Establishes an office of special education services within the state education department to administer programs for children with disabilities to be headed by an assistant commissioner appointed by the board of regents.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3469
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the education law, in relation to providing for an
office of special education services to administer programs for children
with disabilities
PURPOSE:
To establish within the State Education Department (SED) an Office of
Special Education. Services to administer programs for children with
disabilities.
SUMMARY OF PROVISIONS:
The education law is amended by adding a new section, 4111, which estab-
lishes, within SED, an Office of Special Education Services. This bill
provides that the OSES will be the principal office administering
programs for the education of children with disabilities. In addition,
this legislation provides for the position of assistant commissioner to
direct the work of the Office of Special Education Services. The Assist-
ant Commissioner shall be appointed by the Board of Regents and serve at
their pleasure. The legislation also provides for the establishment of
three bureau chiefs to assist the Assistant Commissioner.
JUSTIFICATION:
As a result of the reorganization at the State Education Department, the
Office of Special Education Services and the Assistant Commissioner
position which oversees it has been eliminated. This office has served
as a vital link between parents, educators and the department. In addi-
tion, the office has played an important role in the implementation of
the federal special education mandates.
The Office of Special Education Services is essential to the coordi-
nation and oversight of New York's special education programs. OSES
currently provides its constituents with both a regional and centrally
coordinated management system. The dismantling and redistribution of
OSES staff would ultimately impede and erode the quality of services
available to children with disabilities. The statutory establishment of
the Office of Special Education Services and the position of the Assist-
ant: Commissioner will provide for the continued consideration of
special education needs at the highest level of the State Education
Department.
LEGISLATIVE HISTORY:
2022 01/05/22 A3756 referred to education
2019-2020 A3454 referred to Education
2017-2018 A761 referred to education
01/30/13 referred to education
01/08/14 referred to education
01/06/15 referred to libraries and education technology
FISCAL IMPLICATIONS:
This proposal is revenue neutral since 98.2 of all personal costs are
paid by federal funds.
LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
3469
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to providing for an
office of special education services to administer programs for chil-
dren with disabilities
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 section 4411
2 to read as follows:
3 § 4411. Office of special education services. 1. There is hereby
4 created in the department an office of special education services. The
5 head of the office shall be an assistant commissioner who shall be
6 appointed by the board of regents and who shall hold office at the plea-
7 sure of the board of regents.
8 2. The office of special education services shall be the principal
9 agency for administering and conveying the provisions of this article
10 relating to programs and activities for the education of children with
11 disabilities.
12 3. The assistant commissioner appointed pursuant to this section shall
13 direct the work of the office and shall be the chief executive officer
14 of the office reporting directly to the commissioner. Such assistant
15 commissioner may appoint such officers and employees as he or she may
16 deem necessary, prescribe their duties, fix their compensation, and
17 provide for the reimbursement of their expenses, all within amounts made
18 available therefor by state and federal appropriations; provided that
19 there shall be not less than six officers consisting of three division
20 directors and three bureau chiefs to assist the assistant commissioner.
21 § 2. This act shall take effect on the first of July next succeeding
22 the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08208-01-3
