Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to education returned to senate died in assembly |
Jun 24, 2013 |
referred to ways and means |
Jun 21, 2013 |
delivered to assembly passed senate |
Jun 20, 2013 |
ordered to third reading cal.1573 |
Jun 18, 2013 |
print number 5842a |
Jun 18, 2013 |
amend and recommit to rules |
Jun 17, 2013 |
referred to rules |
Senate Bill S5842A
2013-2014 Legislative Session
Sponsored By
(D) 22nd Senate District
Archive: Last Bill Status - In Senate Committee Education Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2013-S5842 - Details
- See Assembly Version of this Bill:
- A7786
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §§4402 & 4404, Ed L
2013-S5842 - Sponsor Memo
BILL NUMBER:S5842 TITLE OF BILL: An act to amend the education law, in relation to determinations of appropriate educational programs for certain students PURPOSE: This purpose of this bill is provide for a special education placement process that will help ensure students with disabilities are placed in the appropriate programs and receive resolution of their impartial due process hearing and tuition reimbursement in a timely manner. SUMMARY OF PROVISIONS OF BILL: Section 1 of the bill would require a parent's appeal of a district's special education placement recommendation to be resolved via settlement or decision of the impartial hearing officer within any applicable time periods prescribed by federal law. It further provides that upon the signing of a written settlement agreement between a child's parent or person in parental relation and the board of education or trustees of a school district or a state agency, or the decision, order or judgment of an impartial hearing officer, state review officer or a court finding that a unilateral parental placement was appropriate and that tuition payment should be
2013-S5842 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5842 2013-2014 Regular Sessions I N S E N A T E June 17, 2013 ___________ Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law, in relation to determinations of appropriate educational programs for certain students THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Item (i) of clause (b) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law, as amended by chap- ter 378 of the laws of 2007, is amended to read as follows: (i) Make recommendations based upon a written evaluation setting forth the reasons for the recommendations, to the child's parent or person in parental relation and board of education or trustees as to appropriate educational programs and placement in accordance with the provisions of subdivision six of section forty-four hundred one-a of this article, and as to the advisability of continuation, modification, or termination of special class or program placements which evaluation shall be furnished to the child's parent or person in parental relation together with the recommendations provided, however that the committee may recommend a placement in a school which uses psychotropic drugs only if such school has a written policy pertaining to such use that is consistent with subdivision four-a of section thirty-two hundred eight of this chapter and that the parent or person in parental relation is given such written policy at the time such recommendation is made. If such recommendation is not acceptable to the parent or person in parental relation, such parent or person in parental relation may appeal such recommendation as provided for in section forty-four hundred four of this [chapter] ARTI- CLE. PROVIDED, FURTHER, THAT A PARENT'S APPEAL OF SUCH RECOMMENDATION SHALL BE RESOLVED, EITHER THROUGH THE GRANTING OR DENIAL OF THE APPEAL BY AN IMPARTIAL HEARING OFFICER, OR THE SIGNING OF A SETTLEMENT AGREE- MENT BETWEEN THE PARENT OR PERSON IN PARENTAL RELATION AND THE BOARD OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11316-07-3
2013-S5842A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7786
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §§4402 & 4404, Ed L
2013-S5842A (ACTIVE) - Summary
Requires parental appeal of placement and educational program to be provided to a child with a handicapping condition to be determined within 90 days; requires continued implementation of a unilateral parental placement, once such a placement has been judged to be appropriate.
2013-S5842A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5842A TITLE OF BILL: An act to amend the education law, in relation to determinations of appropriate educational programs for certain students PURPOSE: This purpose of this bill is provide for a special education placement process that will help ensure students with disabilities are placed in the appropriate programs and receive resolution of their impartial due process hearing and tuition reimbursement in a timely manner. SUMMARY OF PROVISIONS OF BILL: Section 1 of the bill would require a parent's appeal of a district's special education placement recommendation to be resolved via settlement, or decision of the impartial hearing officer, or by a state review officer, within any applicable time periods prescribed by federal law. This provision would further state that nothing contained within such provision would be deemed to prohibit any parent or school district from seeking judicial review by any court of competent jurisdiction. It further provides that upon the signing of a written settlement agreement between a child's parent or person in parental relation and
2013-S5842A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5842--A 2013-2014 Regular Sessions I N S E N A T E June 17, 2013 ___________ Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to determinations of appropriate educational programs for certain students THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Item (i) of clause (b) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law, as amended by chap- ter 378 of the laws of 2007, is amended to read as follows: (i) Make recommendations based upon a written evaluation setting forth the reasons for the recommendations, to the child's parent or person in parental relation and board of education or trustees as to appropriate educational programs and placement in accordance with the provisions of subdivision six of section forty-four hundred one-a of this article, and as to the advisability of continuation, modification, or termination of special class or program placements which evaluation shall be furnished to the child's parent or person in parental relation together with the recommendations provided, however that the committee may recommend a placement in a school which uses psychotropic drugs only if such school has a written policy pertaining to such use that is consistent with subdivision four-a of section thirty-two hundred eight of this chapter and that the parent or person in parental relation is given such written policy at the time such recommendation is made. If such recommendation is not acceptable to the parent or person in parental relation, such parent or person in parental relation may appeal such recommendation as provided for in section forty-four hundred four of this [chapter] ARTI- CLE. PROVIDED, FURTHER, THAT A PARENT'S APPEAL OF SUCH RECOMMENDATION SHALL BE RESOLVED, EITHER THROUGH THE GRANTING OR DENIAL OF THE APPEAL BY AN IMPARTIAL HEARING OFFICER, OR BY A STATE REVIEW OFFICER, OR THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11316-10-3
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