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Memo

BILL NUMBER:S5510

TITLE OF BILL: An act to amend the education law, in relation to the additional parent member of committees on special education

PURPOSE: This bill will enable parents to decide whether to have the additional parent or person in a parental relationship to the student included as a member on the committee on special education (CSE).

SUMMARY OF PROVISIONS: This bill amends subclause (viii) of clause (a) of subparagraph 1 of paragraph 2 (b) of subdivision 1 of section 4402 of the education law, by eliminating the automatic requirement that an additional parent member serve on all committees on special education. It replaces it with a requirement that such member must be appointed at the request of a parent of the student whose individualized education plan (IEP) is being reviewed. School districts will be required to notify parents of this option to request participation of the additional parent.

EXISTING LAW: New York state uniquely requires that IEP teams include a "parent member," in addition to a child's own parent, when convening an annual review of a child's IEP. Although a parent member may provide insight into the IEP process, no part of the IEF development is dependent on the additional parent member's expertise.

JUSTIFICATION:: This bill will provide much needed mandate relief to the Committee on Special Education (CSE). The New York city Department of Education holds approximately 150,000 IEP meetings annually, with as many hours spent on IEP development.

The elimination of automatic stipend payments and transportation reimbursements for these parent volunteers would save the DOE approximately $460,000 annually. By streamlining the process, the proposal would also result in additional operational savings.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the state. Savings of approximately $460,000 annually to the NYC DOE.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

5510

2011-2012 Regular Sessions

IN SENATE

May 26, 2011
___________

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 the additional  parent
  member of committees on special education

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

  Section 1. Subclause (viii) of clause (a) of subparagraph 1  of  para-
graph  b  of  subdivision  1  of  section  4402 of the education law, as
amended by chapter 194 of the laws  of  2004,  is  amended  to  read  as
follows:
  (viii)  IF  REQUESTED BY THE PARENT OR PERSON IN PARENTAL RELATIONSHIP
TO THE STUDENT, an additional parent, residing in the school district or
a neighboring school district, of a student  with  a  disability,  of  a
student who has been declassified and is no longer eligible for an indi-
vidualized  education program (IEP), or a parent of a disabled child who
has graduated, for a period of five years beyond the student's declassi-
fication or graduation, provided such parent shall not be employed by or
under contract with the school district[, and provided further that such
additional parent shall not be a required member if the parents  request
that  such  additional  parent  member not participate]. DISTRICTS SHALL
PROVIDE PARENTS AND PERSONS IN  PARENTAL  RELATIONSHIP  TO  THE  STUDENT
NOTICE  OF  THE  RIGHT  TO  REQUEST  THE  PARTICIPATION OF AN ADDITIONAL
PARENT;
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11845-01-1