Bill S6686-2011

Makes permanent certain provisions relating to the implementation of the federal individuals with disabilities education improvement act of 2004

Makes permanent certain provisions relating to the implementation of the federal individuals with disabilities education improvement act of 2004.

Details

  • Versions
  • Sponsor:
  • Multi-sponsor(s):
  • Co-sponsor(s):
  • Law Section:
  • Law:

Actions

  • Jun 14, 2012: RECOMMIT, ENACTING CLAUSE STRICKEN
  • Apr 25, 2012: ADVANCED TO THIRD READING
  • Apr 19, 2012: 2ND REPORT CAL.
  • Apr 18, 2012: 1ST REPORT CAL.505
  • Mar 9, 2012: REFERRED TO EDUCATION

Meetings

Votes

VOTE: COMMITTEE VOTE: - Education - Apr 18, 2012
Ayes (16): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky
Excused (2): Oppenheimer, Huntley

Memo

BILL NUMBER:S6686

TITLE OF BILL: An act to amend chapter 352 of the laws of 2005, amending the education law relating to implementation of the federal individuals with disabilities education improvement act of 2004 and to amend chapter 378 of the laws of 2007 amending the education law relating to the implementation of the federal individuals with disabilities education improvement act of 2004, in relation to the effectiveness thereof; and to repeal subdivision (a) of section 8 of chapter 430 of the laws of 2006, amending the education law relating to implementation of the federal individuals with disabilities education improvement act of 2004, relating thereto

PURPOSE OF THE BILL:

The purpose of the bill is to conform the provisions of the Education Law to the federal Individuals with Disabilities Education Act (IDEA), as amended by the Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446) and the final federal regulations implementing IDEA 2004 (34 C.F.R. Part 300). This bill is necessary in order to ensure that New York State will continue to be in compliance with the new requirements of IDEA in the 2012-13 school year. As a condition of federal funding under Part B of IDEA, the United States Department of Education (USED) has required that states provide an assurance that the State and its local educational agencies will be in compliance with the requirements of IDEA.

SUMMARY OF THE PROVISIONS OF THE BILL:

This bill proposes to make permanent the series of amendments to the Education Law made by Chapter 352 of the Laws of 2005, Chapter 430 of the Laws of 2006 and Chapter 378 of the Laws of 2007 relating to New York's compliance with IDEA.

STATEMENT IN SUPPORT OF THE BILL:

This bill would conform the Education Law to the IDEA by permanently adopting amendments to align state requirements with IDEA as amended by the Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446) and the final federal regulations implementing IDEA 2004 (34 C.F.R. Part 300). Failure to permanently conform provisions of Education Law to the reauthorized IDEA and all provisions of the federal Part 300 regulations, which became effective on October 13, 2006, would result in a conflict between New York law and federal law and regulations that could expose both the state and school districts to legal challenge and possible loss of federal funds and would deny students with disabilities, parents and school districts the benefits they are intended to receive from the reforms made by IDEA.

The United States Department of Education (USED) requires the State to assure compliance with the new IDEA that went into effect on July 1,

2005. States were given until June 30, 2007 to conform their state laws to the new IDEA and the new Part 300 regulations.

Chapter 352 of the Laws of 2005, Chapter 430 of the Laws of 2006 and Chapter 378 of the Laws of 2007 were enacted to bring New York into compliance with the IDEA, but all three acts will sunset on June 30, 2012.

Failure to continue the alignment of New York law with the new IDEA could result in a loss or delay of funding under Part B of IDEA. The United States Department of Education (USED) requires the State, prior to expenditure of its use of federal funds for state-level activities, to certify that arrangements to establish responsibility for services pursuant to 20 U.S.C. §1412(a)(12)(A) are current. Therefore, to ensure that the State is not prohibited from expending its federal state administration funds of more than $13 million to implement the IDEA or subject to more drastic sanctions for noncompliance with the IDEA, the provisions in Education Law enacted by these three prior acts must be extended or made permanent as proposed in this bill.

BUDGETARY IMPLICATIONS OF THE BILL:

Failure to comply with IDEA could place New York's allocation of funds under Part B of IDEA (approximately $13 million in funds for state administration in 2007-08 and $699 million in toto) in jeopardy. This bill would not result in any increased costs to the State.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

EFFECTIVE DATE:

This act would take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6686 IN SENATE March 9, 2012 ___________
Introduced by Sen. FLANAGAN -- (at request of the State Education Department) -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend chapter 352 of the laws of 2005, amending the education law relating to implementation of the federal individuals with disa- bilities education improvement act of 2004 and to amend chapter 378 of the laws of 2007 amending the education law relating to the implemen- tation of the federal individuals with disabilities education improve- ment act of 2004, in relation to the effectiveness thereof; and to repeal subdivision (a) of section 8 of chapter 430 of the laws of 2006, amending the education law relating to implementation of the federal individuals with disabilities education improvement act of 2004, relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 22 of chapter 352 of the laws of 2005, amending the education law relating to implementation of the federal individuals with disabilities education improvement act of 2004, as amended by chapter 206 of the laws of 2009, is amended to read as follows: S 22. This act shall take effect July 1, 2005, provided, however, if this act shall become a law after such date it shall take effect imme- diately and shall be deemed to have been in full force and effect on and after July 1, 2005[; and provided further, however, that sections one through four and six through twenty-one of this act shall expire and be deemed repealed June 30, 2012, and section five of this act shall expire and be deemed repealed June 30, 2012]. S 2. Subdivision (a) of section 8 of chapter 430 of the laws of 2006, amending the education law relating to implementation of the federal individuals with disabilities education improvement act of 2004 is REPEALED. S 3. Subdivisions c and d of section 27 of chapter 378 of the laws of 2007, amending the education law relating to implementation of the federal individuals with disabilities education improvement act of 2004,
subdivision d as amended by chapter 206 of the laws of 2009, are amended to read as follows: c. the amendments to subdivision 7 of section 3602-c of the education law made by section four of this act shall first apply to charges for costs of services, evaluation and committee on special education admin- istration that relate to the provision of special education programs and services to students attending nonpublic schools for the 2007-2008 school year and shall be deemed to have been in full force on and after June 30, 2007[; and d. the provisions of this act shall expire and be deemed repealed June 30, 2012]. S 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after June 30, 2012.

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