Relates to special education services and programs for preschool children with handicapping conditions.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the education law, in relation to special education services and programs for preschool children with handicapping conditions
To provide flexibility in the way in which educators and service providers can access a preschool student's individual education plan.
SUMMARY OF PROVISIONS:
Section 1: Amends paragraph d of subdivision 5 of section 4410 of the education law to specify that a copy of a preschool special education student's individual education plan may be provided electronically.
Section 2: Sets forth an immediate effective date.
Currently, a copy of a special education student's individual education plan may be provided electronically for school-ace students (Ch. 279, L. 2012). The electronic option is not, however, available for pre-school students.
The law requires that all individuals responsible for implementing a student's individual education plan (IEP) be provided with a copy of the plan. In 2012, recognizing the efficiencies that could be achieved by utilizing. technology, the Legislature approved and the Governor signed into law Chapter 279, which allowed the requirement to be met electronically for special education students beginning in kindergarten. This bill seeks to expand on the flexibility of that law to allow electronic access for those charged with implementing the IEP of a preschool student.
STATE OF NEW YORK ________________________________________________________________________ 5254 2013-2014 Regular Sessions IN SENATE May 15, 2013 ___________Introduced by Sen. 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 special education services and programs for preschool children with handicapping condi- tions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph d of subdivision 5 of section 4410 of the educa- tion law, as amended by chapter 693 of the laws of 1993, is amended to read as follows: d. If the board disagrees with the recommendation of the committee, it shall set forth in writing a statement of its reasons and send the recommendation back to the committee, a notice of which shall be furnished to the preschool child's parent and the municipality in which the preschool child resides. In the event a board refers the recommenda- tion back to the committee for reconsideration, the board shall also notify the parent and the committee in writing of the need to schedule a meeting to ensure timely placement. If the determination is for two or more related services, where possible, the board shall select from the list maintained by the municipality pursuant to paragraph c of subdivi- sion nine of this section such related service providers that are employed by a single agency for the provision of such services. The board shall provide each related service provider with
[a copy of the individualized education program and]the name and location of each related service provider AND A COPY OF THE INDIVIDUALIZED EDUCATION PROGRAM OR SUCH SERVICE PROVIDER SHALL BE ABLE TO ACCESS SUCH STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM ELECTRONICALLY; PROVIDED, HOWEVER, IF THE POLICY PROVIDES THAT THE STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM IS TO BE ACCESSED ELECTRONICALLY, THEN SUCH POLICY SHALL ALSO ENSURE THAT THE INDIVIDUALS RESPONSIBLE FOR THE IMPLEMENTATION OF A STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM SHALL BE NOTIFIED AND TRAINED ON HOW TOEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09407-02-3 S. 5254 2
ACCESS SUCH INDIVIDUALIZED EDUCATION PROGRAMS ELECTRONICALLY. The board shall designate one of the service providers to coordinate the provision of the related services. If the determination is for special education itinerant services and one or more related services, the special educa- tion itinerant service provider shall be responsible for the coordi- nation of such services pursuant to regulations of the commissioner. S 2. This act shall take effect immediately.