Appoints an impartial hearing officer to issue an order of relief if a parent or person in parental relation of a student files a due process complaint notice seeking an impartial due process hearing.
STATE OF NEW YORK
________________________________________________________________________
7614
2021-2022 Regular Sessions
IN ASSEMBLY
May 19, 2021
___________
Introduced by M. of A. BENEDETTO, CYMBROWITZ -- read once and referred
to the Committee on Education
AN ACT to amend the education law, in relation to appointing an impar-
tial hearing officer during certain appeal procedures for children
with handicapping conditions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4404 of the education law is amended by adding a
2 new subdivision 1-a to read as follows:
3 1-a. If the parent or person in parental relation of a student files a
4 due process complaint notice seeking an impartial due process hearing
5 with respect to the evaluation, educational placement, provision of a
6 free appropriate public education to the student or in accordance with
7 section thirty-six hundred two-c of this chapter and an impartial hear-
8 ing officer is not appointed within one hundred ninety-six days after
9 filing such due process complaint notice with the local school district,
10 in accordance with regulations promulgated pursuant to this section by
11 the commissioner, an impartial hearing officer may then be immediately
12 appointed to issue an order based upon a proposed order of relief
13 submitted by the parent or person in parental relation of the student
14 identifying appropriate and individualized programs and services for the
15 student. School districts subject to this subdivision shall annually
16 report, on a form prescribed by the commissioner, on the number of
17 complaints that seek this relief, the relief sought, and the resolution
18 of such complaints to the governor, the commissioner, the temporary
19 president of the senate, the speaker of the assembly, the chair of the
20 senate education committee, the chair of the senate city of New York
21 education committee and the chair of the assembly education committee.
22 § 2. This act shall take effect on the ninetieth day after it shall
23 have become a law. Effective immediately, the addition, amendment and/or
24 repeal of any rule or regulation necessary for the implementation of
25 this act on its effective date are authorized to be made and completed
26 by the commissioner of education on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11358-01-1
