Relates to determinations of appropriate educational programs for certain students.
TITLE OF BILL: An act to amend the education law, in relation to the consideration of cultural factors for the purposes of special education placement
PURPOSE: To allow cultural-educational factors to be considered when developing an appropriate special education placement.
SUMMARY OF PROVISIONS: Section 1: Provides that because cultural-educational factors are considered when evaluating a student with disabilities, such factors shall also be considered when determining the appropriateness of a special education placement. Provides that tuition reimbursement shall continue without further application or delay so long as the placement remains appropriate. Further provides that a school district shall grant or deny a parent's request for tuition reimbursement within 90 days from the date the request is received.
Section 2: Sets forth the effective date.
Presently, when evaluating a student with disabilities, the evaluation must include an examination of physical, mental, emotion and cultural-educational factors. It follows that when the evaluation determines any of these factors to have an adverse impact on the student's ability to learn, such factors should also be considered when developing an individual education plan and appropriate placement. However, current practice does not always ensure that such identified factors are considered. To ensure that special education students do in fact receive a free, appropriate, public education, it is imperative that both the evaluation and placement of a student consider the student's physical, mental, emotional, and cultural-educational factors.
Furthermore, significant savings can be achieved for both the school district and parent by streamlining the tuition reimbursement process when placement of a student in a nonpublic school is determined to be the appropriate placement.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: 120 days after the bill becomes law, provided, however, that the amendments to clause (b) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law made by section one of this act shall not affect the expiration of such clause and
shall be deemed to expire therewith. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 7722 IN SENATE June 15, 2012 ___________Introduced by Sens. FLANAGAN, SKELOS -- 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 the consideration of cultural factors for the purposes of special education placement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Clauses (a) and (b) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law, clause (a) as amended by chapter 53 of the laws of 1991 and clause (b) as amended by chapter 378 of the laws of 2007, are amended to read as follows: (a) Obtain, review and evaluate all relevant information, including but not limited to that presented by the parent, person in parental relationship and teacher, pertinent to each child suspected of or iden- tified as having a handicapping condition, including the results of a physical examination performed in accordance with sections nine hundred three, nine hundred four and nine hundred five of this chapter and, where determined to be necessary by a school psychologist, an appropri- ate psychological evaluation performed by a qualified private or school psychologist, and other appropriate assessments as necessary to ascer- tain the physical, mental, emotional and cultural-educational factors, INCLUDING THE EDUCATIONAL IMPACT ON THE STUDENT OF ANY SUCH FACTORS which may contribute to the suspected or identified handicapping condi- tion, and all other school data which bear on the child's progress, including, where appropriate, observation of classroom performance. (b) (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 onlyEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16255-01-2 S. 7722 2
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 AN EVALUATION CONDUCTED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH IDENTIFIES CULTURAL-EDUCATIONAL FACTORS WHICH MAY ADVERSELY IMPACT THE STUDENT'S ABILITY TO LEARN, SUCH FACTORS SHALL BE CONSIDERED WHEN EVALU- ATING THE APPROPRIATENESS OF A RECOMMENDED PLACEMENT. (II) 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]ARTICLE. IF A PARENT, OR PERSON IN PARENTAL RELATION PREVAILS UPON APPEAL AND IS THEREFORE ENTITLED TO TUITION REIMBURSEMENT, OR UPON AGREEMENT WITH THE SCHOOL DISTRICT THAT RESULTS IN TUITION REIMBURSEMENT, SUCH REIMBURSEMENT SHALL CONTINUE FOR THE DURATION OF THE PLACEMENT. PROVIDED FURTHER THAT REIMBURSEMENT SHALL CONTINUE WITHOUT FURTHER APPLICATION OR DELAY SO LONG AS THE PLACEMENT REMAINS APPROPRIATE. FOR PURPOSES OF THIS SECTION, SUCH PLACEMENT SHALL BE DEEMED APPROPRIATE UPON DETERMINATION THAT THE PARENT IS ELIGIBLE FOR TUITION REIMBURSEMENT EITHER BY PREVAILING UPON APPEAL OR PURSUANT TO AN AGREEMENT WITH THE DISTRICT THAT RESULTS IN SUCH REIMBURSEMENT. PROVIDED FURTHER THAT PURSUANT TO SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE A SCHOOL DISTRICT SHALL GRANT OR DENY A PARENT'S REQUEST FOR TUITION REIMBURSEMENT WITHIN NINETY DAYS FROM THE DATE SUCH REQUEST IS RECEIVED. [(ii)](III) Notwithstanding any provisions of this clause or clause (a) of this subparagraph to the contrary, in making changes to a student's individualized education program after the annual review has been conducted, the parent or person in parental relation to the student and the school district may agree not to convene a meeting of the committee on special education for the purpose of making those changes, and instead may develop a written document to amend or modify the student's current individualized education program under the following circumstances: (A) The parent or person in parental relation makes a request to the school district for an amendment to the individualized education program and the school district and such parent or person in parental relation agree in writing; or (B) The school district provides the parent or person in parental relation with a written proposal to amend a provision or provisions of the individualized education program that is conveyed in language under- standable to the parent or person in parental relation in such parent's or such person's native language or other [dominate]DOMINANT mode of communication, informs and allows the parent or person in parental relation the opportunity to consult with the appropriate personnel or related service providers concerning the proposed changes and the parent or person in parental relation agrees in writing to such amendments. (C) If the parent or person in parental relation agrees to amend the individualized education program without a meeting, the parent or person in parental relation shall be provided prior written notice of the changes to the individualized education program resulting from such written document and the special education committee shall be notified of such changes. If the school district makes such changes by rewriting the entire individualized education program, it shall provide the parent or person in parental relation with a copy of the rewritten individual- ized education program. If the school district amends the individualized education program without rewriting the entire document, the schoolS. 7722 3
district shall provide the parent or person in parental relation with a copy of the document that amends or modifies the individualized educa- tion program or, upon request of the parent or person in parental relation, a revised copy of the individualized education program with the amendments incorporated. Amendments to an individualized education program pursuant to this subitem shall not affect the requirement that the special education committee review the individualized education program at the annual meeting, or more often if necessary. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law, provided, however, that the amendments to clause (b) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law made by section one of this act shall not affect the expiration of such clause and shall be deemed to expire ther- ewith. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.