Relates to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more.
STATE OF NEW YORK
________________________________________________________________________
7240
2025-2026 Regular Sessions
IN ASSEMBLY
March 21, 2025
___________
Introduced by M. of A. BICHOTTE HERMELYN, SEPTIMO, DAVILA, TAYLOR, CHAN-
DLER-WATERMAN, COLTON, CHANG, REYES, EPSTEIN -- 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 an appeal by the parent or person in
23 parental relation of such recommendation shall be resolved, either
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11051-01-5
A. 7240 2
1 through the granting or denial of the appeal by an impartial hearing
2 officer, or by a state review officer, or the signing of a settlement
3 agreement between the parent or person in parental relation and the
4 board of education of the school district in the city having a popu-
5 lation of one million or more or a state agency, within any applicable
6 time periods prescribed by federal law. Provided, further, that nothing
7 in this item shall be deemed to prohibit any parent, person in parental
8 relation or school district from seeking judicial review by any court of
9 competent jurisdiction.
10 Upon the signing of a written settlement agreement between a child's
11 parent or person in parental relation and the board of education of the
12 school district in a city having a population of one million or more or
13 a state agency, or the decision, order, or judgment of an impartial
14 hearing officer, state review officer or a court finding that a unilat-
15 eral parental placement was appropriate and that tuition payment should
16 be granted for such unilateral placement, as provided by section
17 1412(a)(10)(c) of title 20 of the United States Code and the implement-
18 ing federal regulations, the amount of such payment and the timeline or
19 schedule for making such payment shall be set forth in any such settle-
20 ment or decision, order, or judgment, and such payment shall be made in
21 strict accordance with such timeline. A failure by such board of educa-
22 tion to make such payment in strict accordance with such timeline shall
23 be a violation of this subdivision.
24 § 2. Section 4403 of the education law is amended by adding a new
25 subdivision 22 to read as follows:
26 22. The commissioner shall ensure that the implementation of any
27 settlement, decision, order, or judgment, pursuant to item (i) of clause
28 (b) of subparagraph three of paragraph b of subdivision one of section
29 forty-four hundred two of this article, is timely implemented. The
30 commissioner shall be empowered to take all actions necessary to effec-
31 tuate such timely implementation, including, but not limited to, direct-
32 ing and compelling such district to implement immediately any such
33 settlement, decision, order or judgment in accordance with the timelines
34 established by this article. And it is further provided that if such
35 district fails to timely make any payment required by such settlement,
36 decision, order or judgment, the commissioner shall, in the commission-
37 er's sole discretion: (a) withhold from such district its share of the
38 public money of the state pursuant to section three hundred six of this
39 chapter; (b) withhold from such district all or a portion of its share
40 of funds allocated to it pursuant to 20 U.S.C. sections 1411 and 1413 of
41 the individuals with disabilities act; (c) impose up to nine percent
42 interest per annum accruing from the date on which payment of such
43 settlement, decision, order or judgment is late and continuing until it
44 is fully paid, which shall be payable to the parent or person in
45 parental relation; (d) report such district's non-compliance to the
46 United States department of education; and/or (e) take any other action
47 the commissioner deems appropriate pursuant to the powers vested in the
48 commissioner by this chapter.
49 § 3. Paragraph a of subdivision 1 of section 4404 of the education law
50 is amended by adding a new closing paragraph to read as follows:
51 Notwithstanding any other provision of law, rule or regulation to the
52 contrary, in a school district in a city having a population of one
53 million or more, upon the settlement of an impartial hearing or appeal
54 therefrom, or upon the decision of an impartial hearing officer, state
55 review officer or a court finding that a unilateral parental placement
56 was appropriate and that tuition payment and any other services and
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1 costs should be granted for such unilateral placement, such settlement
2 agreement, decision, order or judgment shall continue in future years,
3 at the same percentage of the total tuition, services, and costs as the
4 previous year's payment, until the committee on special education deter-
5 mines the child's needs can be met in another public or approved private
6 school program and revises the child's individualized education program
7 to recommend such placement; provided however that where the parent or
8 person in parental relation brings a due process proceeding to challenge
9 such revised placement, the unilateral parental placement for which
10 tuition payment and any other services or costs were granted or settled
11 upon, shall be the pendency placement, as provided in subdivision four
12 of this section.
13 § 4. This act shall take effect immediately; provided, however, that
14 the amendments to clause (b) of subparagraph 3 of paragraph b of subdi-
15 vision 1 of section 4402 of the education law, made by section one of
16 this act, shall not affect the expiration of such clause and shall
17 expire therewith; provided, further, that the amendments to subdivision
18 1 of section 4404 of the education law, made by section three of this
19 act, shall not affect the expiration of such subdivision and shall
20 expire therewith.
