S T A T E   O F   N E W   Y O R K
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                                  3795--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee on Education -- recommitted  to  the  Committee  on  Education  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02343-03-2
              

 A. 3795--A                          2
 
 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,
 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, AND SUCH PAYMENT SHALL BE MADE IN
 STRICT ACCORDANCE WITH SUCH TIMELINE.
   § 2. Section 4403 of the education law is  amended  by  adding  a  new
 subdivision 22 to read as follows:
   22. TO PROVIDE FOR A SPECIAL EDUCATION MONITOR IN A SCHOOL DISTRICT IN
 A  CITY  HAVING  A  POPULATION  OF  ONE MILLION OR MORE APPOINTED BY THE
 COMMISSIONER. SUCH SPECIAL  EDUCATION  MONITOR  SHALL  ENSURE  THAT  THE
 IMPLEMENTATION OF ANY SETTLEMENT, DECISION, ORDER, OR JUDGMENT, PURSUANT
 TO ITEM (I) OF CLAUSE (B) OF SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDI-
 VISION ONE OF SECTION FOURTY-FOUR HUNDRED TWO OF THIS ARTICLE, IS TIMELY
 IMPLEMENTED.  SUCH  SPECIAL  EDUCATION  MONITOR  SHALL  BE EMPOWERED AND
 DIRECTED TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE SUCH TIMELY  IMPLE-
 MENTATION, INCLUDING, BUT NOT LIMITED TO, REVIEWING, EVALUATING, EXAMIN-
 ING  INTO,  INSPECTING AND AUDITING SUCH DISTRICT'S IMPLEMENTATION POLI-
 CIES, PROCEDURES, PRACTICES, PROTOCOLS, AND SYSTEMS, AND COMPELLING  ANY
 CHANGES  TO SUCH POLICIES, PROCEDURES, PRACTICES, PROTOCOLS, AND SYSTEMS
 THAT THE SPECIAL EDUCATION MONITOR DEEMS NECESSARY TO ENSURE  COMPLIANCE
 WITH  SUCH  TIMELINE OR SCHEDULE. THE SPECIAL EDUCATION MONITOR SHALL BE
 EMPOWERED TO DIRECT AND COMPEL SUCH DISTRICT  TO  IMPLEMENT  IMMEDIATELY
 ANY SUCH SETTLEMENT, DECISION, ORDER OR JUDGEMENT IN ACCORDANCE WITH THE
 TIMELINES  ESTABLISHED  BY THIS ARTICLE. AND IT IS FURTHER PROVIDED THAT
 IF SUCH DISTRICT FAILS TO MAKE ANY  PAYMENT  AT  THE  DIRECTION  OF  THE
 SPECIAL  EDUCATION  MONITOR,  THE COMMISSIONER SHALL, IN HIS OR HER SOLE
 DISCRETION: (A) WITHHOLD FROM SUCH DISTRICT  ITS  SHARE  OF  THE  PUBLIC
 MONEY  OF  THE STATE PURSUANT TO SECTION THREE HUNDRED SIX OF THIS CHAP-
 TER; (B) WITHHOLD FROM SUCH DISTRICT ALL OR A PORTION OF  ITS  SHARE  OF
 FUNDS  ALLOCATED  TO  IT PURSUANT TO 20 U.S.C. SECTIONS 1411 AND 1413 OF
 THE INDIVIDUALS WITH DISABILITIES ACT; (C) REPORT SUCH  DISTRICT'S  NON-
 COMPLIANCE  TO  THE  UNITED STATES DEPARTMENT OF EDUCATION; AND (D) TAKE
 ANY OTHER ACTION THE COMMISSIONER  DEEMS  APPROPRIATE  PURSUANT  TO  THE
 POWERS VESTED IN THE COMMISSIONER BY THIS CHAPTER.
   § 3. 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 SETTLEMENT OF AN IMPARTIAL HEARING OR APPEAL
 A. 3795--A                          3

 THEREFROM, OR 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  AND  ANY  OTHER  SERVICES  AND
 COSTS  SHOULD  BE GRANTED FOR SUCH UNILATERAL PLACEMENT, SUCH SETTLEMENT
 AGREEMENT, DECISION, ORDER OR JUDGMENT SHALL CONTINUE IN  FUTURE  YEARS,
 AT  THE SAME PERCENTAGE OF THE TOTAL TUITION, SERVICES, AND COSTS 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 AND ANY OTHER SERVICES OR COSTS WERE GRANTED OR SETTLED
 UPON, SHALL BE THE PENDENCY PLACEMENT, AS PROVIDED IN  SUBDIVISION  FOUR
 OF THIS SECTION.
   §  4.  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  three  of  this
 act,  shall  not  affect  the  expiration  of such subdivision and shall
 expire therewith.