Relates to committees on preschool special education and the requirement that parents attend meetings of the committee.
BILL NUMBER:S4880 REVISED 5/3/13
TITLE OF BILL: An act to amend the education law, in relation to committees on preschool special education
PURPOSE: This legislation would enable school districts to have one consistent set of requirements with respect to the additional parent member for committees on special education.
SUMMARY OF PROVISIONS: Amends the Education Law Section 4410 to provide that the additional parent member on the Committee on Preschool Special Education (CPSE) would only be required at the CPSE meeting if requested in writing at least 72 hours prior to the meeting by the parents/guardians, student or member of the CPSE. The parents/guardians of the student would receive written notice of their right to have an additional parent attend any meeting of the CPSE regarding the student. The notice would be accompanied by a statement prepared by the State Education Department that explains the purpose of having the additional parent attend the meeting.
JUSTIFICATION: New York State uniquely requires that Individualized Education Program (IEP) teams include a "parent member," separate and in addition to a child's own parent, when convening an annual review of a child's IEP. Although this additional parent member may provide insight into the IEP process, no part of the IEP development is dependent on the additional parent member's expertise.
The New York City Department of Education holds approximately 40,000 preschool Individualized Education Program (IEP) meetings annually, with as many hours spent on IEP development. Since the additional parent member cannot be an employee of the school district, the district cannot mandate his or her attendance. As a result, the school district must rely upon the availability of volunteers. This prolongs and increases the expense of IEP development.
The elimination of automatic stipend payments and transportation reimbursements for these parent volunteers when their participation is not requested would save the Department of Education $42,000 annually. By streaming the process, the proposal would also result in additional operational savings.
Notably, legislation enacted last year removed the additional parent member mandate for the school age committees on special education. This legislation would enable school districts to have one consistent set of requirements with respect to the additional parent member for committees on special education.
This bill was requested by City of New York.
LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: To be determined.
LOCAL FISCAL IMPLICATIONS: This bill would save the NYC Department of Education $42,000 annually. By streamlining the process, the proposal would also result in additional operational savings.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4880 2013-2014 Regular Sessions IN SENATE April 29, 2013 ___________Introduced by Sens. FELDER, FLANAGAN -- 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 committees on preschool special education THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph 1 of paragraph a of subdivision 3 of section 4410 of the education law, as amended by chapter 378 of the laws of 2007, is amended to read as follows: (1) Such board shall ensure that such committee is composed of at least the following members: (i) the parents of the preschool child; (ii) a regular education teacher of such child, whenever the child is or may be participating in a regular education environment; (iii) a special education teacher of the child or, if appropriate, a special education provider of the child; (iv) an appropriate professional employed by the school district who is qualified to provide, or supervise the provision of, special education, who is knowledgeable about the general curriculum of the school district and the availability of preschool special educa- tion programs and services and other resources in the school district and the municipality, and who shall serve as chairperson of the commit- tee; (v) an additional parent of a child with a disability who resides in the school district or a neighboring school district and whose child is enrolled in a preschool or elementary level education program, provided that such parent shall not be employed by or under contract with the school district or municipality, and provided further that such additional parent shall not be a required member if the parents request that such additional parent member not participate; (vi) an individual who can interpret the instructional implications of evaluation results, provided that such individual may be the member appointed pursuant to clause (ii), (iii), (iv) or (vii) of this subparagraph where such indi- viduals are determined by the school district to have the knowledge andEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10452-01-3 S. 4880 2
expertise to do so; (vii) such other persons having knowledge or exper- tise regarding the child as the board or the parents shall designate, to the extent required under federal law; and for a child in transition from programs and services provided pursuant to applicable federal laws relating to early intervention services, at the request of the parent or person in parental relation to the child, the appropriate professional designated by the agency that has been charged with the responsibility for the preschool child pursuant to said applicable federal laws. In addition, the chief executive officer of the municipality of the preschool child's residence shall appoint an appropriately certified or licensed professional to the committee. Attendance of the appointee of the municipality shall not be required for a quorum. THE ADDITIONAL PARENT NEED NOT BE IN ATTENDANCE AT ANY MEETING OF THE COMMITTEE ON PRESCHOOL SPECIAL EDUCATION UNLESS SPECIFICALLY REQUESTED IN WRITING, AT LEAST SEVENTY-TWO HOURS PRIOR TO SUCH MEETING, BY THE PARENTS OR OTHER PERSON IN PARENTAL RELATION TO THE STUDENT IN QUESTION OR A MEMBER OF THE COMMITTEE ON PRESCHOOL SPECIAL EDUCATION. THE PARENTS OR PERSONS IN PARENTAL RELATION OF THE STUDENT IN QUESTION SHALL RECEIVE PROPER WRIT- TEN NOTICE OF THEIR RIGHT TO HAVE AN ADDITIONAL PARENT ATTEND ANY MEET- ING OF THE COMMITTEE REGARDING THE STUDENT ALONG WITH A STATEMENT, PREPARED BY THE DEPARTMENT, EXPLAINING THE ROLE OF HAVING THE ADDITIONAL PARENT ATTEND THE MEETING. S 2. This act shall take effect immediately; provided, however, that the amendments to subparagraph (1) of paragraph a of subdivision 3 of section 4410 of the education law made by section one of this act shall not affect the expiration of such subparagraph and shall be deemed to expire therewith.