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A05110 Summary:

BILL NOA05110
 
SAME ASNo Same As
 
SPONSORBenedetto
 
COSPNSR
 
MLTSPNSR
 
Amd §§4402 & 4404, Ed L
 
Requires parental appeal of placement and educational program to be provided to a child with a handicapping condition in a school district in a city having a population of one million or more to be determined within the time limit established by federal law; requires continued implementation of a unilateral parental placement, once such a placement has been judged to be appropriate.
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A05110 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5110
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 11, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
          Committee on Education
 
        AN ACT to amend the education law,  in  relation  to  determinations  of
          appropriate  educational  programs  for  certain  students 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. Item (i) of clause (b) of subparagraph 3 of paragraph b of
     2  subdivision 1 of section 4402 of the education law, as amended by  chap-
     3  ter 378 of the laws of 2007, is amended to read as follows:
     4    (i) Make recommendations based upon a written evaluation setting forth
     5  the  reasons for the recommendations, to the child's parent or person in
     6  parental relation and board of education or trustees as  to  appropriate
     7  educational  programs and placement in accordance with the provisions of
     8  subdivision six of section forty-four hundred one-a of this article, and
     9  as to the advisability of continuation, modification, or termination  of
    10  special  class or program placements which evaluation shall be furnished
    11  to the child's parent or person in parental relation together  with  the
    12  recommendations  provided,  however  that  the committee may recommend a
    13  placement in a school which uses psychotropic drugs only if such  school
    14  has  a  written  policy  pertaining  to such use that is consistent with
    15  subdivision four-a of section thirty-two hundred eight of  this  chapter
    16  and that the parent or person in parental relation is given such written
    17  policy  at  the time such recommendation is made. If such recommendation
    18  is not acceptable to the parent or person  in  parental  relation,  such
    19  parent  or person in parental relation may appeal such recommendation as
    20  provided for in section forty-four hundred four of this [chapter]  arti-
    21  cle.  Provided,  further,  that  in a school district in a city having a
    22  population of one million or more a parent's appeal of such  recommenda-
    23  tion  shall  be  resolved,  either through the granting or denial of the
    24  appeal by an impartial hearing officer, or by a state review officer, or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08462-01-1

        A. 5110                             2
 
     1  the signing of a settlement agreement between the parent  or  person  in
     2  parental  relation  and the board of education of the school district in
     3  the city having a population of one million or more or a  state  agency,
     4  within any applicable time periods prescribed by federal law.  Provided,
     5  further,  that  nothing  in  this  item  shall be deemed to prohibit any
     6  parent or the school district from seeking judicial review by any  court
     7  of competent jurisdiction.
     8    Upon  the  signing of a written settlement agreement between a child's
     9  parent or person in parental relation and the board of education of  the
    10  school  district in a city having a population of one million or more or
    11  a state agency, or the decision, order,  or  judgment  of  an  impartial
    12  hearing  officer, state review officer or a court finding that a unilat-
    13  eral parental placement was appropriate and that tuition payment  should
    14  be  granted  for  such  unilateral  placement,  as  provided  by section
    15  1412(a)(10)(c) of title 20 of the United States Code and the  implement-
    16  ing  federal regulations, the amount of such payment and the timeline or
    17  schedule for making such payment shall be set forth in any such  settle-
    18  ment or decision, order, or judgment.
    19    § 2. Paragraph a of subdivision 1 of section 4404 of the education law
    20  is amended by adding a new closing paragraph to read as follows:
    21    Notwithstanding  any other provision of law, rule or regulation to the
    22  contrary, in a school district in a city  having  a  population  of  one
    23  million  or  more,  upon  the  decision of an impartial hearing officer,
    24  state review officer or a  court  finding  that  a  unilateral  parental
    25  placement was appropriate and that tuition payment should be granted for
    26  such  unilateral  placement,  such  tuition  payment   shall continue in
    27  future years, at the same percentage of the total tuition  cost  as  the
    28  previous year's payment, until the committee on special education deter-
    29  mines the child's needs can be met in another public or approved private
    30  school  program and revises the child's individualized education program
    31  to recommend such placement; provided however that where the  parent  or
    32  person in parental relation brings a due process proceeding to challenge
    33  such  revised  placement,  the  unilateral  parental placement for which
    34  tuition payment was granted shall be the pendency placement, as provided
    35  in subdivision four of this section.
    36    § 3. This act shall take effect immediately; provided,  however,  that
    37  the  amendments to clause (b) of subparagraph 3 of paragraph b of subdi-
    38  vision 1 of section 4402 of the education law, made by  section  one  of
    39  this  act,  shall  not  affect  the  expiration of such clause and shall
    40  expire therewith; provided, further, that the amendments to  subdivision
    41  1 of section 4404 of the education law, made by section two of this act,
    42  shall  not  affect  the  expiration of such subdivision and shall expire
    43  therewith.
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