S7225A-2011 Actions

• Jun 18, 2012: PRINT NUMBER 7225A
• Jun 18, 2012: AMEND (T) AND RECOMMIT TO EDUCATION
• May 2, 2012: REFERRED TO EDUCATION

S7225A-2011 Memo

BILL NUMBER:S7225A

TITLE OF BILL:
An act
to amend the education law, in relation to certain information about
special education upon entry to school

PURPOSE:
School districts are already required under law to find, identify
and provide
services for students with disabilities. This bill simply informs the
availability of those existing services. This information is currently
provided to any parent in any meaningful manner.

SUMMARY OF PROVISIONS:
Section 4402 of the Education Law is amended by adding a new
subdivision 8 as described in the bill.

JUSTIFICATION:
Current law provides that a referral for special education evaluation
can be made by the student's parent, a school district employee, licensed
physician and/or others formally involved in the student's
education and care.
Unfortunately, parents are often unaware of their right to refer
their child themselves. Most school districts in the
state are responsive
to the needs of students and most referrals to the Committee
on Special Education are presently made by the school when a
disability is suspected.

In some instances, though, the parents may suspect a disability
knowledge about their child that the school district might have
overlooked or are unaware of. In these cases, it is vital that the
parent be
equipped with the tools they need to advocate for their child and
to access the evaluations and services they are entitled to under
law. This information is not currently provided to any parent
in any meaningful manner.

This bill would require the school district to provide this
information to
parents upon the child's enrollment or attendance in a
public school. The bill
allows the notification to be referral of parents to the State
Education
Department's website that contains information about parent's rights
in this regard, as well as the name and contact for the school
district's Committee on Special Education.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect July 1, 2013.

S7225A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 7225--A
 I N  SENATE
 May 2, 2012
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
 printed to be committed to the Committee  on  Education  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 AN  ACT  to  amend the education law, in relation to certain information
 about special education upon entry to school
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  4402 of the education law is amended by adding a
 new subdivision 8 to read as follows:

 8. UPON THEIR CHILD'S ENROLLMENT OR ATTENDANCE  IN  A  PUBLIC  SCHOOL,
 SUCH  SCHOOL SHALL NOTIFY EVERY PARENT OR PERSON IN PARENTAL RELATION OF
 THEIR RIGHTS REGARDING REFERRAL AND EVALUATION OF THEIR  CHILD  FOR  THE
 PURPOSES  OF SPECIAL EDUCATION SERVICES OR PROGRAMS PURSUANT TO APPLICA
 BLE FEDERAL AND STATE LAWS. SUCH NOTIFICATION MAY BE PROVIDED BY DIRECT
 ING PARENTS OR  PERSONS  IN  PARENTAL  RELATION  TO  OBTAIN  INFORMATION
 LOCATED  ON  THE  DEPARTMENT'S  WEBSITE  RELATING TO A PARENT'S GUIDE TO
 SPECIAL EDUCATION IN NEW YORK STATE  FOR  CHILDREN  AGES  THREE  THROUGH
 TWENTY-ONE  PROVIDED  THE  NOTIFICATION  SHALL ALSO CONTAIN THE NAME AND
 CONTACT INFORMATION FOR THE CHAIRPERSON OF THE SCHOOL DISTRICT'S COMMIT
 TEE ON SPECIAL EDUCATION OR OTHER INDIVIDUAL WHO IS CHARGED  WITH  PROC
 ESSING REFERRALS TO THE COMMITTEE IN THE DISTRICT.
 

S  2. This act shall take effect July 1, 2013.  Effective immediately,
 the addition, amendment and/or repeal of any rules or regulations neces
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made on or before such date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15313-11-2

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