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A07216 Summary:

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A07216 Floor Votes:

A07216 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7216--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 19, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
          Committee on Education -- recommitted to the Committee on Education in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 

        AN ACT to amend the education law, in relation to the additional  parent
          member of committees on special education
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Clause (b) of subparagraph 1 of paragraph b of  subdivision
     2  1 of section 4402 of the education law, as amended by chapter 378 of the
     3  laws of 2007, is amended to read as follows:
     4    (b)  In  determining  the  composition  of  such committee pursuant to
     5  clause (a) of this subparagraph, a school district may determine that  a
     6  member  appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
     7  (ix) of clause (a) of this subparagraph also fulfills the requirement of
     8  subclause (vi) of clause (a) of this subparagraph of a member who is  an
     9  individual  who  can  interpret the instructional implications of evalu-

    10  ation results where  such  individuals  are  determined  by  the  school
    11  district  to  have  the  knowledge  and expertise to do so and/or that a
    12  member appointed pursuant to subclause (iii) or (iv) of  clause  (a)  of
    13  this  subparagraph  also  fulfills  the  requirement of subclause (v) of
    14  clause (a) of this subparagraph of a member who is a  representative  of
    15  the  school district. The regular education teacher of the student shall
    16  participate in the development, review and revision of  the  individual-
    17  ized  education  program  for  the student, to the extent required under
    18  federal law. The school physician need not be in attendance at any meet-
    19  ing of the committee on special education unless specifically  requested
    20  in  writing,  at  least  seventy-two  hours prior to such meeting by the
    21  parents or other person in parental relation to the student in question,

    22  the student, or a member of the  committee  on  special  education.  The
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10902-02-2
        A. 7216--A                          2
 
     1  parents or persons in parental relation of the student in question shall
     2  receive  proper  written notice of their right to have the school physi-
     3  cian attend the meetings of the  committee  on  special  education  upon
     4  referral  of said student to the committee on special education or when-
     5  ever such committee plans to modify or change the identification, evalu-
     6  ation or educational placement  of  the  student  [and  their  right  to

     7  request  that an additional parent member not participate at any meeting
     8  of the committee regarding the student]. The additional parent need  not
     9  be  in  attendance  at any meeting of the committee on special education
    10  unless specifically requested in writing,  at  least  seventy-two  hours
    11  prior  to  such  meeting  by  the  parents  or  other person in parental
    12  relation to the student in question, the student, or  a  member  of  the
    13  committee  on  special  education.  The  parents  or persons in parental
    14  relation of the student in question shall receive proper written  notice
    15  of  their  right  to have an additional parent attend any meeting of the
    16  committee regarding the student along with a statement, prepared by  the

    17  department,  explaining  the role of having the additional parent attend
    18  the meeting. The committee shall invite  the  appropriate  professionals
    19  most  familiar with a student's disability or disabilities to attend any
    20  meeting concerning the educational program for such student.  Except  as
    21  otherwise  provided  in  this  clause  or  clause (b-1) or (b-2) of this
    22  subparagraph, all members of such committee shall attend meetings of the
    23  committee on special education.
    24    § 2. Clause (b) of subparagraph 1 of paragraph b of subdivision  1  of
    25  section 4402 of the education law, as amended by chapter 311 of the laws
    26  of 1999, is amended to read as follows:
    27    (b)  In  determining  the  composition  of  such committee pursuant to
    28  clause (a) of this subparagraph, a school district may determine that  a

    29  member  appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
    30  (ix) of clause (a) of this subparagraph also fulfills the requirement of
    31  subclause (vi) of clause (a) of this subparagraph of a member who is  an
    32  individual  who  can  interpret the instructional implications of evalu-
    33  ation results where  such  individuals  are  determined  by  the  school
    34  district  to  have  the  knowledge  and expertise to do so and/or that a
    35  member appointed pursuant to subclause (iii) or (iv) of  clause  (a)  of
    36  this  subparagraph  also  fulfills  the  requirement of subclause (v) of
    37  clause (a) of this subparagraph of a member who is a  representative  of
    38  the  school district. The regular education teacher of the student shall
    39  participate in the development, review and revision of  the  individual-
    40  ized  education  program  for  the student, to the extent required under

    41  federal law. The school physician need not be in attendance at any meet-
    42  ing of the committee on special education unless specifically  requested
    43  in  writing,  at  least  seventy-two  hours prior to such meeting by the
    44  parents or other person in parental relationship to the student in ques-
    45  tion, the student, or a member of the committee  on  special  education.
    46  The  parents or persons in parental relationship of the student in ques-
    47  tion shall receive proper written notice of  their  right  to  have  the
    48  school  physician attend the meetings of the committee on special educa-
    49  tion upon referral of said student to the committee on special education
    50  or whenever such committee plans to modify or change the identification,
    51  evaluation or educational placement of the student [and their  right  to
    52  request  that an additional parent member not participate at any meeting

    53  of the committee regarding the student].  The additional parent need not
    54  be in attendance at any meeting of the committee  on  special  education
    55  unless  specifically  requested  in  writing, at least seventy-two hours
    56  prior to such meeting  by  the  parents  or  other  person  in  parental
        A. 7216--A                          3
 
     1  relation  to  the  student  in question, the student, or a member of the
     2  committee on special education.  The  parents  or  persons  in  parental
     3  relation  of the student in question shall receive proper written notice
     4  of  their  right  to have an additional parent attend any meeting of the
     5  committee regarding the student along with a statement, prepared by  the

     6  department,  explaining  the role of having the additional parent attend
     7  the meeting. The committee shall invite  the  appropriate  professionals
     8  most  familiar with a student's disability or disabilities to attend any
     9  meeting concerning the educational program for such student. Members  of
    10  such committee shall serve at the pleasure of such board and members who
    11  are  neither  employees  of  nor under contract with such district shall
    12  serve without compensation except that such members shall be entitled to
    13  a per diem to defray expenses incurred in such service, provided, howev-
    14  er, that any expense incurred  shall  be  deemed  an  aidable  operating
    15  expense for purposes of state aid.
    16    §  3.  This act shall take effect immediately; provided, however, that
    17  the amendments to clause (b) of subparagraph 1 of paragraph b of  subdi-

    18  vision  1  of  section  4402 of the education law made by section one of
    19  this act shall be subject to the expiration and reversion of such clause
    20  pursuant to subdivision d of section 27 of chapter 378 of  the  laws  of
    21  2007,  as  amended, when upon such date the provisions of section two of
    22  this act shall take effect.