•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S02107 Summary:

BILL NOS02107
 
SAME ASNo Same As
 
SPONSORFELDER
 
COSPNSRPHILLIPS
 
MLTSPNSR
 
Add 9, Gen City L; amd 4402 & 4404, Ed L
 
Provides that a special education settlement agreement between a city school district in a city of one million or more and a child's parent or person in parental relation shall have a term of not less than 3 years; provides for the hearing of appeals of such school district's recommendation as to the provision of special education services and placement in a private school.
Go to top    

S02107 Actions:

BILL NOS02107
 
01/12/2017REFERRED TO CITIES
Go to top

S02107 Memo:

Memo not available
Go to top

S02107 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2107
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 12, 2017
                                       ___________
 
        Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
 
        AN ACT to amend the general city law and the education law, in  relation
          to  the  duration  of  settlement agreements in a school district in a
          city having a population of one million or more

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The general city law is amended by adding a new section 9
     2  to read as follows:
     3    § 9. Duration of settlement agreements  involving  appropriate  educa-
     4  tional  programs.   In the event that an appeal of a recommendation made
     5  pursuant to item (i) of clause (b) of subparagraph three of paragraph  b
     6  of  subdivision  one  of section forty-four hundred two of the education
     7  law, is resolved by the signing of a settlement  agreement  between  the
     8  child's parent or person in parental relation and the board of education
     9  of  the  school district in a city having a population of one million or
    10  more, pursuant to item (ii) of clause (b) of subparagraph three of para-
    11  graph b of subdivision one of section  forty-four  hundred  two  of  the
    12  education law, then such settlement agreement shall be for a term of not
    13  less than three years, contingent upon there being no substantial change
    14  in the child's individualized education program, and consistent with any
    15  other applicable time periods prescribed by federal law.
    16    §  2.  Clause (b) of subparagraph 3 of paragraph b of subdivision 1 of
    17  section 4402 of the education law, as amended by chapter 378 of the laws
    18  of 2007, is amended to read as follows:
    19    (b) (i) Make recommendations based upon a written  evaluation  setting
    20  forth  the  reasons  for  the  recommendations, to the child's parent or
    21  person in parental relation and board of education  or  trustees  as  to
    22  appropriate  educational  programs  and placement in accordance with the
    23  provisions of subdivision six of section  forty-four  hundred  one-a  of
    24  this  article, and as to the advisability of continuation, modification,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04807-01-7

        S. 2107                             2
 
     1  or termination of special class or program placements  which  evaluation
     2  shall  be furnished to the child's parent or person in parental relation
     3  together with the recommendations provided, however that  the  committee
     4  may recommend a placement in a school which uses psychotropic drugs only
     5  if  such  school  has  a  written  policy pertaining to such use that is
     6  consistent with subdivision four-a of section thirty-two  hundred  eight
     7  of  this  chapter  and that the parent or person in parental relation is
     8  given such written policy at the time such recommendation is made.
     9    (ii) If such recommendation made in accordance with item (i)  of  this
    10  clause  is  not acceptable to the parent or person in parental relation,
    11  such parent or person in parental relation may appeal  such  recommenda-
    12  tion  as  provided for in section forty-four hundred four of this [chap-
    13  ter] article. Provided, further, that in a school  district  in  a  city
    14  having a population of one million or more:
    15    (A) A parent's appeal of such recommendation shall be resolved, either
    16  through  the  granting  or  denial of the appeal by an impartial hearing
    17  officer, or by a state review officer, or the signing  of  a  settlement
    18  agreement  between  the  parent  or  person in parental relation and the
    19  board of education of the school district in the  city  having  a  popu-
    20  lation  of  one million or more or a state agency, within any applicable
    21  time periods prescribed by federal law; and
    22    (B) That the applicable time periods established in a  signed  settle-
    23  ment agreement, made pursuant to subitem (A) of this item, shall also be
    24  in accordance with section nine of the general city law;
    25    (C)  That  nothing in this item shall be deemed to prohibit any parent
    26  or the school district from seeking judicial  review  by  any  court  of
    27  competent jurisdiction;
    28    (D)  Upon  the  signing  of  a  written settlement agreement between a
    29  child's parent or person in parental relation and the board of education
    30  of the school district in a city having a population of one  million  or
    31  more  or a state agency, or the decision, order or judgment of an impar-
    32  tial hearing officer, state review officer or a  court  finding  that  a
    33  unilateral  parental  placement was appropriate and that tuition payment
    34  should be granted for such unilateral placement, as provided by  section
    35  1412(a)(10)(c)  of title 20 of the United States code and the implement-
    36  ing federal regulations, the amount of such payment and the timeline  or
    37  schedule  for making such payment shall be set forth in any such settle-
    38  ment or decision, order, or judgment.
    39    [(ii)] (iii) Notwithstanding any provisions of this clause  or  clause
    40  (a)  of  this  subparagraph  to  the  contrary,  in  making changes to a
    41  student's individualized education program after the annual  review  has
    42  been conducted, the parent or person in parental relation to the student
    43  and  the  school  district  may  agree  not  to convene a meeting of the
    44  committee on special education for the purpose of making those  changes,
    45  and  instead  may  develop  a  written  document  to amend or modify the
    46  student's current individualized education program under  the  following
    47  circumstances:
    48    (A)  The  parent or person in parental relation makes a request to the
    49  school district for an amendment to the individualized education program
    50  and the school district and such parent or person in  parental  relation
    51  agree in writing; or
    52    (B)  The  school  district  provides  the parent or person in parental
    53  relation with a written proposal to amend a provision or  provisions  of
    54  the individualized education program that is conveyed in language under-
    55  standable  to the parent or person in parental relation in such parent's
    56  or such person's native language or other [dominate]  dominant  mode  of

        S. 2107                             3
 
     1  communication,  informs  and  allows  the  parent  or person in parental
     2  relation the opportunity to consult with the  appropriate  personnel  or
     3  related service providers concerning the proposed changes and the parent
     4  or person in parental relation agrees in writing to such amendments.
     5    (C)  If  the parent or person in parental relation agrees to amend the
     6  individualized education program without a meeting, the parent or person
     7  in parental relation shall be  provided  prior  written  notice  of  the
     8  changes  to  the  individualized  education  program resulting from such
     9  written document and the special education committee shall  be  notified
    10  of  such changes. If the school district makes such changes by rewriting
    11  the entire individualized education program, it shall provide the parent
    12  or person in parental relation with a copy of the rewritten  individual-
    13  ized education program. If the school district amends the individualized
    14  education  program  without  rewriting  the  entire document, the school
    15  district shall provide the parent or person in parental relation with  a
    16  copy  of  the document that amends or modifies the individualized educa-
    17  tion program or, upon request  of  the  parent  or  person  in  parental
    18  relation,  a  revised  copy of the individualized education program with
    19  the amendments incorporated.
    20    Amendments to an individualized education  program  pursuant  to  this
    21  subitem  shall  not  affect  the  requirement that the special education
    22  committee review the individualized  education  program  at  the  annual
    23  meeting, or more often if necessary.
    24    § 3. Paragraph a of subdivision 1 of section 4404 of the education law
    25  is amended by adding a new closing paragraph to read as follows:
    26    Notwithstanding  any other provision of law, rule or regulation to the
    27  contrary, in a school district in a city  having  a  population  of  one
    28  million  or  more,  upon  the  decision of an impartial hearing officer,
    29  state review officer or a  court  finding  that  a  unilateral  parental
    30  placement was appropriate and that tuition payment should be granted for
    31  such unilateral placement, such tuition payment shall continue in future
    32  years,  at the same percentage of the total tuition cost as the previous
    33  year's payment, until the committee on special education determines  the
    34  child's  needs  can  be met in another public or approved private school
    35  program and revises the  child's  individualized  education  program  to
    36  recommend  such  placement;  provided  however  that where the parent or
    37  person in parental relation brings a due process proceeding to challenge
    38  such revised placement, the  unilateral  parental  placement  for  which
    39  tuition payment was granted shall be the pendency placement, as provided
    40  in subdivision four of this section.
    41    § 4. This act shall take effect immediately; provided, that the amend-
    42  ments to clause (b) of subparagraph 3 of paragraph b of subdivision 1 of
    43  section  4402  of  the  education  law, made by section two of this act,
    44  shall not affect the expiration of such clause and shall  expire  there-
    45  with;  and  provided,  further,  that the amendments to subdivision 1 of
    46  section 4404 of the education law, made by section three  of  this  act,
    47  shall  not  affect  the  expiration of such subdivision and shall expire
    48  therewith.
Go to top