Bill S5361-2013

Eliminates the requirement for written parental consent prior to initial placement of a student with a disability in a July/August program

Eliminates the requirement for written parental consent prior to initial placement of a student with a disability in a July/August program.

Details

Actions

  • Mar 25, 2014: referred to education
  • Mar 25, 2014: DELIVERED TO ASSEMBLY
  • Mar 25, 2014: PASSED SENATE
  • Mar 13, 2014: ADVANCED TO THIRD READING
  • Mar 12, 2014: 2ND REPORT CAL.
  • Mar 11, 2014: 1ST REPORT CAL.261
  • Jan 8, 2014: REFERRED TO EDUCATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 5, 2013: referred to education
  • Jun 5, 2013: DELIVERED TO ASSEMBLY
  • Jun 5, 2013: PASSED SENATE
  • Jun 4, 2013: ADVANCED TO THIRD READING
  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.916
  • May 16, 2013: REFERRED TO EDUCATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Education - May 30, 2013
Ayes (17): Flanagan, Farley, Lanza, LaValle, Little, Marcellino, Maziarz, Ranzenhofer, Robach, Seward, Valesky, Latimer, Addabbo, Breslin, Montgomery, Stavisky, Tkaczyk
Ayes W/R (1): Avella
VOTE: COMMITTEE VOTE: - Education - Mar 11, 2014
Ayes (17): Flanagan, Farley, Lanza, LaValle, Little, Marcellino, Maziarz, Ranzenhofer, Robach, Seward, Valesky, Avella, Latimer, Addabbo, Breslin, Stavisky, Tkaczyk
Nays (1): Montgomery

Memo

BILL NUMBER:S5361

TITLE OF BILL: An act to amend the education law, in relation to eliminating the requirement for written parental consent prior to initial placement of a student with a disability in a July/August program;

PURPOSE: To streamline the process of providing July/August programs to students with disabilities.

SUMMARY OF PROVISIONS:

Section 1: Amends section 4402(2)(a) of the education law to remove the duplicative requirement that school districts obtain the written consent of the parent prior to the initial placement of the student in a summer program.

Section 2: Sets forth an immediate effective date.

JUSTIFICATION: Some students require a full twelve month educational program to maintain educational progress. The decision to provide July/August services to a special education student will be made at the initial meeting of the committee on special education, where the individual education plan is memorialized. This plan must be consented to by the parent/guardian. However, current law requires the written consent of the parent, again, at the beginning of the July/August program. Such consent is required, even though the parent provided written consent to the twelve month program as a whole. This duplicative requirement can cause confusion for parents, and often leads to a delay in providing vital educational services to the student. Therefore, this bill will allow for student's to receive continued access to their educational program, as consented to by the parent, without delay.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Possible savings to local school districts.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5361 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sens. FLANAGAN, FELDER -- 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 eliminating the requirement for written parental consent prior to initial placement of a student with a disability in a July/August program; THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 2 of section 4402 of the educa- tion law, as amended by chapter 243 of the laws of 1989, is amended to read as follows: a. The board of education or trustees of each school district shall be required to furnish suitable educational opportunities for [children with handicapping conditions] STUDENTS WITH DISABILITIES by one of the special services or programs listed in subdivision two of section forty-four hundred one OF THIS ARTICLE. The need of the individual child shall determine which of such services shall be rendered. Each district shall provide to the maximum extent appropriate such services in a manner which enables [children with handicapping conditions] STUDENTS WITH DISABILITIES to participate in regular education services when appropriate. Such services or programs shall be furnished between the months of September and June of each year, except that for the nineteen hundred eighty-seven--eighty-eight school year and thereafter, with respect to the students whose [handicapping conditions] DISABILITIES are severe enough to exhibit the need for a structured learning environment of twelve months duration to maintain developmental levels, the board of education or trustees of each school district upon the recommendation of the committee on special education [and, in the first instance, the consent of the parent] shall also provide, either directly or by contract, for the provision of special services and programs as defined in section forty-four hundred one of this article during the months of July and August as contained in the individualized education program for
each eligible [child] STUDENT, and with prior approval by the commis- sioner if required; provided that [(i) a student with a handicapping condition who is first eligible to attend public school in the nineteen hundred eighty-seven--eighty-eight school year shall not be eligible to receive services pursuant to this paragraph during the months of July and August nineteen hundred eighty-seven and (ii) a student with a handicapping condition who is first eligible to attend public school in the nineteen hundred eighty-eight--eighty-nine school year shall not be eligible to receive services pursuant to this paragraph during the months of July and August nineteen hundred eighty-eight and (iii) a student with a handicapping condition who is eligible for services during the months of July and August nineteen hundred eighty-nine pursu- ant to the provisions of subdivision six of section forty-four hundred ten of this article shall not be eligible to receive services pursuant to this paragraph during such months and (iv)] a student with a [handi- capping condition] DISABILITY who is eligible for services, including services during the months of July and August, pursuant to section forty-four hundred ten of this article shall not be eligible to receive services pursuant to this paragraph during the months of July and August. S 2. This act shall take effect immediately.

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