Assembly Bill A3795A

2021-2022 Legislative Session

Relates to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more

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Archive: Last Bill Status - In Assembly 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

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Bill Amendments

2021-A3795 - Details

See Senate Version of this Bill:
S1988
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §§4402, 4403 & 4404, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10439, S8536
2023-2024: S1993

2021-A3795 - Summary

Relates to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more.

2021-A3795 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3795
 
                        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
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2021-A3795A (ACTIVE) - Details

See Senate Version of this Bill:
S1988
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §§4402, 4403 & 4404, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10439, S8536
2023-2024: S1993

2021-A3795A (ACTIVE) - Summary

Relates to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more.

2021-A3795A (ACTIVE) - Bill Text download pdf

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

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