Hevesi, Simon, Sayegh, Cruz, Colton, Rozic, Meeks, Taylor
MLTSPNSR
Amd §4404, Ed L
Prohibits the appointment of certain state, municipal or agency employees as impartial hearing officers to hear appeals of determinations regarding children with handicapping conditions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A146
SPONSOR: Eichenstein TITLE OF BILL:
An act to amend the education law, in relation to the appointment of
impartial hearing officers to hear appeals of determinations regarding
children with handicapping conditions
PURPOSE:
The purpose of this bill is to make changes to Education Law § 4404
regarding the impartial hearing process for students with disabilities.
SUMMARY OF PROVISIONS:
Section 1 of this bill states that impartial hearing officers selected
by the board of education or state agency shall be selected from a list
of impartial candidates who have been subjected to the impartial hearing
officer training program. These officers shall not be employees of any
educational agency that is involved in the education of the child, or
any agency that would give rise to a conflict of interest. In addition,
officers may not be an employee of the municipality where the school is
located. A record of the hearing shall be available, and the hearing
will be conducted according to the rules. The board of education of the
school district or the state agency responsible for providing education
to students with disabilities shall have the burden of proof, except in
matters of tuition reimbursement. The decision of the hearing officer
shall be binding upon both parties unless appealed to the state review
officer. The decision of the hearing officer shall.be binding.
Section 2 of this bill states that if the recommendation of the commit-
tee on special education is not acceptable to the parent, or if the
recommendation is not given within the time set by the commissioner, the
parents will notify the Board of Education, which will appoint an impar-
tial hearing officer. The officer will be selected from an acceptable
list of candidates.
Section 3 of this bill sets forth the effective date.
JUSTIFICATION:
The number of impartial hearing requests, particularly in New York City,
has risen to historic proportions resulting in a substantial backlog of
cases and an inability to address disputes regarding the provision of
special education services in a timely fashion as prescribed by law.
This bill is designed to assure the impartiality of special education
hearing officeis as measures are undertaken to address this backlog.
LEGISLATIVE HISTORY:
01/03/24: A195 - referred to Education
01/04/23: A195 referred to Education
02/23/22: A9287 - referred to Education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to paragraph c of subdivision 1 of section 4404 of the educa-
tion law made by section one of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to section 22 of chapter
352 of the laws of 2005, as amended, when upon such date the provisions
of section two of this act shall take effect.
