|SAME AS||No Same As|
|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.|
|01/12/2017||REFERRED TO CITIES|
|01/03/2018||REFERRED TO CITIES|
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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. LBD04807-01-7S. 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 ofS. 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.