S T A T E   O F   N E W   Y O R K
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                                 4880--A
    Cal. No. 644

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 29, 2013
                               ___________

Introduced  by Sens. FELDER, FLANAGAN -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Education  --
  committee  discharged  and  said  bill  committed to the New York City
  Education Subcommittee -- reported favorably  from  said  subcommittee
  and committed to the Committee on Education -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

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

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

                                                           LBD10452-03-3

S. 4880--A                          2

additional parent shall  not  be  a  required  member  [if]  UNLESS  the
parents,  OR  A  MEMBER OF THE COMMITTEE ON PRESCHOOL SPECIAL EDUCATION,
request that such additional parent member [not] participate IN  ACCORD-
ANCE  WITH  THIS  SUBPARAGRAPH; (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 individuals are determined
by the school district to have the knowledge and  expertise  to  do  so;
(vii)  such  other  persons  having knowledge or expertise 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 profes-
sional 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 WRITTEN NOTICE
OF THEIR RIGHT TO HAVE AN ADDITIONAL PARENT ATTEND ANY  MEETING  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.