Provides an exception to high school athletic competition eligibility by permitting pupils with a developmental or physical disability to compete for a fifth year.

---

S4082-2011 Actions

• Jun 21, 2012: RECOMMITTED TO RULES
• Jun 21, 2012: ORDERED TO THIRD READING CAL.1456
• Jun 21, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jan 4, 2012: REFERRED TO EDUCATION
• Mar 16, 2011: REFERRED TO EDUCATION

S4082-2011 Meetings

Rules: Jun 21, 2012

S4082-2011 Calendars

Floor Calendar: Jun 21, 2012

S4082-2011 Votes

S4082-2011 Memo

BILL NUMBER:S4082

TITLE OF BILL:
An act
to amend the education law, in relation to eligibility for senior high
school athletic competition

PURPOSE AND JUSTIFICATION:
An act to add a new Section 3208-b of the
Education Law to allow high school students with a developmental or
physical disability to continue participation in interscholastic
sports for a fifth year.

SUMMARY OF SPECIFIC PROVISIONS:
The bill would direct the Commissioner
of Education to draft a regulation that would allow a school district
superintendent and athletic director to apply for a waiver of the
four-year limitation on eligibility for interscholastic athletic
competition when a student has a developmental or physical disability.

This regulation also sets forth the guidelines by which the school
district's Section of the New York State Public High School Athletic
Association can grant such a waiver.

JUSTIFICATION:
The public education system entrusts the state with the
responsibility for education of the whole person, including
character, knowledge and other skills and abilities.
Participation in interscholastic sports helps students in the
development of the whole person by contributing to social skills,
self-esteem and team building.

This new section of law is necessary to support models of inclusion
and give special needs students the opportunity to participate in
sporting activities.

For at least two decades, educators have explored with success various
models of inclusion to incorporate special needs students into
regular public school classrooms and school activities.
However, in the athletic arena, the Commissioner of Education's
regulations and Education Law have not evolved to reflect these newer
models.

This law is named after Jordan Maliken, a 20 year-old special needs
senior at Amherst High School, who sought to continue participating
interscholastic Track and Field for a fifth year but was denied the
opportunity under previous law.

PRIOR LEGISLATIVE HISTORY:
2010 - S.6054/A.8913 -- EDUCATION/Education

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S4082-2011 Text

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

                                    4082

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 16, 2011
                                 ___________

  Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
    when printed to be committed to the Committee on Education

  AN ACT to amend the education law, in relation to eligibility for senior
    high school athletic competition

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


    Section 1. The education law is amended by adding a new section 3208-b
  to read as follows:

    S  3208-B.  ELIGIBILITY  FOR  SENIOR HIGH SCHOOL ATHLETIC COMPETITION;
  DISABILITY EXCEPTION.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS  TO
  ALLOW  A  WAIVER  OF  THE FOUR-YEAR LIMITATION ON ELIGIBILITY FOR SENIOR
  HIGH SCHOOL ATHLETIC COMPETITION WHEN A STUDENT WITH A DEVELOPMENTAL  OR
  PHYSICAL  DISABILITY, WHO IS OTHERWISE QUALIFIED TO COMPETE AND HAS BEEN
  SELECTED FOR SUCH COMPETITION IN THE PAST, HAS NOT  YET  GRADUATED  HIGH
  SCHOOL. THE COMMISSIONER SHALL DEFINE DEVELOPMENTAL OR PHYSICAL DISABIL-
  ITY  FOR  PURPOSES  OF  THIS  WAIVER  IN ACCORDANCE WITH PART 200 OF THE
  COMMISSIONER'S REGULATIONS.  SUCH  WAIVER  SHALL  BE  REQUESTED  BY  THE
  ATHLETIC  DIRECTOR  OF  SUCH  STUDENT'S SCHOOL AND THE SUPERINTENDENT OF
  SUCH SCHOOL'S DISTRICT AND MAY BE  GRANTED  BY  SUCH  SCHOOL  DISTRICT'S
  SECTION  OF  THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC ASSOCIATION.
  SUCH WAIVER SHALL ONLY ALLOW PARTICIPATION ON AN UNOFFICIAL, NON-SCORING
  BASIS IN A NON-CONTACT OR NON-COLLISION  SPORT,  PROVIDED  THAT  ANOTHER
  QUALIFIED  STUDENT,  WHO  IS  OTHERWISE ELIGIBLE FOR COMPETITION, IS NOT
  DENIED THE OPPORTUNITY TO PARTICIPATE.
    S 2. This act shall take effect immediately.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02532-01-1