Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 24, 2010 |
held for consideration in education |
Jan 06, 2010 |
referred to education |
May 29, 2009 |
referred to education |
Assembly Bill A8591
2009-2010 Legislative Session
Sponsored By
KELLNER
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Andrew Raia
Daniel Burling
Jane Corwin
Joseph Errigo
multi-Sponsors
Marc Alessi
James Conte
Janet Duprey
Gary Finch
2009-A8591 (ACTIVE) - Details
2009-A8591 (ACTIVE) - Sponsor Memo
BILL NUMBER:A8591 TITLE OF BILL: An act to amend the education law and the civil practice law and rules, in relation to eliminating state review officers; and to repeal certain provisions of such laws relating thereto PURPOSE OR GENERAL IDEA OF BILL: Eliminates one hearing layer from the dispute process for parents or guardians of a student with a disability who are appealing any matter relating to the identification, evaluation, or education placement of that child. SUMMARY OF SPECIFIC PROVISIONS: Removes the state review officer from paragraph c of subdivision 1 of §4404 of the education law and replaces it with the United States district court; repeals subdivisions 2 and 3 of §4404, paragraph d of subdivision 7 of §44I0 and subdivision 5 of §7803 of the civil practice law and rules. JUSTIFICATION: New York is one of very few states that still have a two-tiered system for litigation of special education issues. Parents and advocates have expressed concerns that the State Review Officer is unresponsive to the needs of parents and that process is burdensome. As well, Governor Paterson's first executive order, the creation of the New York State Commission on Property Tax Relief, closely examined the local property tax burden and recommended lowering costs by streamlining this process.
2009-A8591 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8591 2009-2010 Regular Sessions I N A S S E M B L Y May 29, 2009 ___________ Introduced by M. of A. KELLNER, RAIA, BURLING, CORWIN, ERRIGO, JORDAN, McDONOUGH, RABBITT, TOBACCO, TOWNSEND -- Multi-Sponsored by -- M. of A. CONTE -- read once and referred to the Committee on Education AN ACT to amend the education law and the civil practice law and rules, in relation to eliminating state review officers; and to repeal certain provisions of such laws relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph c of subdivision 1 of section 4404 of the educa- tion law, as amended by chapter 583 of the laws of 2007, is amended to read as follows: c. Individuals so appointed by a board of education or a state agency shall be selected from a list of available impartial hearing officers who have successfully completed an impartial hearing officer training program conducted by the department according to a rotation selection process prescribed in regulations of the commissioner; except that a city school district of a city having a population of more than one million inhabitants shall be exempt from such regulations to the extent it maintains its rotational selection process in effect prior to July first, nineteen hundred ninety-three. A record of proceedings before the impartial hearing officer shall be maintained and made available to the parties, and the hearing shall be conducted in accordance with the regu- lations of the commissioner. The board of education or trustees of the school district or the state agency responsible for providing education to students with disabilities shall have the burden of proof, including the burden of persuasion and burden of production, in any such impartial hearing, except that a parent or person in parental relation seeking tuition reimbursement for a unilateral parental placement shall have the burden of persuasion and burden of production on the appropriateness of such placement. The decision of the impartial hearing officer shall be binding upon both parties unless appealed to the [state review officer] EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11460-02-9
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