S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4104
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M. of A. BENEDETTO, BUTTENSCHON, GRIFFIN, HAWLEY -- read
   once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to  replacing  the  words
   handicapping conditions with the word disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 89 of the education law,  as
 added by chapter 853 of the laws of 1976, is amended to read as follows:
           CHILDREN WITH [HANDICAPPING CONDITIONS] DISABILITIES
   §  2.  The  section  heading  and subdivision 2 of section 4404 of the
 education law, as amended by chapter 53 of the laws of 1990, are amended
 to read as follows:
   Appeal procedures for children with [handicapping conditions] DISABIL-
 ITIES.
   2. Review by state review officer.  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-
 tial hearing officer relating to the determination of the  nature  of  a
 child's [handicapping condition] DISABILITY, selection of an appropriate
 special  education  program  or  service and the failure to provide such
 program and require such board to comply with  the  provisions  of  such
 modification.    The  commissioner shall adopt regulations governing the
 practice and procedure in such appeals  to  the  state  review  officer;
 provided,  however,  that in no event shall any fee or charge whatsoever
 be imposed for any appeal taken pursuant to this subdivision. The  state
 review  officer  is  empowered  to  make  all orders which are proper or
 necessary to give effect to the decision of the review officer.
   § 3. The section heading, the opening paragraph of subdivision  1  and
 subdivisions  2,  3  and  5  of  section  4405 of the education law, the
 section heading and subdivision 2 as amended by chapter 53 of  the  laws
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02618-01-1

 A. 4104                             2
 
 of 1986, the opening paragraph of subdivision 1 and subdivisions 3 and 5
 as  amended  by  chapter  53  of the laws of 1990, paragraphs a and b of
 subdivision 3 as amended by chapter 57 of the laws of 1993, paragraph  c
 of  subdivision 3 as amended by chapter 82 of the laws of 1995 and para-
 graph d of subdivision 3 as amended by chapter 260 of the laws of  1993,
 are amended to read as follows:
   Computing  financial  responsibility  for special educational services
 for certain children with [handicapping conditions] DISABILITIES.
   Maintenance for children with [handicapping  conditions]  DISABILITIES
 in  residential  schools  under  the provisions of this article or state
 schools under the provisions of articles eighty-seven  and  eighty-eight
 of this chapter.
   2.  Transportation  expense.  The transportation expense of each child
 with a [handicapping condition] DISABILITY shall be aidable  in  accord-
 ance  with  subdivision  seven of section thirty-six hundred two of this
 chapter; provided, however, that for the  school  year  commencing  July
 first,  nineteen  hundred  seventy-six, school districts shall be appor-
 tioned ninety per centum of the estimated amount of its  approved  costs
 of  such  year  for  the  transportation  of children with [handicapping
 conditions] DISABILITIES  whose  transportation  was  formerly  provided
 under a family court order and is now a charge upon the school district,
 subject  to  the  adjustment  of  any  errors after the actual costs are
 ascertained.
   3. Computing state financial responsibility for operating expenses for
 certain children with [handicapping conditions] DISABILITIES.
   a. In addition to any other apportionments  under  the  provisions  of
 this  chapter,  there  shall  be  apportioned  to each applicable school
 district for each child with a [handicapping  condition]  DISABILITY  in
 attendance  in  a  state  school  under the provisions of paragraph d of
 subdivision two of section forty-four hundred one of this article or  an
 approved  program under the provisions of paragraphs e, f, g, h, i and l
 of such subdivision two, the product of  such  attendance,  computed  in
 accordance  with  regulations  of  the commissioner, and the excess cost
 aid: an amount computed by multiplying the excess cost,  as  defined  in
 subdivision six of section forty-four hundred one of this article by the
 excess cost aid ratio defined in subdivision seven of this section.
   b.  In  addition  to  the  apportionment provided to a school district
 pursuant to paragraph a of this subdivision  for  the  attendance  of  a
 child with a [handicapping condition] DISABILITY in a state school under
 the  provisions  of paragraph d of subdivision two of section forty-four
 hundred one of this article, for each such child in attendance  in  such
 school  prior  to  July  first,  nineteen hundred ninety, there shall be
 apportioned an additional amount. Such amount shall equal the product of
 the taper aidable cost multiplied by the  taper  aid  ratio.  The  taper
 aidable  cost  shall equal the positive remainder resulting when (i) the
 apportionment attributable to such child pursuant to paragraph a of this
 subdivision is subtracted from (ii) the product of such child's  attend-
 ance  and the tuition for the state school such child attends. The taper
 aid ratio shall equal the quotient, computed to three  decimals  without
 rounding,  resulting  when  the  positive  remainder  of  one  minus the
 combined wealth ratio, as defined in subdivision [one] THREE of  section
 thirty-six  hundred  two of this chapter is divided by seventy-five one-
 hundredths. Such aid ratio shall not be less than  zero  nor  more  than
 one.

 A. 4104                             3
 
   c.  The apportionments to each school district pursuant to this subdi-
 vision shall be based on excess cost paid and attendance during the base
 year.
   d.  Notwithstanding  sections  thirty-six hundred seven and thirty-six
 hundred nine-a of this chapter, apportionments pursuant to this subdivi-
 sion shall be paid to school districts upon  submission  of  reports  of
 attendance   and   approved  tuition  expenditures  filed  in  a  format
 prescribed by the commissioner and shall be paid from the annual  appor-
 tionment  of  public moneys for the support of public schools in accord-
 ance with section thirty-six hundred nine-b of this chapter.
   5. The commissioner shall annually determine the tuition rate and  the
 commissioner of social services shall annually determine the maintenance
 rate for special services or programs provided during the months of July
 and  August  for  children  with  [handicapping conditions] DISABILITIES
 entitled to attend public schools without the payment of tuition  pursu-
 ant to section thirty-two hundred two of this chapter.  The commissioner
 of education shall annually determine the tuition rate, maintenance rate
 and  the medical services rate, if applicable, for such children attend-
 ing the New York state school for the blind or the New York state school
 for the deaf during the months of July and August. Such rates  shall  be
 determined  in  conformance  with the reimbursement methodologies estab-
 lished pursuant to subdivision four of this section and shall be subject
 to the approval of the division of the budget. Rates shall be determined
 for all special services or programs as defined  in  section  forty-four
 hundred one of this chapter and offered during July and August.
   §  4.  The  section  heading  and subdivision 1 of section 4407 of the
 education law, the section heading as amended by chapter 53 of the  laws
 of  1986, subdivision 1 as amended by chapter 82 of the laws of 1985 and
 paragraph a of subdivision 1 as amended by chapter 53  of  the  laws  of
 1989, are amended to read as follows:
   Special  provisions  relating  to instruction of certain children with
 [handicapping conditions] DISABILITIES.  1. [a.] When it shall appear to
 the satisfaction of the department that a  child  with  a  [handicapping
 condition]  DISABILITY is not receiving instruction because there are no
 appropriate public or private facilities for instruction of such a child
 within this state because of the unusual type of the handicap or  combi-
 nation  of  handicaps  as  certified  by  the  commissioner,  the school
 district of which each  such  pupil  is  a  resident  is  authorized  to
 contract  with an educational facility located outside the state, which,
 in the judgment of the department, can meet the needs of such child  for
 instruction.   Contracts, rates, payments and reimbursements pursuant to
 this section shall be in accordance with section forty-four hundred five
 of this article.
   § 5. The section heading, paragraphs a, b and d of subdivision  4  and
 paragraph  a  of  subdivision 5 of section 4410 of the education law, as
 added by chapter 243 of the laws of 1989, paragraph a of  subdivision  4
 and  subparagraph  (iii)  of  paragraph a of subdivision 5 as amended by
 chapter 705 of the laws of 1992 and paragraph  d  of  subdivision  4  as
 amended  by  chapter  520  of  the  laws of 1993, are amended to read as
 follows:
   Special education services and programs for  preschool  children  with
 [handicapping conditions] DISABILITIES.
   a. The board shall identify each preschool child suspected of having a
 [handicapping condition] DISABILITY who resides within the district and,
 upon  referral  to  the committee shall, with the consent of the parent,
 provide for an evaluation related to the  suspected  disability  of  the

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 child. The board shall make such identification in accordance with regu-
 lations of the commissioner.
   b. Each board shall, within time limits established by the commission-
 er,  be  responsible  for  providing  the  parent  of  a preschool child
 suspected of having a [handicapping condition] DISABILITY with a list of
 approved evaluators in the geographic area. The parent  may  select  the
 evaluator from such list.  Each board shall provide for dissemination of
 the list and other information to parents at appropriate sites including
 but  not  limited to pre-kindergarten, day care, head start programs and
 early childhood  direction  centers,  pursuant  to  regulations  of  the
 commissioner.
   d.  The  approved  evaluator shall, following completion of the evalu-
 ation, transmit the documentation of the evaluation to  all  members  of
 the  committee  and  to a person designated by the municipality in which
 the preschool child resides. Each municipality shall notify the approved
 evaluators in the geographic area  of  the  person  so  designated.  The
 summary  report  of  the  evaluation shall be transmitted in English and
 when necessary, also in the dominant language or other mode of  communi-
 cation of the parent; the documentation of the evaluation shall be tran-
 smitted  in  English  and,  upon  the request of the parent, also in the
 dominant language or other mode of communication of the  parent,  unless
 not clearly feasible to do so pursuant to regulations promulgated by the
 commissioner.  Costs of translating the summary report and documentation
 of the evaluation shall be separately reimbursed. If, based on the eval-
 uation, the committee finds that a child has a [handicapping  condition]
 DISABILITY,  the committee shall use the documentation of the evaluation
 to develop an individualized education program for the preschool  child.
 Nothing  herein  shall  prohibit  an approved evaluator from at any time
 providing the parent with a copy of the documentation of the  evaluation
 provided to the committee.
   a.  The committee shall review all relevant information, including but
 not limited to:
   (i) information presented by the parent and  the  child's  teacher  or
 teachers  pertinent  to  each  child suspected of having a [handicapping
 condition] DISABILITY;
   (ii) the results of all evaluations; and
   (iii) information provided by the appropriate  licensed  or  certified
 professional designated by the agency that is charged with the responsi-
 bility for the child pursuant to applicable federal laws, if any.
   §  6.  The  section heading, paragraph f of subdivision 1 and subdivi-
 sions 2, 3 and 4 of section 4410-a of the education  law,  as  added  by
 chapter  53 of the laws of 1990, paragraph f of subdivision 1 as amended
 by chapter 474 of the laws of 1996, subdivisions 2, 3 and 4  as  amended
 by  chapter  280  of  the laws of 1994 and such section as renumbered by
 chapter 705 of the laws of 1992, are amended to read as follows:
   Responsibility for certain temporary-resident preschool children  with
 [handicapping conditions] DISABILITIES.
   f. "Preschool child with a disability" shall mean a child eligible for
 services  pursuant to section forty-four hundred ten of this chapter. [A
 "preschool child with a handicapping condition" means a preschool  child
 with a disability.]
   2.  School  district  evaluation  and  placement responsibility.   The
 school district of current location of a foster care or  homeless  child
 or child in residential care shall be responsible for the evaluation and
 placement  procedures  prescribed  for  a  preschool  child suspected of
 having a [handicapping condition] DISABILITY pursuant to section  forty-

 A. 4104                             5
 
 four  hundred  ten  of  this chapter.   In issuing its written notice of
 determination of  services,  the  board  of  education  of  such  school
 district  shall  identify  the  municipality of residence of a preschool
 child with a [handicapping condition] DISABILITY who is a foster care or
 homeless  child  or  child in residential care.  Such notice of determi-
 nation shall be transmitted to both the municipality  of  residence  and
 the municipality of current location.
   3.  Contract  and  payment responsibility. The municipality of current
 location shall be the municipality of record for a preschool child  with
 a  [handicapping  condition] DISABILITY who is a foster care or homeless
 child or child in residential care for the purposes  of  section  forty-
 four  hundred ten of this chapter provided, however, that, notwithstand-
 ing the provision of paragraph b of subdivision eleven of such  section,
 the state shall reimburse one hundred percent of the approved costs paid
 by such municipality which shall be offset by the local contribution due
 pursuant to subdivision four of this section.
   4.  Local  contribution. The municipality of residence shall be finan-
 cially responsible for the local contribution  which  shall  equal  that
 portion  of  the approved costs of services to a foster care or homeless
 child or child in residential care with a [handicapping condition] DISA-
 BILITY which would not be reimbursed pursuant to the schedule set out in
 paragraph b of subdivision eleven of section forty-four hundred  ten  of
 this  chapter.    The  commissioner shall certify to the comptroller the
 amount of the local contribution owed by each municipality to the state.
 The comptroller shall deduct the amount of such local contribution first
 from any moneys due the municipality pursuant to such section  and  then
 from any other moneys due or to become due such municipality.
   § 7. This act shall take effect immediately.