Relates to establishing a community-based program providing supports and services for individuals with neurologically-based learning disorders to re-engage with school or adult education.
STATE OF NEW YORK
________________________________________________________________________
9280
IN ASSEMBLY
April 7, 2014
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to establishing communi-
ty-based programs providing supports and services for individuals with
neurologically-based learning disorders to re-engage with school or
adult education
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new article 94 to
2 read as follows:
3 ARTICLE 94
4 YOUTH AND ADULTS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS
5 Section 4650. Definitions.
6 4651. Program for community-based programs providing supports
7 and services for individuals with neurologically-based
8 learning disorders to re-engage with school or adult
9 education.
10 § 4650. Definitions. The following terms shall have the following
11 meanings when used in this article:
12 1. "Neurologically-based learning disorders" shall mean a disorder
13 resulting in deficits in executive functioning and/or deficits in one or
14 more of the basic psychological processes involved in understanding or
15 in using language, spoken or written, that may manifest itself in the
16 imperfect ability to listen, think, speak, read, write, spell, or to do
17 mathematical calculations, including conditions such as perceptual disa-
18 bilities, brain injury, minimal brain dysfunction, dyslexia, and devel-
19 opmental aphasia.
20 2. "Executive functioning" shall mean the management, regulation
21 and/or control of cognitive processes including working memory, reason-
22 ing, task flexibility, and problem solving as well as planning, and
23 execution.
24 3. "Individual with neurologically-based learning disorders" ("indi-
25 vidual") shall mean an individual, age seventeen or older, with a diag-
26 nosed or suspected neurologically-based learning disorder or a related
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14633-01-4
A. 9280 2
1 neurological impairment who is not enrolled in school, an adult basis
2 education program, a high school equivalency diploma program or a career
3 school; or an individual with a diagnosed or suspected neurologically-
4 based learning disorder or related neurological impairment enrolled in
5 an adult basic education program, a high school equivalency diploma
6 program, a career school or similar educational program but who is not
7 demonstrating a level of success with such program that would likely
8 lead to graduation or successful completion.
9 4. "Individual education and employment plan" shall mean a person-cen-
10 tered written document developed by a community-based program providing
11 supports and services for an individual with a neurologically-based
12 learning disorder, developed with the participation of that individual.
13 Such plan shall include a statement of the individual's current level of
14 academic achievement; a description of how the individual's disability
15 and learning style affects his or her participation in their desired
16 educational program; a statement of measurable goals, including func-
17 tional, educational and career goals; a statement describing the
18 supports and services to be provided to such individual by the communi-
19 ty-based program in order to meet those goals; and a statement of educa-
20 tional accommodations and modifications required by the individual to
21 achieve success in his or her desired educational program, which may
22 include assistive technology.
23 5. "Soft skills" shall mean personal attributes that enhance an indi-
24 vidual's social interactions, educational achievement, job performance
25 and career prospects.
26 6. "Service navigation" shall mean services that identify community
27 resources that could benefit the individual's quality of life and educa-
28 tional and employment goals by targeting the specific community agencies
29 and organizations that will help individuals attain their specific
30 needs. Service navigation also helps the individual coordinate multiple
31 services, obtain necessary accommodations for their disability, and
32 seeks to ensure that the individual understands how to advocate for
33 themselves in social, education, and employment settings.
34 7. "Assistive technology" shall mean any item, piece of equipment, or
35 product system, whether acquired commercially, modified, or customized,
36 that is used to increase, maintain, or improve functional capabilities
37 of individuals with neurologically-based learning disorders.
38 8. "Community-based programs providing supports and services for indi-
39 viduals with neurologically-based learning disorders" shall mean a New
40 York state based not-for-profit organization with five years or more
41 experience providing community-based supports and services for individ-
42 uals with neurologically-based learning disorders.
43 § 4651. Program for community-based programs providing supports and
44 services for individuals with neurologically-based learning disorders to
45 re-engage with school or adult education. 1. There is hereby established
46 under the exercise of authority and control of the commissioner a
47 program for community-based programs providing supports and services for
48 individuals with neurologically-based learning disorders to re-engage
49 with school or adult education.
50 2. The purpose of such program as described in subdivision one of this
51 section shall be to provide supports and services for individuals with
52 neurologically-based learning disorders, as defined in section forty-
53 nine hundred fifty of this article, to attain necessary skills, and
54 where possible, necessary resources to achieve success in education and
55 employment. School-age individuals with neurologically-based learning
56 disorders will receive necessary supports and services for achieving
A. 9280 3
1 success in public or private school, while individuals older than school
2 age will be provided necessary supports and services for such individ-
3 uals to achieve success in adult basic education programs, adult litera-
4 cy programs, or career schools. A goal for all such individuals will be
5 legal employment paying minimum wage or better and in settings that are
6 fully integrated with persons with no identified disabilities.
7 3. Community-based programs providing supports and services for indi-
8 viduals with neurologically-based learning disorders will be eligible to
9 receive funding pursuant to this act for the purposes of providing
10 supports and services described in this section for individuals with
11 neurologically-based learning disorders.
12 4. Community-based programs funded pursuant to this section will:
13 (a) Establish that individuals meet the definition of "individual with
14 neurologically-based learning disorders" in order to receive supports
15 and services in accordance with this program. For persons presenting for
16 services who do not meet this definition, community-based programs shall
17 make reasonable efforts to refer such individuals to programs that may
18 better meet their needs.
19 (b) Assess the functional, educational and vocational needs of
20 enrolled individuals in accordance with the purposes of this program as
21 described in this section with a written needs assessment.
22 (c) Assist the individual in acquiring necessary documentation to
23 establish that such individuals meet the definition of individual with a
24 neurologically-based learning disorder, and for providing services and
25 supports as specified in the individual's education and employment plan.
26 (d) Develop an individual education and employment plan for each indi-
27 vidual enrolled to receive supports and services under the terms of this
28 article. Such plan shall have a primary goal of the individual achieving
29 the necessary skills and knowledge for successful transition to school,
30 adult education or career training, as appropriate for that individual.
31 (e) Provide supports and services to enrolled individuals in accord-
32 ance with the individual education and employment plan. Such services
33 shall include soft skills training and service navigation. Such services
34 may also include but not be limited to assistive technology, functional
35 literacy instruction, self advocacy skills training and such other
36 supports and services as may be specified in the individual education
37 and employment plan.
38 (f) Upon completion of this program, community-based programs will
39 refer individuals to a school, adult education program or career train-
40 ing program. Community-based programs will provide for the individual a
41 written transition plan identifying the specific actions the individual
42 must do to successfully transition to the educational program. Communi-
43 ty-based programs will to the extent practicable assist individuals in
44 securing a successful transition.
45 § 2. This act shall take effect one hundred twenty days after it shall
46 have become a law.
