent] shall also provide, either directly or by
22 contract, for the provision of special services and programs as defined
23 in section forty-four hundred one of this article during the months of
24 July and August as contained in the individualized education program for
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11075-01-3
A. 7729 2
1 each eligible [child] STUDENT, and with prior approval by the commis-
2 sioner if required; provided that [(i) a student with a handicapping
3 condition who is first eligible to attend public school in the nineteen
4 hundred eighty-seven--eighty-eight school year shall not be eligible to
5 receive services pursuant to this paragraph during the months of July
6 and August nineteen hundred eighty-seven and (ii) a student with a
7 handicapping condition who is first eligible to attend public school in
8 the nineteen hundred eighty-eight--eighty-nine school year shall not be
9 eligible to receive services pursuant to this paragraph during the
10 months of July and August nineteen hundred eighty-eight and (iii) a
11 student with a handicapping condition who is eligible for services
12 during the months of July and August nineteen hundred eighty-nine pursu-
13 ant to the provisions of subdivision six of section forty-four hundred
14 ten of this article shall not be eligible to receive services pursuant
15 to this paragraph during such months and (iv)] a student with a [handi-
16 capping condition] DISABILITY who is eligible for services, including
17 services during the months of July and August, pursuant to section
18 forty-four hundred ten of this article shall not be eligible to receive
19 services pursuant to this paragraph during the months of July and
20 August.
21 S 2. This act shall take effect immediately.
