Assembly Bill A7786B

2013-2014 Legislative Session

Requires parental appeal of placement and educational programs to be provided to a child with a handicapping condition to be determined within 90 days

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2013-A7786 - Details

See Senate Version of this Bill:
S5842
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §§4402 & 4404, Ed L

2013-A7786 - Summary

Requires parental appeal of placement and educational program to be provided to a child with a handicapping condition to be determined within 90 days; requires continued implementation of a unilateral parental placement, once such a placement has been judged to be appropriate.

2013-A7786 - Bill Text download pdf

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

                                  7786

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2013
                               ___________

Introduced by M. of A. WEINSTEIN, SILVER, CYMBROWITZ, GOLDFEDER, HIKIND,
  JACOBS,  KELLNER,  LENTOL,  SIMANOWITZ,  TITONE,  WEISENBERG,  WEPRIN,
  TITUS, BRENNAN -- 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

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

  Section 1. Item (i) of clause (b) of subparagraph 3 of paragraph b  of
subdivision  1 of section 4402 of the education law, as amended by chap-
ter 378 of the laws of 2007, is amended to read as follows:
  (i) Make recommendations based upon a written evaluation setting forth
the reasons for the recommendations, to the child's parent or person  in
parental  relation  and board of education or trustees as to appropriate
educational programs and placement in accordance with the provisions  of
subdivision six of section forty-four hundred one-a of this article, and
as  to the advisability of continuation, modification, or termination of
special class or program placements which evaluation shall be  furnished
to  the  child's parent or person in parental relation together with the
recommendations provided, however that the  committee  may  recommend  a
placement  in a school which uses psychotropic drugs only if such school
has a written policy pertaining to such  use  that  is  consistent  with
subdivision  four-a  of section thirty-two hundred eight of this chapter
and that the parent or person in parental relation is given such written
policy at the time such recommendation is made. If  such  recommendation
is  not  acceptable  to  the parent or person in parental relation, such
parent or person in parental relation may appeal such recommendation  as
provided  for in section forty-four hundred four of this [chapter] ARTI-
CLE. PROVIDED, FURTHER, THAT A PARENT'S APPEAL  OF  SUCH  RECOMMENDATION
SHALL  BE  RESOLVED, EITHER THROUGH THE GRANTING OR DENIAL OF THE APPEAL
BY AN IMPARTIAL HEARING OFFICER, OR THE SIGNING OF A  SETTLEMENT  AGREE-
MENT  BETWEEN THE PARENT OR PERSON IN PARENTAL RELATION AND THE BOARD OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11316-03-3
              

co-Sponsors

2013-A7786A - Details

See Senate Version of this Bill:
S5842
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §§4402 & 4404, Ed L

2013-A7786A - Summary

Requires parental appeal of placement and educational program to be provided to a child with a handicapping condition to be determined within 90 days; requires continued implementation of a unilateral parental placement, once such a placement has been judged to be appropriate.

2013-A7786A - Bill Text download pdf

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

                                 7786--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2013
                               ___________

Introduced by M. of A. WEINSTEIN, SILVER, CYMBROWITZ, GOLDFEDER, HIKIND,
  JACOBS,  KELLNER,  LENTOL,  SIMANOWITZ,  TITONE,  WEISENBERG,  WEPRIN,
  TITUS, BRENNAN -- read once and referred to the Committee on Education
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the  education law, in relation to determinations of
  appropriate educational programs for certain students

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

  Section  1. Item (i) of clause (b) of subparagraph 3 of paragraph b of
subdivision 1 of section 4402 of the education law, as amended by  chap-
ter 378 of the laws of 2007, is amended to read as follows:
  (i) Make recommendations based upon a written evaluation setting forth
the  reasons for the recommendations, to the child's parent or person in
parental relation and board of education or trustees as  to  appropriate
educational  programs and placement in accordance with the provisions of
subdivision six of section forty-four hundred one-a of this article, and
as to the advisability of continuation, modification, or termination  of
special  class or program placements which evaluation shall be furnished
to the child's parent or person in parental relation together  with  the
recommendations  provided,  however  that  the committee may recommend a
placement in a school which uses psychotropic drugs only if such  school
has  a  written  policy  pertaining  to such use that is consistent with
subdivision four-a of section thirty-two hundred eight of  this  chapter
and that the parent or person in parental relation is given such written
policy  at  the time such recommendation is made. If such recommendation
is not acceptable to the parent or person  in  parental  relation,  such
parent  or person in parental relation may appeal such recommendation as
provided for in section forty-four hundred four of this [chapter]  ARTI-
CLE.  PROVIDED,  FURTHER,  THAT A PARENT'S APPEAL OF SUCH RECOMMENDATION
SHALL BE RESOLVED, EITHER THROUGH THE GRANTING OR DENIAL OF  THE  APPEAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11316-06-3
              

co-Sponsors

2013-A7786B (ACTIVE) - Details

See Senate Version of this Bill:
S5842
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §§4402 & 4404, Ed L

2013-A7786B (ACTIVE) - Summary

Requires parental appeal of placement and educational program to be provided to a child with a handicapping condition to be determined within 90 days; requires continued implementation of a unilateral parental placement, once such a placement has been judged to be appropriate.

2013-A7786B (ACTIVE) - Bill Text download pdf

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

                                 7786--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2013
                               ___________

Introduced by M. of A. WEINSTEIN, SILVER, CYMBROWITZ, GOLDFEDER, HIKIND,
  JACOBS,  KELLNER,  LENTOL,  SIMANOWITZ,  TITONE,  WEISENBERG,  WEPRIN,
  TITUS, BRENNAN -- read once and referred to the Committee on Education
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee with amendments, ordered reprinted as amended and  recommitted  to
  said committee

AN  ACT  to  amend  the  education law, in relation to determinations of
  appropriate educational programs for certain students

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

  Section  1. Item (i) of clause (b) of subparagraph 3 of paragraph b of
subdivision 1 of section 4402 of the education law, as amended by  chap-
ter 378 of the laws of 2007, is amended to read as follows:
  (i) Make recommendations based upon a written evaluation setting forth
the  reasons for the recommendations, to the child's parent or person in
parental relation and board of education or trustees as  to  appropriate
educational  programs and placement in accordance with the provisions of
subdivision six of section forty-four hundred one-a of this article, and
as to the advisability of continuation, modification, or termination  of
special  class or program placements which evaluation shall be furnished
to the child's parent or person in parental relation together  with  the
recommendations  provided,  however  that  the committee may recommend a
placement in a school which uses psychotropic drugs only if such  school
has  a  written  policy  pertaining  to such use that is consistent with
subdivision four-a of section thirty-two hundred eight of  this  chapter
and that the parent or person in parental relation is given such written
policy  at  the time such recommendation is made. If such recommendation
is not acceptable to the parent or person  in  parental  relation,  such
parent  or person in parental relation may appeal such recommendation as
provided for in section forty-four hundred four of this [chapter]  ARTI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11316-11-3
              

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