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

                                  9280

                          I N  A S S E M B L Y

                              April 7, 2014
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to establishing  communi-
  ty-based programs providing supports and services for individuals with
  neurologically-based  learning  disorders  to re-engage with school or
  adult education

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The education law is amended by adding a new article 94 to
read as follows:
                                ARTICLE 94
      YOUTH AND ADULTS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS
SECTION 4650. DEFINITIONS.
        4651. PROGRAM FOR COMMUNITY-BASED  PROGRAMS  PROVIDING  SUPPORTS
                AND  SERVICES  FOR INDIVIDUALS WITH NEUROLOGICALLY-BASED
                LEARNING DISORDERS TO RE-ENGAGE  WITH  SCHOOL  OR  ADULT
                EDUCATION.
  S  4650.  DEFINITIONS.  THE  FOLLOWING  TERMS SHALL HAVE THE FOLLOWING
MEANINGS WHEN USED IN THIS ARTICLE:
  1. "NEUROLOGICALLY-BASED LEARNING DISORDERS"  SHALL  MEAN  A  DISORDER
RESULTING IN DEFICITS IN EXECUTIVE FUNCTIONING AND/OR DEFICITS IN ONE OR
MORE  OF  THE BASIC PSYCHOLOGICAL PROCESSES INVOLVED IN UNDERSTANDING OR
IN USING LANGUAGE, SPOKEN OR WRITTEN, THAT MAY MANIFEST  ITSELF  IN  THE
IMPERFECT  ABILITY TO LISTEN, THINK, SPEAK, READ, WRITE, SPELL, OR TO DO
MATHEMATICAL CALCULATIONS, INCLUDING CONDITIONS SUCH AS PERCEPTUAL DISA-
BILITIES, BRAIN INJURY, MINIMAL BRAIN DYSFUNCTION, DYSLEXIA, AND  DEVEL-
OPMENTAL APHASIA.
  2.  "EXECUTIVE  FUNCTIONING"  SHALL  MEAN  THE  MANAGEMENT, REGULATION
AND/OR CONTROL OF COGNITIVE PROCESSES INCLUDING WORKING MEMORY,  REASON-
ING,  TASK  FLEXIBILITY,  AND  PROBLEM  SOLVING AS WELL AS PLANNING, AND
EXECUTION.
  3. "INDIVIDUAL WITH NEUROLOGICALLY-BASED LEARNING  DISORDERS"  ("INDI-
VIDUAL")  SHALL MEAN AN INDIVIDUAL, AGE SEVENTEEN OR OLDER, WITH A DIAG-
NOSED OR SUSPECTED NEUROLOGICALLY-BASED LEARNING DISORDER OR  A  RELATED

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

                                                           LBD14633-01-4

A. 9280                             2

NEUROLOGICAL  IMPAIRMENT  WHO  IS NOT ENROLLED IN SCHOOL, AN ADULT BASIS
EDUCATION PROGRAM, A HIGH SCHOOL EQUIVALENCY DIPLOMA PROGRAM OR A CAREER
SCHOOL;   OR   AN   INDIVIDUAL   WITH   A   DIAGNOSED    OR    SUSPECTED
NEUROLOGICALLY-BASED  LEARNING  DISORDER OR RELATED NEUROLOGICAL IMPAIR-
MENT ENROLLED IN AN ADULT BASIC EDUCATION PROGRAM, A HIGH SCHOOL  EQUIV-
ALENCY  DIPLOMA  PROGRAM, A CAREER SCHOOL OR SIMILAR EDUCATIONAL PROGRAM
BUT WHO IS NOT DEMONSTRATING A LEVEL OF SUCCESS WITH SUCH  PROGRAM  THAT
WOULD LIKELY LEAD TO GRADUATION OR SUCCESSFUL COMPLETION.
  4. "INDIVIDUAL EDUCATION AND EMPLOYMENT PLAN" SHALL MEAN A PERSON-CEN-
TERED  WRITTEN DOCUMENT DEVELOPED BY A COMMUNITY-BASED PROGRAM PROVIDING
SUPPORTS AND SERVICES FOR  AN  INDIVIDUAL  WITH  A  NEUROLOGICALLY-BASED
LEARNING  DISORDER, DEVELOPED WITH THE PARTICIPATION OF THAT INDIVIDUAL.
SUCH PLAN SHALL INCLUDE A STATEMENT OF THE INDIVIDUAL'S CURRENT LEVEL OF
ACADEMIC ACHIEVEMENT; A DESCRIPTION OF HOW THE  INDIVIDUAL'S  DISABILITY
AND  LEARNING  STYLE  AFFECTS  HIS OR HER PARTICIPATION IN THEIR DESIRED
EDUCATIONAL PROGRAM; A STATEMENT OF MEASURABLE  GOALS,  INCLUDING  FUNC-
TIONAL,  EDUCATIONAL  AND  CAREER  GOALS;  A  STATEMENT  DESCRIBING  THE
SUPPORTS AND SERVICES TO BE PROVIDED TO SUCH INDIVIDUAL BY THE  COMMUNI-
TY-BASED PROGRAM IN ORDER TO MEET THOSE GOALS; AND A STATEMENT OF EDUCA-
TIONAL  ACCOMMODATIONS  AND  MODIFICATIONS REQUIRED BY THE INDIVIDUAL TO
ACHIEVE SUCCESS IN HIS OR HER DESIRED  EDUCATIONAL  PROGRAM,  WHICH  MAY
INCLUDE ASSISTIVE TECHNOLOGY.
  5.  "SOFT SKILLS" SHALL MEAN PERSONAL ATTRIBUTES THAT ENHANCE AN INDI-
VIDUAL'S SOCIAL INTERACTIONS, EDUCATIONAL ACHIEVEMENT,  JOB  PERFORMANCE
AND CAREER PROSPECTS.
  6.  "SERVICE  NAVIGATION"  SHALL MEAN SERVICES THAT IDENTIFY COMMUNITY
RESOURCES THAT COULD BENEFIT THE INDIVIDUAL'S QUALITY OF LIFE AND EDUCA-
TIONAL AND EMPLOYMENT GOALS BY TARGETING THE SPECIFIC COMMUNITY AGENCIES
AND ORGANIZATIONS THAT  WILL  HELP  INDIVIDUALS  ATTAIN  THEIR  SPECIFIC
NEEDS.  SERVICE NAVIGATION ALSO HELPS THE INDIVIDUAL COORDINATE MULTIPLE
SERVICES, OBTAIN NECESSARY  ACCOMMODATIONS  FOR  THEIR  DISABILITY,  AND
SEEKS  TO  ENSURE  THAT  THE  INDIVIDUAL UNDERSTANDS HOW TO ADVOCATE FOR
THEMSELVES IN SOCIAL, EDUCATION, AND EMPLOYMENT SETTINGS.
  7. "ASSISTIVE TECHNOLOGY" SHALL MEAN ANY ITEM, PIECE OF EQUIPMENT,  OR
PRODUCT  SYSTEM, WHETHER ACQUIRED COMMERCIALLY, MODIFIED, OR CUSTOMIZED,
THAT IS USED TO INCREASE, MAINTAIN, OR IMPROVE  FUNCTIONAL  CAPABILITIES
OF INDIVIDUALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS.
  8. "COMMUNITY-BASED PROGRAMS PROVIDING SUPPORTS AND SERVICES FOR INDI-
VIDUALS  WITH  NEUROLOGICALLY-BASED LEARNING DISORDERS" SHALL MEAN A NEW
YORK STATE BASED NOT-FOR-PROFIT ORGANIZATION WITH  FIVE  YEARS  OR  MORE
EXPERIENCE  PROVIDING COMMUNITY-BASED SUPPORTS AND SERVICES FOR INDIVID-
UALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS.
  S 4651. PROGRAM FOR COMMUNITY-BASED PROGRAMS  PROVIDING  SUPPORTS  AND
SERVICES FOR INDIVIDUALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS TO
RE-ENGAGE WITH SCHOOL OR ADULT EDUCATION. 1. THERE IS HEREBY ESTABLISHED
UNDER  THE  EXERCISE  OF  AUTHORITY  AND  CONTROL  OF THE COMMISSIONER A
PROGRAM FOR COMMUNITY-BASED PROGRAMS PROVIDING SUPPORTS AND SERVICES FOR
INDIVIDUALS WITH NEUROLOGICALLY-BASED LEARNING  DISORDERS  TO  RE-ENGAGE
WITH SCHOOL OR ADULT EDUCATION.
  2. THE PURPOSE OF SUCH PROGRAM AS DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION  SHALL  BE TO PROVIDE SUPPORTS AND SERVICES FOR INDIVIDUALS WITH
NEUROLOGICALLY-BASED  LEARNING  DISORDERS,   AS   DEFINED   IN   SECTION
FORTY-NINE  HUNDRED  FIFTY  OF THIS ARTICLE, TO ATTAIN NECESSARY SKILLS,
AND WHERE POSSIBLE, NECESSARY RESOURCES TO ACHIEVE SUCCESS IN  EDUCATION
AND  EMPLOYMENT. SCHOOL-AGE INDIVIDUALS WITH NEUROLOGICALLY-BASED LEARN-
ING DISORDERS WILL RECEIVE NECESSARY SUPPORTS AND SERVICES FOR ACHIEVING

A. 9280                             3

SUCCESS IN PUBLIC OR PRIVATE SCHOOL, WHILE INDIVIDUALS OLDER THAN SCHOOL
AGE WILL BE PROVIDED NECESSARY SUPPORTS AND SERVICES FOR  SUCH  INDIVID-
UALS TO ACHIEVE SUCCESS IN ADULT BASIC EDUCATION PROGRAMS, ADULT LITERA-
CY  PROGRAMS, OR CAREER SCHOOLS. A GOAL FOR ALL SUCH INDIVIDUALS WILL BE
LEGAL EMPLOYMENT PAYING MINIMUM WAGE OR BETTER AND IN SETTINGS THAT  ARE
FULLY INTEGRATED WITH PERSONS WITH NO IDENTIFIED DISABILITIES.
  3.  COMMUNITY-BASED PROGRAMS PROVIDING SUPPORTS AND SERVICES FOR INDI-
VIDUALS WITH NEUROLOGICALLY-BASED LEARNING DISORDERS WILL BE ELIGIBLE TO
RECEIVE FUNDING PURSUANT TO THIS  ACT  FOR  THE  PURPOSES  OF  PROVIDING
SUPPORTS  AND  SERVICES  DESCRIBED  IN THIS SECTION FOR INDIVIDUALS WITH
NEUROLOGICALLY-BASED LEARNING DISORDERS.
  4. COMMUNITY-BASED PROGRAMS FUNDED PURSUANT TO THIS SECTION WILL:
  (A) ESTABLISH THAT INDIVIDUALS MEET THE DEFINITION OF "INDIVIDUAL WITH
NEUROLOGICALLY-BASED LEARNING DISORDERS" IN ORDER  TO  RECEIVE  SUPPORTS
AND SERVICES IN ACCORDANCE WITH THIS PROGRAM. FOR PERSONS PRESENTING FOR
SERVICES WHO DO NOT MEET THIS DEFINITION, COMMUNITY-BASED PROGRAMS SHALL
MAKE  REASONABLE  EFFORTS TO REFER SUCH INDIVIDUALS TO PROGRAMS THAT MAY
BETTER MEET THEIR NEEDS.
  (B)  ASSESS  THE  FUNCTIONAL,  EDUCATIONAL  AND  VOCATIONAL  NEEDS  OF
ENROLLED  INDIVIDUALS IN ACCORDANCE WITH THE PURPOSES OF THIS PROGRAM AS
DESCRIBED IN THIS SECTION WITH A WRITTEN NEEDS ASSESSMENT.
  (C) ASSIST THE INDIVIDUAL  IN  ACQUIRING  NECESSARY  DOCUMENTATION  TO
ESTABLISH THAT SUCH INDIVIDUALS MEET THE DEFINITION OF INDIVIDUAL WITH A
NEUROLOGICALLY-BASED  LEARNING  DISORDER, AND FOR PROVIDING SERVICES AND
SUPPORTS AS SPECIFIED IN THE INDIVIDUAL'S EDUCATION AND EMPLOYMENT PLAN.
  (D) DEVELOP AN INDIVIDUAL EDUCATION AND EMPLOYMENT PLAN FOR EACH INDI-
VIDUAL ENROLLED TO RECEIVE SUPPORTS AND SERVICES UNDER THE TERMS OF THIS
ARTICLE. SUCH PLAN SHALL HAVE A PRIMARY GOAL OF THE INDIVIDUAL ACHIEVING
THE NECESSARY SKILLS AND KNOWLEDGE FOR SUCCESSFUL TRANSITION TO  SCHOOL,
ADULT EDUCATION OR CAREER TRAINING, AS APPROPRIATE FOR THAT INDIVIDUAL.
  (E)  PROVIDE  SUPPORTS AND SERVICES TO ENROLLED INDIVIDUALS IN ACCORD-
ANCE WITH THE INDIVIDUAL EDUCATION AND EMPLOYMENT  PLAN.  SUCH  SERVICES
SHALL INCLUDE SOFT SKILLS TRAINING AND SERVICE NAVIGATION. SUCH SERVICES
MAY  ALSO INCLUDE BUT NOT BE LIMITED TO ASSISTIVE TECHNOLOGY, FUNCTIONAL
LITERACY INSTRUCTION, SELF  ADVOCACY  SKILLS  TRAINING  AND  SUCH  OTHER
SUPPORTS  AND  SERVICES  AS MAY BE SPECIFIED IN THE INDIVIDUAL EDUCATION
AND EMPLOYMENT PLAN.
  (F) UPON COMPLETION OF THIS  PROGRAM,  COMMUNITY-BASED  PROGRAMS  WILL
REFER  INDIVIDUALS TO A SCHOOL, ADULT EDUCATION PROGRAM OR CAREER TRAIN-
ING PROGRAM. COMMUNITY-BASED PROGRAMS WILL PROVIDE FOR THE INDIVIDUAL  A
WRITTEN  TRANSITION PLAN IDENTIFYING THE SPECIFIC ACTIONS THE INDIVIDUAL
MUST DO TO SUCCESSFULLY TRANSITION TO THE EDUCATIONAL PROGRAM.  COMMUNI-
TY-BASED PROGRAMS WILL TO THE EXTENT PRACTICABLE ASSIST  INDIVIDUALS  IN
SECURING A SUCCESSFUL TRANSITION.
  S 2. This act shall take effect one hundred twenty days after it shall
have become a law.