S T A T E O F N E W Y O R K
________________________________________________________________________
9938
I N A S S E M B L Y
June 2, 2014
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
-- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to determinations of
appropriate educational programs for certain students in a school
district in a city having a population of one million or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Item (i) of clause (b) of subparagraph 3 of paragraph b of
subdivision 1 of section 4402 of the education law, as amended by chap-
ter 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. 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] ARTI-
CLE. PROVIDED, FURTHER, THAT IN A SCHOOL DISTRICT IN A CITY HAVING A
POPULATION OF ONE MILLION OR MORE A PARENT'S APPEAL OF SUCH RECOMMENDA-
TION SHALL BE RESOLVED, EITHER THROUGH THE GRANTING OR DENIAL OF THE
APPEAL BY AN IMPARTIAL HEARING OFFICER, OR BY A STATE REVIEW OFFICER, OR
THE SIGNING OF A SETTLEMENT AGREEMENT BETWEEN THE PARENT OR PERSON IN
PARENTAL RELATION AND THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT IN
THE CITY HAVING A POPULATION OF ONE MILLION OR MORE OR A STATE AGENCY,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15402-02-4
A. 9938 2
WITHIN ANY APPLICABLE TIME PERIODS PRESCRIBED BY FEDERAL LAW. PROVIDED,
FURTHER, THAT NOTHING IN THIS ITEM SHALL BE DEEMED TO PROHIBIT ANY
PARENT OR THE SCHOOL DISTRICT FROM SEEKING JUDICIAL REVIEW BY ANY COURT
OF COMPETENT JURISDICTION.
UPON THE SIGNING OF A WRITTEN SETTLEMENT AGREEMENT BETWEEN A CHILD'S
PARENT OR PERSON IN PARENTAL RELATION AND THE BOARD OF EDUCATION OF THE
SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR
A STATE AGENCY, OR THE DECISION, ORDER, OR JUDGMENT OF AN IMPARTIAL
HEARING OFFICER, STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILAT-
ERAL PARENTAL PLACEMENT WAS APPROPRIATE AND THAT TUITION PAYMENT SHOULD
BE GRANTED FOR SUCH UNILATERAL PLACEMENT, AS PROVIDED BY SECTION
1412(A)(10)(C) OF TITLE 20 OF THE UNITED STATES CODE AND THE IMPLEMENT-
ING FEDERAL REGULATIONS, THE AMOUNT OF SUCH PAYMENT AND THE TIME LINE OR
SCHEDULE FOR MAKING SUCH PAYMENT SHALL BE SET FORTH IN ANY SUCH SETTLE-
MENT OR DECISION, ORDER, OR JUDGMENT.
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, IN A SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE, UPON THE DECISION OF AN IMPARTIAL HEARING OFFICER,
STATE REVIEW OFFICER OR A COURT FINDING THAT A UNILATERAL PARENTAL
PLACEMENT WAS APPROPRIATE AND THAT TUITION PAYMENT SHOULD BE GRANTED FOR
SUCH UNILATERAL PLACEMENT, SUCH TUITION PAYMENT SHALL CONTINUE IN
FUTURE YEARS, AT THE SAME PERCENTAGE OF THE TOTAL TUITION COST AS THE
PREVIOUS YEAR'S PAYMENT, UNTIL THE COMMITTEE ON SPECIAL EDUCATION DETER-
MINES THE CHILD'S NEEDS CAN BE MET IN ANOTHER PUBLIC OR APPROVED PRIVATE
SCHOOL PROGRAM AND REVISES THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM
TO RECOMMEND SUCH PLACEMENT; PROVIDED HOWEVER THAT WHERE THE PARENT OR
PERSON IN PARENTAL RELATION BRINGS A DUE PROCESS PROCEEDING TO CHALLENGE
SUCH REVISED PLACEMENT, THE UNILATERAL PARENTAL PLACEMENT FOR WHICH
TUITION PAYMENT WAS GRANTED SHALL BE THE PENDENCY PLACEMENT, AS PROVIDED
IN SUBDIVISION FOUR OF THIS SECTION.
S 3. This act shall take effect immediately; provided, however, that
the amendments to clause (b) of subparagraph 3 of paragraph b of subdi-
vision 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
expire therewith; provided, further, that the amendments 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 expire
therewith.