Amd Ed L, generally; amd S103, Gen Muni L; amd S6-0107, En Con L; amd S375, V & T L; rpld S353 sub 15, Exec L
Establishes Earth day; relates to mandate relief for school districts; relates to the provision of special education programs and services parentally placed in non-public schools through dual enrollment; eliminates requirement that the commissioner of education make appointments to the state-supported schools; relates to the committee on special education membership requirements; eliminates the requirement for written parental consent prior to placement of a student with a disability in July/August program; relates to transportation of students with disabilities parentally placed in private school; establishes that all school districts are approved evaluators of preschool students suspected of having a disability; relates to the statute of limitations for special education due process hearings; relates to committee on preschool special education; relates to the selection of a preschool evaluator; relates to referrals of state adult service agencies for certain students with disabilities who have reached the age of 18; relates to giving school districts or boards of cooperative educational services the option of advertising procurement bids in the state's opportunities newsletter; relates to the state smart growth public infrastructure criteria; relates to school omnibus signs complying with federal motor vehicle safety standards.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7060
SPONSOR: Nolan TITLE OF BILL: An act to amend the education law, in relation to
establishing Earth day; to amend the education law, in relation to
mandate relief for school districts and certain other educational enti-
ties; to amend the education law, in relation to removing references to
subcommittees on special education; to amend the education law, in
relation to the provision of special education programs and services to
students parentally placed in non-public schools through dual enrollment
in the public schools; to amend the education law, in relation to elimi-
nating the requirement that the commissioner of education make appoint-
ments to state-supported schools; to amend the education law, in
relation to the committee on special education membership requirements;
to amend the education law, in relation to eliminating the requirement
for written parental consent prior to initial placement of a student
with a disability in a July/August program; to amend the education law,
in relation to transportation of students with disabilities parentally
placed in a private school; to amend the education law, in relation to
establishing that all school districts are approved evaluators of
preschool students suspected of having a disability; to amend the educa-
tion law, in relation to the statute of limitations for special educa-
tion due process hearings; to amend the education law, in relation to
the committee on preschool special education membership; to amend the
education law, in relation to the selection of a preschool evaluator; to
amend the education law, in relation to referrals to state adult service
agencies for certain students with disabilities who have reached the age
of 18; to amend the education law and the general municipal law, in
relation to giving school districts or boards of cooperative educational
services the option of advertising procurement bids in the state's
opportunities newsletter; to amend the environmental conservation law,
in relation to the state smart growth public infrastructure criteria; to
amend the vehicle and traffic law, in relation to school omnibus signs
complying with federal motor vehicle safety standards; to repeal para-
graph d of subdivision 4 of section 3641 of the education law relating
to special apportionments to school districts; to repeal subdivision 15
of section 353 of the executive law relating to the duties of the direc-
tor of the division of veterans' affairs; to repeal clause (h) of
subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the
education law relating to reports on certain children of Vietnam veter-
ans; to repeal clause (d) of subparagraph 1 of paragraph b of subdivi-
sion 1 of section 4402 of the education law relating to subcommittees on
special education; and to repeal clause (d-2) of subparagraph 3 of para-
graph b of subdivision 1 of section 4402 of the education law relating
to the requirement that boards of education develop plans and policies
for appropriate declassification of students with disabilities
PURPOSE OF THE BILL:
The proposed legislation would eliminate or reduce a significant number
of legislative mandates and provide greater flexibility relating to
transportation, educational management services and special education
requirements.
SUMMARY OF THE PROVISIONS OF THE BILL:
Section 1 would amend § 810 of the Education Law to eliminate the
requirement that public schools assemble their students on Conservation
Day to provide instructionally related activities related to conserva-
tion. Instead, this section provides districts with flexibility in cele-
brating Earth Day.
Section 2 would add a new paragraph to § 1950(4) of the Education Law to
clarify that BOCES have the authority to contract for telecommunications
equipment on behalf of their component school districts.
Section 3 would add a new subdivision (3-b) to § 3035 of the Education
Law to eliminate duplicative fingerprints for school bus drivers.
Currently, the State requires a second set of fingerprints for school
bus drivers who have already been certified under § 509-cc of the vehi-
cle and traffic law. This section also authorizes the Division of Crimi-
nal Justice to provide subsequent criminal history notifications direct-
ly to the Commissioner upon notification that a prospective employee has
been cleared for employment.
Section 4 would repeal § 3641(4)(d) to eliminate state requirements for
reporting beyond the federal requirements of the Asbestos Hazard Emer-
gency Response Act (AHERA).
Sections 5 and 6 would amend § 305(14)(a) of the Education Law to
authorize that certain contracts may be advertised in the state's
procurement opportunities newsletter in accordance with article 4-C of
the economic development law and to eliminate the that contracts for the
maintenance and operation of cafeteria or restaurant services be compet-
itively bid.
Section 7 would amend § 305(14)(e) of the Education Law to allow for
transportation and cafeteria contracts to be awarded through a request
for proposals process based on "best value". Currently, State law
requires the awarding of school district contracts to lowest, responsi-
ble bidders. For complex technical and service contracts, this would
allow districts to consider other factors in awarding contracts. This
might include costs, such as conversion costs, rather than solely the
price bid for a product.
Section 8 would amend § 305(14) of the Education Law to add a new para-
graph (g) to authorize the piggybacking of transportation contracts
between districts that contract with a private transportation contrac-
tor.
Sections 9 and 10 would amend § 103(2) of the general municipal law to
provide local governments with the option of advertising procurement
bids in the state's opportunities newsletter.
Section 11 would amend § 6-0107(1) of the environmental conservation law
to eliminate compliance with the smart growth legislation adopted as
Chapter 433 of the Laws of 2010 for reconstruction projects, reno-
vations, repairs or improvements of existing public school facilities or
existing library facilities, and projects for the construction of new or
expanded public school or library facilities in cities having a popu-
lation of more than 125,000 inhabitants.
Section 12 would amend § 375(20) of the vehicle and traffic law to elim-
inate the requirement for back-lit school bus signs. This would encour-
age districts to replace such back-lit school bus signs with federally
compliant reflective materials, consistent with the provision currently
in place in 48 out of 50 states. This section does not require the
retrofitting of school buses purchased prior to the effective date of
this act.
Section 13 would repeal § 353(15) of the executive law which requires
school districts to provide a form to parents of certain children with
disabilities who are veterans of the Vietnam war for a report to the
Division of Veterans' Affairs for research purposes.
Section 14 would authorize a study of the feasibility and desirability
of authorizing school districts and boards of cooperative educational
services (BOCES) to enter national credit card contracts as a cost-sav-
ing measure, with appropriate safeguards. Such contracts could poten-
tially provide cost savings or revenues for districts, particularly
where rebates are offered based on volume of purchases.
Section 15 would amend § 2590-b(4)(b)(2) and sections 16 and 17 would
amend § 2853(4)(a) of the Education Law to make conforming changes to
remove references to subcommittees on special education.
Section 18 would amend § 3602-c of the Education Law to clarify the
definition of services and provide that special education services for
such students do not include special classes or integrated co-teaching.
The bill would clarify that responsibilities for July and August
services are though the students' school district of location. This
provision would also change the date from June 1 to April 1 for a parent
to request special education services. Finally, the section would make
mediation mandatory where due process complaints are sought prior to any
request for an impartial hearing.
Section 19 would amend § 3602-c(7) of the Education Law to establish
regional rate methodologies for billing to districts for costs of
services, evaluations and special education administration.
Section 20 would amend § 4002(2)(e) to remove references to the Commis-
sioner of Education's authority to appoint students to state-supported
schools.
Section 21 would amend § 4201 of the Education Law to remove the author-
ity of the Commissioner of Education to make appointments to state-sup-
ported schools.
Section 22 of the bill would amend § 4203 of the Education Law and
section 23 would amend § 4204(3) of the Education Law to remove refer-
ences to the Commissioner of Education's authority to appoint student to
state-supported schools and to clarify that placement of pupils to
institutions for instruction of the deaf may be recommended by the
committee on special education, or committee on preschool special educa-
tion where applicable, of the school district responsible for educating
the pupil, and may include the provision of special education programs
and services in July or August in accordance with the provisions of §
4402(2)(a).
Section 24 would amend § 4206 of the Education Law to remove references
to the Commissioner of Education's authority to appoint students to
institutions for the instruction of the blind and would clarify that
placement in such institutions may be recommended by the committee on
special education, or committee on preschool special education where
applicable, of the school district responsible for educating such pupil,
and may include the provision of special education programs and services
in July or August in accordance with the provisions of § 4402(2)(a).
Section 25 would amend § 4207 of the Education Law to remove the Commis-
sioner of Education's authority for appointments to the New York Insti-
tute for Special Education and provides that the committee on special
education of the school district responsible for the education of the
pupil, with the consent of the trustees of the New York Institute for
Special Education has the authority to recommend extension of the term
of any pupil attending the institution.
Section 26 would amend § 4213 of the Education Law to conform language
and remove references of appointments to the New York Institute for
Special Education.
Section 27 would amend § 4401(2)(d) of the Education Law, section 30
would amend § 4402(2)(b)(2) of the Education Law and section 34 would
amend § 4403(17) of the Education Law to conform language and remove
references of appointments by the Commissioner of Education to state-
supported' schools.
Section 28 and 29 would amend § 4402(1)(b)(2), section 31 would amend §
4402(1)(b) (3-a) and section 33 would amend § 4403(8) and (9) of the
Education Law to make conforming changes to remove references to subcom-
mittees on special education.
Section 32 would repeal § 4402(1)(b)(3)(h) of the Education Law to
remove the requirement to file certain reports on students with disabil-
ities who are the children of Vietnam Veterans.
Sections 35 and 36 would amend § 4402(1)(b)(1)(a), (b) and (c) of the
Education Law to eliminate the requirement that the committee on special
education membership must include a school physician. This section would
also limit the mandatory requirement for a school psychologist to serve
on the committee on special education, to those meetings which determine
a student's initial eligibility for special education services. In addi-
tion, this section eliminates the requirement that there be an addi-
tional parent member on the committee on special education unless
requested, in writing, at least seventy-two hours before the meeting.
Section 37 would repeal § 4402(1)(b)(1)(d) of the Education Law relating
to subcommittees on special education.
Section 38 would repeal § 4402(1)(b)(3)(d-2) of the Education Law
requiring boards of education to develop plans and policies for appro-
priate declassification of students with disabilities.
Section 39 would amend § 4402(1)(b)(5) and (7) of the Education Law to
eliminate the requirement that the committee on special education or
multidisciplinary team provide written notice that a child placed in a
residential program in not entitled to receive tuition free educational
services after the age of 21 or upon receipt of a high school diploma.
Instead, this section would provide, at the first annual review of a
student with a disability placed in a residential program or a student
determined by the committee on special education or multidisciplinary
team likely to require adult residential services after the student has
attained the age of 18, for the development of adult service recommenda-
tions. Upon consent of the student's parents or the student themselves
if over the age of 18, the committee on special education or the multi-
disciplinary team shall invite representatives from the Office of Mental
Health (OMB) or the Office for People with Developmental Disabilities
(OPWDD) to participate in such recommendations and upon consented
release of the student's information, refer the student to the appropri-
ate public agency for services.
Section 40 would amend § 4402(2)(a) of the Education Law to remove the
requirement that school districts obtain the written consent of the
parent prior to the initial placement of the student in a July/August
program recommended by the committee on special education.
Section 41 would amend § 4402(4)(d) of the Education Law to provide that
where the board of education of a student's school district of residence
provides transportation up to a distance of fifty miles to and from a
nonpublic school which a student identified with a disability attends
for the purpose of receiving services or programs from the non-public
school which are similar to special education programs and services
recommended for the student by the district of residence, the student
would not be entitled to special education programs and services from
the school district of location pursuant to § 3602-c of the Education
Law.
Section 42 would amend § 4404(1)(a) of the Education Law to provide that
a due process hearing must be requested within one year of the date the
parent or district had knowledge of the underlying issue with an excep-
tion that for parents seeking tuition reimbursement such request must be
made within 180 days of the date the parent placed his/her child in the
private school.
Sections 43 and 44 would amend § 4410(3)(a)(1) of the Education Law to
conform the provisions relating to the additional parent member of a
preschool committee on special education to the procedures established
by Chapter 276 of the Laws of 2012 relating to the additional parent
members of committees on special education. As with the school-age
committees on special education, these sections would provide that the
additional parent member need not be in attendance at any meeting of the
preschool committee on special education unless specifically requested
in writing, at least seventy-two hours prior to such meeting by the
parents or other person in parental relation to the student in question,
the student, or a member of the preschool committee on special educa-
tion. The parents or persons in parental relation of the student in
question would be required to receive proper written notice of their
right to have an additional parent attend any meeting of the committee
regarding the student along with a statement, prepared by the depart-
ment, explaining the role of having the additional parent attend the
meeting.
Section 45 would amend § 4410(4)(b) of the Education Law to repeal the
requirement that the parent selects the preschool evaluator. The bill
would replace this provision with the requirement that each board shall,
within the time limits established by the commissioner, be responsible
for providing the parent of a preschool child suspected of having a
disability, with a list of approved evaluators in the geographic area.
This section would also require that the school district consider the
parent's expressed preference, if any, in the selection of the evalu-
ator.
Section 46 would amend § 4410(9-a) of the Education Law to establish
that all school districts are approved evaluators of preschool students
suspected of having a disability without the need to submit an applica-
tion to the state education department.
Section 47 would amend § 4410-b(I)(c) of the Education Law to conform
language and remove references to subcommittees on special education.
Section 48 is the effective date: This section also provides that noth-
ing in section 12 shall be construed to require the retrofitting of
school buses purchased prior to the effective date of the act.
STATEMENT IN SUPPORT OF THE BILL:
As school districts adjust to challenging fiscal conditions at all
levels of government, mandate relief becomes vital in order to preserve
funding for critical priorities. While many mandates were originally
enacted to enhance the rights, protections and performance of students
and the fiscal accountability of school districts, not all mandates have
produced their intended results. In these fiscal times, it is imperative
that a thoughtful and targeted series of changes be made to repeal
mandates that have grown too burdensome and costly and which are not
essential to improving results for students.
The proposed legislation would eliminate or reduce a significant number
of legislative mandates and provide greater flexibility relating to
transportation, educational management services and special education.
TRANSPORTATION MANDATE RELIEF:
The bill amends § 3035 of the Education Law to eliminate duplicative
fingerprints for school bus drivers. Currently, the State requires a
second set of fingerprints for school bus drivers who have already been
certified under § 509-cc of the vehicle and traffic law. -This provision
would authorize the Department of Motor Vehicles to forward a copy of a
prospective employee's criminal history record and fingerprints to the
commissioner of education to complete the Department's review of the
prospective employee. Upon notification that the employee has been
cleared for employment by the commissioner, the Division of Criminal
Justice Services would have the authority to provide any additional
subsequent criminal history notifications directly to the commissioner.
Proposed amendments to § 305(14)(a) of the Education Law would authorize
contracts for the transportation of school children, to maintain school
buses owned or leased by a school district, contracts for mobile
instructional units, and contracts to provide, maintain and operate
cafeteria or restaurant service by a private food service management
company to be advertised in the state's procurement opportunities news-
letter in accordance with article 4-C of the economic development law.
This is anticipated to provide greater visibility for procurement oppor-
tunities and as a result, increase competition and ultimately result in
anticipated cost-savings to the district.
Section 375(20) of the Vehicle and Traffic Law would be amended to elim-
inate the requirement for back-lit school bus signs. This would encour-
age districts to replace such back-lit school bus signs with federally
compliant reflective materials, consistent with the provision currently
in place in 48 out of 50 states. This provision would not require school
buses purchased prior to the effective date of this act, to be retro-
fitted to comply with this provision.
EDUCATIONAL MANAGEMENT SERVICES MANDATE RELIEF:
The proposed legislation would provide operational efficiencies for
Boards of Cooperative Educational Services (BOCES) and school districts.
Currently, BOCES can operate service school district equipment used for
telecommunications, and technology services and computer networks, and
can engage in cooperative purchasing. Several BOCES already offer the
ability to contract for telecommunications on behalf of their component
districts as a Cooperative Service (CoSer). When procuring high-tech
equipment, this act would allow BOCES to coordinate contracts for these
purchases on one or more school districts behalf, ensuring that the
school district equipment is compatible with BOCES telecommunication and
network equipment and allowing BOCES and district personnel to effi-
ciently service the equipment.
Amendments to § 305(14)(e) of the Education Law and § 103 of the general
municipal law would eliminate the requirement that contracts for mainte-
nance and operation of cafeteria or restaurant services be competitively
bid. Instead, this act would allow these contracts and transportation
contracts to be awarded through a request for proposals process by "best
value" consistent with Chapter 2 of the Laws of 2012. For complex tech-
nical and service contracts, this would allow districts to consider
other factors in awarding contracts. This might include costs, such as
conversion costs, rather than solely the price bid for a product.
Section 103 of the general municipal law is also amended to provide
school districts with the option of publishing procurement notices in
the Contract Reporter instead of publishing in newspapers. Under current
law districts are required to advertise in official newspapers desig-
nated by the board of education when placing legal notices. This option
would reduce advertising costs and provide access to a greater audience
leading to greater interest and ultimately better pricing for districts.
The proposed amendment to § 305(14) of the Education Law would expand a
school district and/or BOCES authority to purchase transportation
services by authorizing the piggybacking of transportation contracts
between districts that contract with a private transportation contrac-
tor. This amendment would create efficiencies and cost-savings to
districts and BOCES across the State.
The bill would authorize a study of the feasibility and desirability of
authorizing school districts and BOCES to enter national credit card
contracts as a cost-saving measure, with appropriate safeguards. Such
contracts could potentially provide cost savings or revenues for
districts, particularly where rebates are offered based on volume of
purchases.
Education Law § 3641(4)(d) is repealed to eliminate state requirements
for reporting beyond the federal requirements of the Asbestos Hazard
Emergency Response Act (AHERA). AHERA requires all public and non-public
elementary schools to develop and implement measures to determine if
asbestos is present and how to manage and safely monitor it over time.
The state has enacted additional laws over and above the federal
mandate. The capital planning process already provides safeguards for
testing for asbestos and other hazardous materials, requires that
districts hire professional consultants to conduct the process and that
all work be carried out in accordance with code. As asbestos monitoring
and compliance with AHERA is a federal responsibility administered by
the EPA, safeguards are already in place and enactment of this provision
would reduce a duplicative burden upon the department and school
districts.
The bill also eliminates the mandate for school districts to observe
Conservation Day and assemble students and provide instructionally
related activities on that day. Instead, the bill replaces Conservation
Day with Earth Day and gives districts the flexibility to find the best
utilization of their curriculum and resources to embed instruction
related to the earth's natural environment sometime during the academic
year of instruction.
Finally, section 6-0107(1) of the environmental conservation law is
amended to eliminate compliance with the "Smart Growth" legislation
enacted pursuant to Chapter 433 of the Laws of 2010 for improvements to
existing structures. Under current statute, all school districts must
conduct "Smart Growth Impact Statements" to ensure capital construction
projects are aligned with recently developed smart growth criteria to
avoid urban sprawl and reduce urban blight. The first criterion of the
"Smart Growth Criteria" is to encourage the reuse of existing infras-
tructure thereby negating need for new development. Since nearly 95% of
school projects involve the rehabilitation of existing facilities for
continued use as schools, the bill eliminates an onerous and unnecessary
mandate on districts and State Education Department staff by eliminating
"Smart Growth Impact Statements."
SPECIAL EDUCATION MANDATE RELIEF:
The repeal and amendments to the special education provisions recom-
mended in this legislation will provide both potential cost savings as
well as necessary relief from administrative tasks and increased flexi-
bility on how schools may best utilize their existing resources while
continuing to provide procedural protections and ensure that students
with disabilities receive a free appropriate public education as
required by federal law.
The proposed amendments to § 3602-c of the Education Law relating to the
provision of special education to parentally-placed nonpublic schools
are based on recommendations made by a group of representatives of
nonpublic school, parents, teachers, superintendents of schools, school
administrators and school board members convened by SED to discuss how
changes to state law would result in time, cost and service provision
efficiencies, while balancing the need of school districts to avoid
unnecessary costs, reduce disputes over billing issues and due process
complaints and have timely notice that districts need to budget and make
arrangement for services to dually enrolled students with disabilities.
Specifically, the bill would clarify the definition of education
services and provide that special education services for such students
do not include special classes or integrated co-teaching; clarify that
responsibilities for July and August services are through students'
school district of location; change the date from June 1 to April 1 for
a parent to request special education services from the district of
location; specify that if a student is first identified as a student
with a disability after June 1, the parent would have 30 days from the
development of the individualized education services program (IESP) to
file a request for services with the district of location. To address
concerns that too many disputes under Education Law § 3602-c are
proceeding to due process hearings which are costly to, school districts
and burdensome on both school districts and parents, this bill would
make mediation mandatory where due process complaints are sought prior
to any request for an impartial hearing and require the commissioner to
establish a timeframe under which the mediation session must be
conducted so as not to delay a parent's right to due process.
This bill would also authorize the commissioner of education to estab-
lish regional rate methodologies that districts may use for billing to
districts for costs of services, evaluations and special education
administration for parentally-placed students with disabilities. School
districts of location would be able to elect to use these rate methodol-
ogies to compute regional rates for billing for all nonresident students
receiving services under § 3602-c(2) or could choose to compute actual
costs on an individual student basis for all qualified nonresident
students. The section would also make a technical correction to remove
language that suggests that a chargeback may be made for due process
costs, to conform to authorized costs designated in Education Law
§3602-c(7)(b).These amendments address concerns expressed by school
officials about the burden and costliness of having to compute costs on
an individual basis through the proposal that the State establish
regional rates for certain evaluations and services which the districts
would have the option of using. Further, the proposed amendments to §
3602c(7) would provide districts of location one year from the end of
the school year in which costs are incurred to bill for the cots, or 6 0
days from the effective date of this act, whichever is later. By estab-
lishing a reasonable time within which claims must be presented, this
bill would assure that claims are processed in a timely manner and that
districts of residence are not confronted by claims for multiple years
that are difficult to verify because of the passage of time.
In addition, the bill would make a related amendment to Education Law §
4402(4)(d), to provide that where the board of education of a student's
school district of residence provides transportation up to a distance of
50 miles to and from a non-public school which a student identified with
a disability attends for the purpose of receiving services or programs
from the non-public school which are similar to special education
programs and services recommended for the student by the district of
residence, the student would not be entitled to special education
programs and services from the school district of location pursuant to §
3602-c of the Education Law. As a condition of eligibility for such
transportation, the parent or person in parental relation to the student
would be required to consent to the provision of notice by the school
district of residence to the chairperson of the committee on special
education of the school district in which the nonpublic school is
located. Such notice must be provided by the district of residence no
later than thirty days after commencing transportation services.
Amendments to § 4402(1)(b)(1) of the Education Law would more closely
align the membership of the CSE to the federal individualized education
program (IEP) team membership by repealing the requirement that the CSE
membership must include a school physician. The amendment would limit
the mandatory requirement for a school psychologist to serve on the
committee on special education, to those meetings which determine a
student's initial eligibility for special education services. The
Department anticipates costs savings resulting from an elimination of
reimbursement costs for those districts that provide such reimbursements
for additional parent members, for costs associated with the partic-
ipation of the school psychologist at every meeting in addition to the
meeting to determine a student's initial eligibility for special educa-
tion and for costs of rescheduling meetings when the school psychologist
is not available to attend the scheduled meetings.
Amendments to Education Law § 4410(3)(a)(1) relating to the additional
parent members of preschool committees on special education would extend
the procedures established by Chapter 276 of the Laws of 2012 for addi-
tional parent members of committees on special education to committees
on preschool special education (CPSEs). Chapter 276 provided mandate
relief by specifying that the additional parent member need not be in
attendance at any meeting of the committee on special education unless
specifically requested in writing, at least seventy-two hours prior to
such meeting by the parents or other person in parental relation to the
student in question, the student, or a member of the committee on
special education. This bill would establish identical procedures for
additional parent members of CPSEs that would allow school districts to
hold CPSE meetings without the additional parent member where the parent
has not requested that an additional parent member attend, thereby
making scheduling of a CPSE meeting easier and less burdensome for
school districts while preserving the right of parents to have an addi-
tional parent member present when they believe that to be beneficial.
Amendments to § 4410(4)(b) of the Education Law would repeal the
requirement that parents may select the preschool evaluator and replace
it with the requirement that the school district must, after providing
the parent with a list of approved preschool evaluators and after
obtaining parental consent to evaluate, arrange for an evaluation by the
service provider selected by the district who can provide the evaluation
of the student within the timeline required by the Sate. In selecting
the evaluator, the district must consider the parent's expressed prefer-
ence, if any, for the evaluator. The bill would also provide relief to
the State and to districts by amending § 4410(9-a) of the Education Law
to establish that all school districts are approved evaluators of
preschool students suspected of having a disability without the need to
submit an application to SED, providing administrative relief to
districts while at the same time addressing the programmatic need for
more approved evaluators of preschool children to ensure their timely
evaluations.
Section 4402(2)(a) of the Education Law is amended to remove the
requirement that school districts obtain the written consent of the
parent prior to the initial placement of the student in a July/August
program recommended by the committee on special education. This require-
ment for parental consent is not required by federal law.
Section 4404(1)(a) of the Education Law is amended to provide that a due
process hearing must be requested within one year of the date the parent
or district had knowledge of the underlying issue. The amendment
provides for exceptions as required by federal law and with an exception
that for parents seeking tuition reimbursement that such request must be
made within 180 days of the date the parent placed his or her child in
the private school. When a claim encompasses multiple school years, the
record in an impartial hearing can become voluminous and the cost of
defending the complaint rises.
Section 4002(2)(e) of the Education Law would be amended to remove
references to the Commissioner of Education's authority to appoint
students to state-supported schools. Conforming changes would be made to
§§ 4201, 4203, 4401(2) and 4402(2)(b)(2) of the Education Law. Section
4204(3) of the Education Law would also be amended to remove references
to the Commissioner's authority to appoint student to state-supported
schools and to clarify that placement of pupils to institutions for
instruction of the deaf may be recommended by the CSE or CPSE where
applicable, of the school district responsible for educating the
student, and may include the provision of special education programs and
services in July or August in accordance with the provisions of §
4402(2)(a). Similarly, § 4206 of the Education Law would be amended to
remove references to the Commissioner of Education's authority to
appoint students to institutions for the instruction of the blind and
would clarify that placement in such institutions may be recommended by
the CSE, or CPSE where applicable, of the school district responsible
for educating such student, and may include the provision of special
education programs and services in July or August in accordance with the
provisions of § 4402(2)(a). § 4207 of the Education Law would be amended
to remove the Commissioner's authority for appointments to the New York
Institute for Special Education and provides that the committee on
special education of the school district responsible for the education
of the pupil has the authority to recommend extension of the term of any
pupil attending the institution. § 4213 of the Education Law would be
amended to conform language and remove references of appointments to the
New York Institute for Special Education.
Education Law § 4402(1)(b)(3)(d-2) would be repealed which currently
require boards of education to develop plans and policies for appropri-
ate declassification of students with disabilities. Federal law requires
that each child with a disability be reevaluated at least once every
three years to determine a student's continuing eligibility for special
education and to require a reevaluation of a student prior to declassi-
fication. Therefore, it is not necessary for boards of education to
establish additional plans and policies.
The bill also proposes to amend § 4402(1)(b)(3)(h) of the Education Law
to remove the outdated requirement to file certain reports on students
with disabilities who are the children of Vietnam Veterans.
Federal law establishes transition planning requirements on school
districts, including the requirement to invite potential transition
providers, which could include adult service agencies, to CSE meetings
to prepare a student for transition to adult life. To streamline these
requirements, Education Law § 4402(1)(b) (5) and (7) would be amended to
provide at the first annual review of a student with a disability placed
in a residential program or a student determined by the committee on
special education or multidisciplinary team likely to require adult
residential services after the student has attained the age of 18, for
the development adult service recommendations. Upon consent of the
student's parents or the student themselves if over the age of 18, the
committee on special education or the multidisciplinary team shall
invite representatives from the Office of Mental Health (0MH), Office
for People with Developmental Disabilities (OPWDD) or the State Educa-
tion Department (SED) to participate in such recommendations and upon
consented release of the student's information, refer the student to the
appropriate public agency for services. These amendments would utilize
appropriate language, consistent throughout the Education Law, to
provide for transitional programs for those students with a disability
who have reached the age of 18 and who are placed in a residential
program by their CSE or multidisciplinary team and day students with a
disability who have reached the age of 18 and whose CSE or multidisci-
plinary team has determined that it is likely the student will require
adult residential services.
BUDGETARY IMPLICATIONS OF THE BILL:
The bill would result in cost savings to school districts and other
educational entities from elimination of various unnecessary mandates.
The amount of such savings is not known, though it is expected to be
substantial if this bill is enacted in entirety.
PRIOR LEGISLATIVE HISTORY:
Portions of this bill were submitted as SED Proposal No. 12 for 2011,
together with several provisions that were enacted in Chapter 97 of the
Laws of 2011. SED No. 12 was introduced in the Senate as 5.5816, was
referred to the Senate Education Committee, and no further action was
taken.
In 2012, this bill was submitted, together with several provisions that
were enacted in Chapters 2, 260, 276 and 308 of the Laws of 2012. This
bill was introduced in the Assembly as A. 10290 and was referred to the
Education Committee. It was also introduced in the Senate as S. 6688,
was referred to the Education Committee and reported to the Senate
Finance Committee. No further action was taken.
EFFECTIVE DATE:
This act would take effect July 1, 2013, provided that in the event the
act shall become law after such date, it will become effective imme-
diately and will be deemed to have been in full force and effect on and
after July 1, 2013. Further, nothing in section 12 of the act would be
construed to require the retrofitting of school busses purchased prior
to the effective date of this act.
FOR FURTHER INFORMATION CONTACT:
Nicolas Storelli-Castro Director of Governmental Relations Education
Building 89 Washington Avenue Albany, New York 12234
(518) 486-5644
