A10722A-2011 Actions

• Jun 21, 2012: substituted by s7722a
• Jun 20, 2012: ordered to third reading rules cal.506
• Jun 20, 2012: rules report cal.506
• Jun 20, 2012: reported
• Jun 20, 2012: reported referred to rules
• Jun 19, 2012: reported referred to ways and means
• Jun 18, 2012: print number 10722a
• Jun 18, 2012: amend and recommit to education
• Jun 17, 2012: referred to education

A10722A-2011 Text

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

                                  10722--A

                            I N  ASSEMBLY

                                June 17, 2012
                                 ___________

  Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
    -- read once and referred 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 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.
                                                             LBD16310-07-2

 A. 10722--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.