S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7728

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2013
                               ___________

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  referrals  to  state
  adult service agencies for certain students with disabilities who have
  reached the age of 18; and to repeal clause (d-2) of subparagraph 3 of
  paragraph  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  disabili-
  ties

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subparagraphs 5 and 7 of paragraph b of subdivision  1  of
section  4402 of the education law, subparagraph 5 as amended by chapter
256 of the laws of 1988 and subparagraph 7 as amended by chapter 194  of
the laws of 1991, are amended to read as follows:
  (5)  The  committee  on  special  education or, in the case of a state
operated school,  the  multidisciplinary  team  shall  [provide  written
notice  that  a child who is placed in those residential programs speci-
fied in paragraphs d, g, h and l of subdivision two  of  section  forty-
four hundred one of this article is not entitled to receive tuition free
educational  services after the age of twenty-one, the receipt of a high
school diploma or  the  time  described  in  subdivision  five  of  this
section.  Such  written notice shall be provided to the child and to the
parents or legal guardian of such child when such child attains the  age
of eighteen or, if such child is over the age of eighteen when placed in
such  a  residential  program,  at the time of placement. Upon the first
annual review after the age of fifteen of a child who is receiving  non-
residential special services or programs as specified in paragraph a, b,
c,  d,  e,  f,  i,  j,  l  or m of subdivision two of section forty-four
hundred one of  this  article,  or  is  receiving  special  services  or
programs  in  a  day program at the human resources school; is receiving

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11077-01-3
              

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such special services or programs one hundred per centum of  the  school
day;  is  receiving  individualized attention or intervention because of
intensive management needs or a severe handicap; and, as  determined  by
the committee on special education or multidisciplinary team pursuant to
regulations  promulgated  by  the  commissioner, may need adult services
from the office of mental  health,  office  of  mental  retardation  and
developmental  disabilities,  the state department of social services, a
social services district, or the state education department, the commit-
tee or multidisciplinary team shall provide to such  child's  parent  or
guardian,  and  if  such child is eighteen years of age or older, to the
child, written notice that such child is not entitled to receive tuition
free educational services after the receipt of a  high  school  diploma,
the  age of twenty-one or the time described in subdivision five of this
section.] NOT LATER THAN THE  ANNUAL  REVIEW  PRIOR  TO  THE  EIGHTEENTH
BIRTHDAY  OF  A STUDENT WITH A DISABILITY WHO IS PLACED IN A RESIDENTIAL
PROGRAM BY THE COMMITTEE OR MULTIDISCIPLINARY TEAM, OR A STUDENT WITH  A
DISABILITY WHO IS PLACED IN A DAY PROGRAM BUT THE COMMITTEE OR MULTIDIS-
CIPLINARY  TEAM  HAS  DETERMINED  THAT  THE STUDENT IS LIKELY TO REQUIRE
ADULT RESIDENTIAL SERVICES, WITH THE CONSENT OF THE PARENTS, NOTIFY  AND
INVITE  A  REPRESENTATIVE  OF  THE  OFFICE  OF MENTAL HEALTH, OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, OR THE STATE  EDUCATION  DEPART-
MENT,  AS APPROPRIATE, TO PARTICIPATE IN THE COMMITTEE ON SPECIAL EDUCA-
TION MEETING FOR THE DEVELOPMENT OF A RECOMMENDATION FOR ADULT  SERVICES
PURSUANT  TO  SECTION  7.37  OR 13.37 OF THE MENTAL HYGIENE LAW, SECTION
THREE HUNDRED NINETY-EIGHT-C OF  THE  SOCIAL  SERVICES  LAW  OR  SECTION
FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE. THE COMMITTEE OR MULTIDISCI-
PLINARY TEAM SHALL GIVE THE PARENT OR GUARDIAN OF THE CHILD, THE  OPPOR-
TUNITY  TO  CONSENT IN WRITING TO THE RELEASE OF RELEVANT INFORMATION TO
SUCH OTHER PUBLIC AGENCY OR AGENCIES, UPON REQUEST  OF  SUCH  AGENCY  OR
AGENCIES,  FOR  PURPOSES  OF  DETERMINING  APPROPRIATENESS  OF  AN ADULT
PROGRAM FOR SUCH STUDENT.
  (a) [Written notice given pursuant to this subparagraph shall describe
in detail the opportunity to consent to have the child's name and  other
relevant information forwarded in a report to the commissioner of mental
health,  commissioner  of mental retardation and developmental disabili-
ties, commissioner of social services, or commissioner of education,  or
their  designees, for the purpose of determining whether such child will
likely need adult services  and,  if  so,  recommending  possible  adult
services.]  For the purposes of this subparagraph "relevant information"
shall be defined as that information in the possession of  and  used  by
the  committee  or the multidisciplinary team to ascertain the physical,
mental, emotional and cultural-educational factors which  contribute  to
the [child's handicapping condition] STUDENT'S DISABILITY, including but
not  limited  to: (i) results of physical and psychological examinations
performed by private and school district physicians  and  psychologists;
(ii) relevant information presented by the parent, guardian and teacher;
(iii) school data which bear on the [child's] STUDENT'S progress includ-
ing   the  [child's]  STUDENT'S  most  recent  individualized  education
program; (iv) results of the most recent  examinations  and  evaluations
performed  pursuant  to  clause  (d) of subparagraph three of this para-
graph; and (v) results of other suitable  evaluations  and  examinations
possessed  by  the  committee or multidisciplinary team. Nothing in this
subparagraph shall be construed to require any committee or  multidisci-
plinary  team  to  perform  any  examination or evaluation not otherwise
required by law.

A. 7728                             3

  (b) Upon consent obtained pursuant to [clause (c)  of]  this  subpara-
graph,  the  committee  or  multidisciplinary  team  shall  forward  the
[child's] STUDENT'S name and other relevant information in a  report  to
the  [commissioner  of mental health, commissioner of mental retardation
and  developmental  disabilities,  commissioner  of  social services, or
commissioner of education, or their designees, for the development of  a
recommendation  for  adult services pursuant to section 7.37 or 13.37 of
the mental hygiene law, section  three  hundred  ninety-eight-c  of  the
social  services  law  or  subdivision ten of section forty-four hundred
three of this article. The] APPROPRIATE PUBLIC AGENCY AS  DETERMINED  BY
THE  committee  or multidisciplinary team [shall determine which commis-
sioner shall receive the report by considering], BASED UPON the [child's
handicapping  condition]  STUDENT'S  DISABILITY  and  physical,  mental,
emotional  and social needs.  The committee shall forward additional and
updated relevant information to  the  [commissioner  of  mental  health,
commissioner  of  mental  retardation  and  developmental  disabilities,
commmissioner of social services, or commissioner of education, or their
designees,] APPROPRIATE PUBLIC AGENCY upon the request for such informa-
tion by such [commissioner or designee] AGENCY, WITH THE CONSENT OF  THE
PARENTS, OR THE STUDENT, IF SUCH STUDENT IS EIGHTEEN YEARS OR OLDER.
  (c) [Upon receipt of the notice by the child pursuant to this subpara-
graph,  the child, if eighteen years of age or older, shall be given the
opportunity to consent or withhold consent to the release of  the  rele-
vant  information. Such opportunity shall be given within twenty days of
the receipt of the notice. An appropriate member of  the  staff  of  the
educational  facility  shall be available to assist the child, if neces-
sary, to understand the contents of the notice and the need for  his  or
her  consent  for  the  release  of  the  relevant  information. A form,
prescribed by the commissioner, shall be  presented  to  the  child  for
response, which shall clearly set forth the options of giving consent or
withholding  consent.  In  the  event  that  the child exercises neither
option, and the designated member of the staff of the educational facil-
ity has reason to believe that the child may not be able  to  understand
the  purpose  of  the  form, or in the event that the child is less than
eighteen years of age, the committee on special education or the  multi-
disciplinary  team  shall  give  the parent or guardian of the child the
opportunity to consent in writing to the release of the relevant  infor-
mation.  Nothing in this clause shall be construed to be a determination
of the child's mental capacity.
  (d)] When the committee or multidisciplinary team is notified  by  the
[commissioner  who]  PUBLIC  AGENCY  WHICH received the report that such
state agency is not responsible for determining and  recommending  adult
services  for  the  child, the committee or multidisciplinary team shall
forward the report to another [commissioner] PUBLIC AGENCY; or,  if  the
committee  or  multidisciplinary  team  determines  that  there exists a
dispute as to which state agency has the responsibility for  determining
and recommending adult services, the committee or multidisciplinary team
may  forward  the  report  to the council on children and families for a
resolution of such dispute.
  [(e) The committee and multidisciplinary team shall prepare and submit
an annual report to the state education department on or before  October
first of each year. Such annual report shall contain the number of cases
submitted  to  each  commissioner  pursuant to clause (b) or (d) of this
subparagraph, the  type  and  severity  of  the  handicapping  condition
involved  with each such case, the number of notices received which deny
responsibility for determining  and  recommending  adult  services,  and

A. 7728                             4

other  information  necessary for the state education department and the
council on children and families to monitor the need for adult services.
Such annual report shall not contain individually  identifying  informa-
tion. The state education department shall forward a copy of such annual
report to the council on children and families. All information received
by  the  council  on children and families pursuant to this subparagraph
shall be subject to the confidentiality requirements of the department.
  (f) For purposes of this  subparagraph,  the  term  "multidisciplinary
team"  refers  to  the  unit  which  operates  in lieu of a committee on
special education with respect to children in state operated schools.
  (7)] (6) The committee on special education shall provide  a  copy  of
the  handbook  for  parents  of  children with [handicapping conditions]
DISABILITIES established under subdivision eight of section  four  thou-
sand  four  hundred  three  of this article or a locally approved [hand-
icapped] booklet FOR  PARENTS  OF  CHILDREN  WITH  DISABILITIES  to  the
parents or person in parental relationship to a child as soon as practi-
cable after such child has been referred for evaluation to the committee
on special education.
  S 2. Clause (d-2) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
  S 3. This act shall take effect immediately.