Relates to determinations of appropriate educational programs for certain students.

---

S7722A-2011 Actions

• Jul 31, 2012: VETOED MEMO.130
• Jul 20, 2012: DELIVERED TO GOVERNOR
• Jun 21, 2012: returned to senate
• Jun 21, 2012: passed assembly
• Jun 21, 2012: ordered to third reading rules cal.506
• Jun 21, 2012: substituted for a10722a
• Jun 21, 2012: referred to ways and means
• Jun 21, 2012: DELIVERED TO ASSEMBLY
• Jun 21, 2012: PASSED SENATE
• Jun 20, 2012: ORDERED TO THIRD READING CAL.1422
• Jun 18, 2012: PRINT NUMBER 7722A
• Jun 18, 2012: AMEND (T) AND RECOMMIT TO RULES
• Jun 15, 2012: REFERRED TO RULES

S7722A-2011 Meetings

Rules: Jun 21, 2012

S7722A-2011 Calendars

Active List: Jun 21, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S7722A-2011 Votes

S7722A-2011 Memo

BILL NUMBER:S7722A

TITLE OF BILL:
An  act  to  amend the education law, in relation to determinations of
appropriate educational programs for certain students

PURPOSE OR GENERAL IDEA OF BILL:
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 tuition reimbursement in a timely
manner.

SUMMARY OF SPECIFIC PROVISIONS:
Section  1  of  the  bill  requires  the  committee  to  consider  the
educational  impact differences between the school environment and the
child's home environment and family background may have on the child's
ability to receive a free appropriate public education.

Section 2 of the bill requires a school district  to  provide  tuition
reimbursement  for  a  child  unless  the  CSE  amends or modifies the
child's IEP. This section also requires a school district to grant  or
deny  a  parent's request for tuition reimbursement within 90 days. If
the request is granted, tuition must be provided within 30  days  from
the date the request was granted.

Section 3 of the bill contains the effective date.

JUSTIFICATION:
Will  provide for a special education placement process that will help
ensure students  with  disabilities  are  placed  in  the  appropriate
programs and receive tuition reimbursement in a timely manner.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATION:
Undetermined

EFFECTIVE DATE:
Immediately;  provided,  however,  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;
provided,  further, however, that the amendments made to subdivision 1
of section 4404 of the education law made by section two of  this  act
shall  not  affect  the  expiration  of  such subdivision and shall be
deemed to expire therewith.

S7722A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   7722--A

                              I N  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 --  commit-
    tee  discharged, bill amended, ordered reprinted as amended and recom-
    mitted 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. Subclause (i) of clause (b) of subparagraph 3 of  paragraph
  b  of  subdivision 1 of section 4402 of the education law, as amended by
  chapter 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.  THE  DETERMINATION  OF
  APPROPRIATE  EDUCATIONAL  PROGRAMS  AND PLACEMENTS SHALL INCLUDE, UPON A
  REQUEST BY A CHILD'S PARENT OR PERSON IN PARENTAL RELATION,  A  DETERMI-
  NATION OF THE CHILD'S ABILITY TO LEARN IN ANY GIVEN EDUCATIONAL ENVIRON-
  MENT.  SUCH  DETERMINATION  SHALL  TAKE INTO ACCOUNT ANY POSSIBLE EDUCA-
  TIONAL IMPACT DIFFERENCES BETWEEN THE SCHOOL ENVIRONMENT AND THE CHILD'S
  HOME ENVIRONMENT AND FAMILY BACKGROUND MAY HAVE ON THE  CHILD'S  ABILITY
  TO RECEIVE A FREE APPROPRIATE PUBLIC EDUCATION. SUCH DETERMINATION SHALL
  INCLUDE  DOCUMENTATION  AS  TO  WHETHER  THESE  FACTORS WOULD AFFECT THE
  CHILD'S ABILITY TO LEARN. If such recommendation is  not  acceptable  to

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD16255-02-2

 S. 7722--A                          2

  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.  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.
  IF THE SCHOOL DISTRICT GRANTS THE  REQUEST  FOR  TUITION  REIMBURSEMENT,
  SUCH  TUITION REIMBURSEMENT MUST BE PROVIDED WITHIN THIRTY DAYS FROM THE
  DATE THE REQUEST WAS GRANTED.
    S 2. Paragraph a of subdivision 1 of section 4404 of the education law
  is amended by adding a new closing paragraph to read as follows:

    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO  THE
  CONTRARY,  UPON  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  OF  AN  IMPARTIAL
  HEARING  OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILAT-
  ERAL PARENTAL PLACEMENT WAS APPROPRIATE AND THAT  TUITION  REIMBURSEMENT
  SHOULD BE GRANTED FOR SUCH UNILATERAL PLACEMENT, SUCH TUITION REIMBURSE-
  MENT  SHALL  CONTINUE UNTIL THE COMMITTEE ON SPECIAL EDUCATION AMENDS OR
  MODIFIES THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM.
    S 3. This act shall take effect immediately;  provided,  however,  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;  provided, further, however, that the amendments made
  to subdivision 1 of section 4404 of the education law  made  by  section
  two  of this act shall not affect the expiration of such subdivision and
  shall be deemed to expire therewith.