NY State Senate Bill 2021-S7158A

Senate Bill S7158A

2021-2022 Legislative Session

Relates to pendency placements in a school district in a city having a population of one million or more

download bill text pdf

Archive: Last Bill Status - In Senate Committee Disabilities 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2022	print number 7158a
May 25, 2022	amend and recommit to disabilities
Jan 05, 2022	referred to disabilities
Jun 03, 2021	referred to rules

Bill Amendments

Original

A (Active)

2021-S7158 - Details

See Assembly Version of this Bill:: A6576
Current Committee:: Senate Disabilities
Law Section:: Education Law
Laws Affected:: Amd §4404, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S757, A2030

2021-S7158 - Summary

Relates to pendency placements in a school district in a city having a population of one million or more.

2021-S7158 - Sponsor Memo

                                
 
BILL NUMBER: S7158

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the education law, in relation to pendency placements in
a school district in a city having a population of one million or more

 
PURPOSE OF THE BILL:

To ensure that there is no lapse in education and support for students
of families who would have difficulty transferring special education
programs.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the Education Law to provide that in New
York City, the school identified in a settlement agreement between the
school district and parents as the proper placement for a child with
special education needs shall be presumed to be the pendency placement
until there is a pendency changing event, as defined in the bill.

Pendency payments for tuition shall be made prospectively and shall
continue uninterrupted while any appeal is pending. If the child is
moved into a program offered by the school district or the child is no
longer entitled to receive the special education services the child had
been receiving from the non-public school, the child's parents shall not
be required to repay any tuition reimbursement received prior to such
change, provided the cost of such services that would have been provided
by the school district had the child been attending public school is the
same or greater than the cost of the services that were provided by the
non-public school. The bill also amends the Education Law to provide
that where a claim for tuition for 2019 or earlier remains pending and
timely, the New York City school district shall make reasonable efforts
to finalize a settlement. Any settlement for tuition shall include a
schedule for payments, which shall begin no later than sixty days after
the settlement is executed or documentation necessary for payment has
been received, and shall be completed within sixty days of the receipt
of any documentation necessary for payment.

Section 2 of this bill sets forth the effective date.

 
JUSTIFICATION:

Under current state law, the school placement of a child with special
educational needs remains in place during the review of such placement,
such as by an impartial hearing officer or a state review officer. This
is called the "pendency placement." This ensures that the child and
their parents have the security of knowing that they will remain in the
same school placement until there is a determination or new agreement
that changes the placement of the child. This bill simply equitably
extends this same security and protection to children whose school
placement has been agreed upon in a settlement agreement between the New
York City school district and the parents, by providing that once a
settlement agreement between the district and the parents has agreed
upon the proper school for placement of the child, that placement shall
remain in place as the pendency placement until there is a pendency
changing event which changes the child's school placement.  This will
enable children to remain in the school agreed upon in a settlement
agreement and for the parents to continue to receive uninterrupted
tuition reimbursement for such placement unless and until that placement
is changed.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None for the state. Local governments will save money and benefit finan-
cially.

 
EFFECTIVE DATE:
This bill shall take effect January 1, 2022.

2021-S7158 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7158
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 3, 2021
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to pendency placements 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.   Section 4404 of the education law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. A. NOTWITHSTANDING  ANY OTHER PROVISION OF  LAW,  RULE  OR  REGU-
 LATION  TO THE CONTRARY, IN A SCHOOL DISTRICT IN A CITY  HAVING  A POPU-
 LATION  OF  ONE MILLION   OR   MORE, THE PARENT OR  PERSON  IN  PARENTAL
 RELATION SHALL BE ENTITLED TO THE PRESUMPTION THAT THE SCHOOL IDENTIFIED
 IN A SETTLEMENT AGREEMENT ENTERED ON OR AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION  IS  THE  STUDENT'S  OPERATIVE PLACEMENT FOR THE PURPOSES OF
 PENDENCY UNTIL THERE IS AN INTERVENING,  PENDENCY-CHANGING  EVENT  (THAT
 IS,  AN  ACTUAL  AGREEMENT  OF THE PARTIES; AN UNAPPEALED DECISION BY AN
 IMPARTIAL HEARING OFFICER; A DECISION OF THE STATE REVIEW  OFFICER  THAT
 AGREES  WITH  THE  PARENTS  AS  TO THE APPROPRIATENESS OF THEIR PROPOSED
 CHANGE IN PLACEMENT; OR A DETERMINATION BY A COURT ON  APPEAL  FROM  THE
 DECISION  OF  A STATE REVIEW OFFICER) OR A PROGRAM OFFERED BY THE SCHOOL
 DISTRICT AND NOT CHALLENGED BY THE PARENT. EACH  CHILD'S  IEP  SHALL  BE
 REVIEWED  PERIODICALLY,  BUT  NOT  LESS  FREQUENTLY  THAN  ANNUALLY,  AS
 REQUIRED BY 20 U.S.C. 1414(D)(4)(A)(I). PENDENCY  PAYMENTS  FOR  TUITION
 SHALL  BE MADE PROSPECTIVELY AND SHALL BE MADE FOR AMOUNTS NOT LESS THAN
 TWO MONTHS' WORTH OF TUITION OR THE REMAINING BALANCE ON  THE  CONTRACT,
 WHICHEVER  IS  SMALLER,  PROVIDED  THAT  THE INITIAL TUITION PAYMENT MAY
 INCLUDE RETROACTIVE PAYMENTS. PENDENCY  PAYMENTS,  AS  PROVIDED  FOR  IN
 SUBDIVISION FOUR OF THIS SECTION, SHALL CONTINUE UNINTERRUPTED WHILE THE
 APPEAL  IS  PENDING. IF THE CHILD IS MOVED INTO A PROGRAM OFFERED BY THE
 SCHOOL DISTRICT DURING THE SCHOOL YEAR, OR THE CHILD IS NO LONGER  ENTI-
 TLED  TO RECEIVE ALL THE SERVICES THAT THE CHILD HAD BEEN RECEIVING FROM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08863-06-1

 S. 7158                             2
 
 THE NON-PUBLIC SCHOOL, THE CHILD'S PARENTS  SHALL  NOT  BE  REQUIRED  TO
 REPAY  ANY  OF  THE TUITION REIMBURSEMENT RECEIVED PRIOR TO SUCH CHANGE,
 PROVIDED THE COST OF SERVICES THAT  WOULD  HAVE  BEEN  PROVIDED  BY  THE
 SCHOOL  DISTRICT  HAD THE CHILD BEEN ATTENDING PUBLIC SCHOOL IS THE SAME
 OR GREATER THAN THE COST OF THE SERVICES THAT WERE ACTUALLY PROVIDED  TO
 THE STUDENT BY THE NON-PUBLIC SCHOOL.
   B. WHERE A CLAIM FOR TUITION FOR A SCHOOL YEAR COMMENCING IN TWO THOU-
 SAND  NINETEEN  OR EARLIER HAS BEEN FILED PURSUANT TO THIS SECTION ON OR
 BEFORE JUNE THIRTIETH, TWO THOUSAND TWENTY AND REMAINS PENDING AND TIME-
 LY, THE LOCAL EDUCATIONAL AGENCY OF A CITY HAVING A POPULATION  OF  OVER
 ONE  MILLION  SHALL,  ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-
 TWO, MAKE ALL REASONABLE EFFORTS TO FINALIZE A SETTLEMENT OR INFORM  THE
 PARENT  OR PERSON IN PARENTAL RELATION, OR THEIR REPRESENTATIVE, THAT IT
 HAS NOT BEEN ABLE TO  SETTLE  THE  CLAIM.  NOTHING  IN  THIS  ACT  SHALL
 PRECLUDE  PARTIES  FROM REACHING A SETTLEMENT AFTER SEPTEMBER FIRST, TWO
 THOUSAND TWENTY-TWO.   ANY  SETTLEMENTS  FOR  TUITION,  INCLUDING  THOSE
 ALREADY  SETTLED,  SHALL  INCLUDE  A SCHEDULE FOR PAYMENTS, THE FIRST OF
 WHICH SHALL BEGIN NO LATER THAN SIXTY DAYS AFTER THE LATTER OF THE  DATE
 THE  SETTLEMENT  IS FULLY EXECUTED OR RECEIPT OF DOCUMENTATION NECESSARY
 FOR PAYMENT, AND THE REMAINDER OF WHICH SHALL BE COMPLETED WITHIN  SIXTY
 DAYS OF RECEIPT OF ANY DOCUMENTATION NECESSARY FOR PAYMENT.
   § 2. This act shall take effect January 1, 2022.

2021-S7158A (ACTIVE) - Details

See Assembly Version of this Bill:: A6576
Current Committee:: Senate Disabilities
Law Section:: Education Law
Laws Affected:: Amd §4404, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S757, A2030

2021-S7158A (ACTIVE) - Summary

Relates to pendency placements in a school district in a city having a population of one million or more.

2021-S7158A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7158A

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the education law, in relation to pendency placements in
a school district in a city having a population of one million or more

 
PURPOSE OF THE BILL:

To ensure that there is no lapse in education and support for students
of families who would have difficulty transferring special education
programs.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the Education Law to provide that in New
York City, the school identified in a settlement agreement between the
school district and parents as the proper placement for a child with
special education needs shall be presumed to be the pendency placement
until there is a pendency changing event, as defined in the bill.

Pendency payments for tuition shall be made prospectively and shall
continue uninterrupted while any appeal is pending. If the child is
moved into a program offered by the school district or the child is no
longer entitled to receive the special education services the child had
been receiving from the non-public school, the child's parents shall not
be required to repay any tuition reimbursement received prior to such
change, provided the cost of such services that would have been provided
by the school district had the child been attending public school is the
same or greater than the cost of the services that were provided by the
non-public school. The bill also amends the Education Law to provide
that where a claim for tuition for 2019 or earlier remains pending and
timely, the New York City school district shall make reasonable efforts
to finalize a settlement. Any settlement for tuition shall include a
schedule for payments, which shall begin no later than sixty days after
the settlement is executed or documentation necessary for payment has
been received, and shall be completed within sixty days of the receipt
of any documentation necessary for payment.

Section 2 of this bill sets forth the effective date.

 
JUSTIFICATION:

Under current state law, the school placement of a child with special
educational needs remains in place during the review of such placement,
such as by an impartial hearing officer or a state review officer. This
is called the "pendency placement." This ensures that the child and
their parents have the security of knowing that they will remain in the
same school placement until there is a determination or new agreement
that changes the placement of the child. This bill simply equitably
extends this same security and protection to children whose school
placement has been agreed upon in a settlement agreement between the New
York City school district and the parents, by providing that once a
settlement agreement between the district and the parents has agreed
upon the proper school for placement of the child, that placement shall
remain in place as the pendency placement until there Is a pendency
changing event which changes the child's school placement. This will
enable children to remain in the school agreed upon in a settlement
agreement and for the parents to continue to receive uninterrupted
tuition reimbursement for such placement unless and until that placement
is changed.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None for the state. Local governments will save money and benefit finan-
cially.

2021-S7158A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7158--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 3, 2021
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the Committee on Disabilities in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the education law, in relation to pendency placements 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.  Section  4404 of the education law is amended by adding a
 new subdivision 1-b to read as follows:
   1-B. A. NOTWITHSTANDING  ANY OTHER PROVISION OF  LAW,  RULE  OR  REGU-
 LATION  TO THE CONTRARY, IN A SCHOOL DISTRICT IN A CITY  HAVING  A POPU-
 LATION  OF  ONE MILLION   OR   MORE, THE PARENT OR  PERSON  IN  PARENTAL
 RELATION SHALL BE ENTITLED TO THE PRESUMPTION THAT THE SCHOOL IDENTIFIED
 IN A SETTLEMENT AGREEMENT ENTERED ON OR AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION  IS  THE  STUDENT'S  OPERATIVE PLACEMENT FOR THE PURPOSES OF
 PENDENCY UNTIL THERE IS AN INTERVENING,  PENDENCY-CHANGING  EVENT  (THAT
 IS,  AN  ACTUAL  AGREEMENT  OF THE PARTIES; AN UNAPPEALED DECISION BY AN
 IMPARTIAL HEARING OFFICER; A DECISION OF THE STATE REVIEW  OFFICER  THAT
 AGREES  WITH  THE  PARENTS  AS  TO THE APPROPRIATENESS OF THEIR PROPOSED
 CHANGE IN PLACEMENT; OR A DETERMINATION BY A COURT ON  APPEAL  FROM  THE
 DECISION  OF  A STATE REVIEW OFFICER) OR A PROGRAM OFFERED BY THE SCHOOL
 DISTRICT AND NOT CHALLENGED BY THE PARENT. EACH  CHILD'S  IEP  SHALL  BE
 REVIEWED  PERIODICALLY,  BUT  NOT  LESS  FREQUENTLY  THAN  ANNUALLY,  AS
 REQUIRED BY 20 U.S.C. 1414(D)(4)(A)(I). PENDENCY  PAYMENTS  FOR  TUITION
 SHALL  BE  AT  THE TUITION COST OF THE PREVIOUS YEAR'S PAYMENTS UNLESS A
 NEW IEP WAS PERFORMED, AND SHALL BE MADE PROSPECTIVELY AND SHALL BE MADE
 FOR AMOUNTS NOT LESS THAN TWO MONTHS' WORTH OF TUITION OR THE  REMAINING
 BALANCE ON THE CONTRACT, WHICHEVER IS SMALLER, PROVIDED THAT THE INITIAL
 TUITION  PAYMENT MAY INCLUDE RETROACTIVE PAYMENTS. PENDENCY PAYMENTS, AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08863-14-2

 S. 7158--A                          2
 
 PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION, SHALL  CONTINUE  UNIN-
 TERRUPTED WHILE THE APPEAL IS PENDING.
   B. WHERE A CLAIM FOR TUITION FOR A SCHOOL YEAR COMMENCING IN TWO THOU-
 SAND  TWENTY  OR  EARLIER  HAS BEEN FILED PURSUANT TO THIS SECTION ON OR
 BEFORE JUNE THIRTIETH, TWO THOUSAND TWENTY-ONE AND REMAINS  PENDING  AND
 TIMELY,  THE  LOCAL  EDUCATIONAL AGENCY OF A CITY HAVING A POPULATION OF
 OVER ONE MILLION SHALL, ON OR BEFORE JANUARY FIRST, TWO  THOUSAND  TWEN-
 TY-THREE, MAKE ALL REASONABLE EFFORTS TO FINALIZE A SETTLEMENT OR INFORM
 THE PARENT OR PERSON IN PARENTAL RELATION, OR THEIR REPRESENTATIVE, THAT
 IT  HAS  NOT  BEEN  ABLE  TO SETTLE THE CLAIM. NOTHING IN THIS ACT SHALL
 PRECLUDE PARTIES FROM REACHING A SETTLEMENT  AFTER  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-THREE.    ANY  SETTLEMENTS FOR TUITION, INCLUDING THOSE
 ALREADY SETTLED, SHALL INCLUDE A SCHEDULE FOR  PAYMENTS,  THE  FIRST  OF
 WHICH  SHALL BEGIN NO LATER THAN SIXTY DAYS AFTER THE LATTER OF THE DATE
 THE SETTLEMENT IS FULLY EXECUTED OR RECEIPT OF  DOCUMENTATION  NECESSARY
 FOR  PAYMENT, AND THE REMAINDER OF WHICH SHALL BE COMPLETED WITHIN SIXTY
 DAYS OF RECEIPT OF ANY DOCUMENTATION NECESSARY FOR PAYMENT.
   § 2. This act shall take effect September 1, 2022.

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