Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to education |
Jan 26, 2015 |
referred to education |
Senate Bill S2597
2015-2016 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Education 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
2015-S2597 (ACTIVE) - Details
2015-S2597 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2597 TITLE OF BILL: An act to amend the education law, in relation to requiring the office of state review to render decisions on certain appeals pertaining to children with handicapping conditions within thirty days of receipt of such appeals PURPOSE: This legislation will insure that not later than 30 days after receipt of a request for review, a final decision is reached and a copy of the decision rendered is mailed to all appropriate parties. SUMMARY OF PROVISIONS: Section 1. Paragraph (d) of subdivision 7 of section 4410 of the education law , as amended by section 57 of part H of chapter 83 of the laws of 2002, is amended to read as follows: (ii) Appeals taken to the office of state review shall be decided in the order in which they were received In the event the state review officer does not within 30 days, render a final decision and forward such decision to the parties, then the decision of the impartial hearing officer shall be substituted for the decision that should have been timely rendered by the state review officer and deemed to be final for administrative purposes without prejudice to any further
2015-S2597 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2597 2015-2016 Regular Sessions I N S E N A T E January 26, 2015 ___________ Introduced by Sen. LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to requiring the office of state review to render decisions on certain appeals pertaining to children with handicapping conditions within thirty days of receipt of such appeals THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph d of subdivision 7 of section 4410 of the educa- tion law, as amended by section 57 of part H of chapter 83 of the laws of 2002, is amended to read as follows: d. (I) A state review officer of the education department shall review the decision of the impartial hearing officer in the manner prescribed in subdivision two of section forty-four hundred four of this article and render a decision no later than thirty days after the decision of such hearing officer. (II) APPEALS TAKEN TO THE OFFICE OF STATE REVIEW SHALL BE DECIDED IN THE ORDER IN WHICH THEY ARE RECEIVED. IN THE EVENT THAT THE STATE REVIEW OFFICER DOES NOT, WITHIN THIRTY DAYS, RENDER A FINAL DECISION AND FORWARD SUCH DECISION TO THE PARTIES, THEN THE DECISION OF THE IMPARTIAL HEARING OFFICER SHALL BE SUBSTITUTED FOR THE DECISION THAT SHOULD HAVE BEEN TIMELY RENDERED BY THE STATE REVIEW OFFICER AND DEEMED TO BE FINAL FOR ADMINISTRATIVE PURPOSES, WITHOUT PREJUDICE TO ANY FURTHER APPEAL THAT MAY BE TAKEN BY ANY AGGRIEVED PARTY TO THE FEDERAL COURT PURSUANT TO 34 C.F.R. S 300.516. S 2. Subdivision 2 of section 4404 of the education law, as amended by chapter 53 of the laws of 1990, is amended to read as follows: 2. Review by state review officer. A. A state review officer of the education department shall review and may modify, in such cases and to the extent that the review officer deems necessary, in order to properly effectuate the purposes of this article, any determination of the impar- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08425-01-5
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