BILL NUMBER: S9059

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act in relation to requiring school districts to provide educational
and support services to students with disabilities until such students
turn twenty-two years of age

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that those students with disabilities who "age out" during the
COVID-19 pandemic receive instruction and services necessary to compen-
sate for the negative impacts of the school closings and remote instruc-
tion due to COVID-19, by increasing from 21 to 22 the age to which
schools must provide education for students with disabilities for the
2020-2021 and 2021-2022 school years.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill provides that, notwithstanding any provision of
              

law rule or regulation to the contrary, in recognition of (1) the diffi-
culties distance learning during the coronavirus (COVID-19) pandemic
poses to students with disabilities and (2) the educational opportu-
nities for students with disabilities that were lost or hampered, each
New York school district shall provide educational and support services
to students with disabilities in special education programs and to
students who are qualified handicapped persons as defined in the federal
rehabilitation act, in accordance with the student's most recent Indi-
vidualized Education Program (IEP) until such student turns twenty-two
years of age for the school years 2020-2021 and 2021-2022 only.

Section 2 is the effective date.

 
JUSTIFICATION:

This legislation will help to ensure that students with disabilities who
have reached the age of 21 receive the necessary compensatory services
to make up for a lack of educational programs and services during school
closures and remote learning due to COVID-19 for the 2020-2021 and
2021-2022 school years.

Under federal law, schools must provide students with disabilities a
"free and appropriate public education" until the age of 21. These
special education services are identified in the student's Individual-
ized Education Plan (IEP). The ability of school districts to provide
these students the required services has been greatly impacted by
COVID-19's necessitating the closure of schools and reliance on remote
learning.

Remote learning has been challenging for many students. However, it has
become clear that remote learning has taken the greatest toll on the
education of students with disabilities. The needs of students with
disabilities vary greatly based on the specific impairment - encompass-
ing everything from auditory to visual to cognitive to physical and
more.

As a result, IEPs run the gamut, from extra time for tests and personal-
ized tutoring, to a special education aide dedicated to a student for
the entirety of the school day. While school districts have tried to
meet the needs of these students, remote learning has not been effective
for most of them. Not only are they not progressing in their educational
program, they are regressing.  As noted in the NEW YORK STATE EDUCATION
DEPARTMENT OFFICE OF SPECIAL EDUCATION SUPPLEMENT 42 - PROVISION OF
SERVICES TO STUDENTS WITH DISABILITIES DURING STATEWIDE SCHOOL CLOSURES
DUE TO NOVEL CORONAVIRUS (COVID-19) OUTBREAK IN NEW YORK STATE Questions
and Answers June 20, 2020, compensatory services for educational
programs and services are required to remedy the services that were not
provided to enable a student to make appropriate progress, including any
loss in skills that occurred as a result of a student not receiving
education or services during school closures during COVID-19, despite
the age of the student.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to the 2020-2021
and 2021-2022 school years only.