NY State Senate Bill 2021-S7183

Archive: Last Bill Status - In Senate Committee New York City Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to new york city education
Jun 04, 2021	referred to rules

2021-S7183 (ACTIVE) - Details

Current Committee:: Senate New York City Education
Law Section:: Education Law
Laws Affected:: Amd §4404, Ed L; add §1049-c, NYC Chart

2021-S7183 (ACTIVE) - Summary

Requires the appointment of impartial hearing officers in New York City school districts for appeals procedures for children with handicapping conditions.

2021-S7183 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7183

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the education law, in relation to impartial hearings in
school districts in cities with a population of one million or more

 
SUMMARY OF PROVISIONS OF BILL:

Bill sections 1 and 2 amend Education Law § 4404(1)(c) to authorize the
New York City Office of Administrative Trials and Hearings (OATH) to
appoint independent adjudicators (who would be primarily be employees of
OATH, and may also include independent contractors) to conduct impartial
hearings concerning placements of students with disabilities. OATH would
train and certify the independent adjudicators. These sections also
codify current State regulations that authorize impartial hearing offi-
cers to conduct hearings remotely.

Bill section 3 adds a new section 1049-c to Chapter 45 of the New York
City Charter, creating a new Special Education Hearings Division within
OATH responsible for functions conducted by impartial hearing officers
pursuant to Education Law SS 4404 and 4410. Under § 1049-c(b), OATH's

chief administrative law judge would direct the division; and would
appoint, train, certify, evaluate, discipline and remove independent
adjudicators, and determine their compensation.  The chief administra-
tive law judge would assign cases to the independent adjudicators on a
rotational basis; set deadlines and other requirements for the disposi-
tion of cases as needed to comply with applicable mandates; and have
authority to issue regulations to supplement regulations of the State
Commissioner of Education.  Section 1049-c(c) requires the independent
adjudicators to conduct hearings in a manner consistent with regulations
issued by the State Education Commissioner and any additional regu-
lations issued by the chief administrative law judge, and authorizes
hearings to be conducted remotely.

Bill section 4 provides that existing rights and remedies will not be
affected by reason of the adoption of this act. Bill section 5 provides
that actions and proceedings pending at the effective date of this act
will not be affected or abated by its adoption. Bill section 6 author-
izes the State Commissioner of Education, OATH's chief administrative
judge, and the New York City School District's Chancellor to promulgate
rules necessary to effectuate the act consistent with applicable federal
law.  Bill section 7 establishes an immediate effective date with a
transition period that starts on the effective date and ends on the
later of January 1, 2022 or 30 days after the date when OATH's chief
administrative law judge certifies to the State Education Commissioner
that OATH has taken,all steps necessary to assume the responsibilities
conferred on it by this act. Impartial hearing officers already assigned
to cases prior to the effective date would continue to handle those
cases. During the transition period, the City School District may refer
cases to impartial hearing officers in accordance with provisions of the
Education Law in effect prior to the transition period, or to OATH, in
accordance with a random assignment system agreed upon between the City
School District and OATH. After the conclusion of the transition period,
impartial hearing officers would not be assigned new cases arising from
City School District except by OATH. Bill section 7(3) provides for the
amendments to Education Law § 4404 to be subject to the sunset of
provisions of that section pursuant to Chapter 352 of the Laws of 2005.
 
JUSTIFICATION:

The City School District for the City of New York (the "City School
District") annually provides public education to over 1.1 million
students who reside in New York City, and fully supports this bill.

Under both the Individuals with Disabilities Education Act, and Article
89 of the Education Law, the New York City Department of Education (DOE)
is required to evaluate and offer each student who resides in the City
School District and is a student with a disability (as defined under
federal and state law) a free appropriate public education ("FAPE"). The
offer of FAPE is set forth in a written document known as an individual-
ized education program ("IEP"), which is updated annually. Under the
IDEA and Article 89, a parent of a student with a disability may chal-
lenge the identification, evaluation, or educational placement of the
student, or the provision of a FAPE to the student, by filing a due
process complaint ("DPC"), which commences an impartial due process
hearing.  The City School District may also bring a challenge on some of
these grounds. See 20 U.S.C. §§ 1415(b)(6), (c), (f)- (i).

The statutory schedule for the due process proceeding begins with a
30-day resolution period, during which the parties to the DPC are to try
to amicably resolve their dispute. If resolution is unsuccessful (and/or
the parties do not agree to mediation), there is a 45-day period
(excluding lawfully granted extensions) for the trial of the due process
complaint.

The New York City Impartial Hearing Office is currently charged with the
administration of the impartial due process hearing system for the City
District. However, the recruitment, training, certification, appointment
and discipline of impartial hearing officers ("IHOs") is committed to
the State Education Commissioner ("SED"). In addition, state regulations
govern the practice before the IHOs.

Currently, there are thousands of due process complaints that have been
filed with the New York City Impartial Hearing Office for which an IHO
has not been assigned. This is the result of several factors.  First, to
maintain certification, an impartial hearing officer need only accept
one case every two years. Second, between roughly July and October every
school year, thousands of DPCs are filed with the New York City Impar-
tial Hearing Office (from July - October 2020 there were around 6500).
Thus, not only is the current number of DPC filings extremely large, but
also each year's DPC filings adds to the backlog. Third, the current
roster of IHOs assigned to the New York City Impartial Hearing Office is
insufficient to handle the caseload.  There is no requirement that an
IHO carry a minimum case load; indeed more than half of IHOs carry
twelve or fewer cases. Thus, the current system is not working, with the
result that all parties are being deprived of timely due process.

The proposed legislation would replace the current system for the City
School District with a full-time administrative adjudicatory system,
with the goal of efficaciously eliminating the backlog and providing
timely hearings going forward. The New York City Office of Administra-
tive Trials and Hearings ("OATH"), a component of New York City govern-
ment, not DOE, would be responsible for the new system.  OATH would be
responsible for the recruitment, training, certification and appointment
of a cadre of full-time hearing officers to hear both pending and newly
filed DPCs. The officers would be required to have practiced law for at
least 5 years, as compared to the one year currently required under
State regulations, but as in State regulations they would be required to
have at least one year of practice or experience in fields of particular
relevance to the DPCs. OATH would also be responsible for implementing
procedural rules concerning extensions of time, conduct of hearings,
etc. as well as the discipline of IHOs. Because OATH is not part of DOE,
there is no appearance of impropriety. Moreover, because OATH plans to
staff its impartial hearing division with full-time administrative hear-
ing adjudicators, it will have the staff and administrative structure to
make it possible to have impartial hearings fairly and timely adjudi-
cated, including trials on consecutive days, and to generate well-rea-
soned decisions based on the facts applicable to the student's current
special education placement.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State of New York. Undetermined to the City of New York.

 
EFFECTIVE DATE:
Immediately, provided that:
1. Impartial hearing officers assigned prior to the conclusion of the
transition period described in subdivision two of this section to review
a due process complaint or preside over a due process hearing pursuant
to sections 4404 and 4410 of the education law shall continue to have
jurisdiction with respect to such cases. After the conclusion of the
transition period, impartial hearing officers shall not be assigned new
cases arising from the city school district of the city of New York
except by the office of administrative trials and hearings of the city
of New York.
2. A transition period shall commence upon the effective date of this
act. During such transition period, the city school district of the city
of New York may refer cases to impartial hearing officers in accordance
with provisions of the education law in effect prior to the transition
period, or to the office of administrative trials and hearings of the
city of New York. Such referrals shall be made in accordance with a
random assignment system agreed upon between the city school district
and such office. Such transition period shall end on the later of Janu-
ary 1, 2022 or 30 days after the date when the chief administrative law
judge of the New York city office of administrative trials and hearings
certifies to the state education commissioner that such office has taken
all steps necessary to assume the responsibilities conferred on such
office by this act.
3. The amendments to paragraph c of subdivision 1 of section 4404 of the
education law made by section one of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 22 of
chapter 352 of the laws of 2005, as amended, when upon such date the
provisions of section two of this act shall take effect.

2021-S7183 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7183
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 4, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 impartial hearings in
   school districts in cities with 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. Paragraph c of subdivision 1 of section 4404 of the educa-
 tion law, as amended by chapter 583 of the laws of 2007, is  amended  to
 read as follows:
   c.  Individuals so appointed by a STATE AGENCY OR A board of education
 [or a state agency] OTHER THAN THE BOARD IN A CITY SCHOOL DISTRICT OF  A
 CITY  HAVING  A POPULATION OF MORE THAN ONE MILLION INHABITANTS shall be
 selected from a list of available impartial hearing  officers  who  have
 successfully  completed  an  impartial  hearing officer training program
 conducted by the department according to a  rotation  selection  process
 prescribed  in  regulations  of  the  commissioner[;  except that a city
 school district of a city having a population of more than  one  million
 inhabitants shall be exempt from such regulations to the extent it main-
 tains  its  rotational  selection process in effect prior to July first,
 nineteen hundred ninety-three].  IN A CITY SCHOOL  DISTRICT  OF  A  CITY
 HAVING  A  POPULATION  OF  MORE  THAN ONE MILLION INHABITANTS, IMPARTIAL
 HEARING OFFICERS SHALL BE APPOINTED FROM AMONG INDEPENDENT  ADJUDICATORS
 EMPLOYED  BY THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS. AN IMPAR-
 TIAL HEARING OFFICER MAY RECEIVE EVIDENCE, INCLUDING BUT NOT LIMITED  TO
 DOCUMENTARY  AND TESTIMONIAL EVIDENCE. TESTIMONY MAY BE GIVEN IN PERSON,
 BY TELEPHONE OR VIDEO CONFERENCE, PROVIDED THAT SUCH TESTIMONY SHALL  BE
 MADE  UNDER  OATH  AND  SHALL  BE SUBJECT TO CROSS EXAMINATION, PROVIDED
 FURTHER THAT ALL PERSONALLY IDENTIFIABLE DATA,  INFORMATION  OR  RECORDS
 PERTAINING  TO STUDENTS WITH DISABILITIES EXAMINED DURING SUCH TESTIMONY
 SHALL BE SUBJECT TO  THE  CONFIDENTIALITY  REQUIREMENTS  ESTABLISHED  BY
 REGULATIONS  OF  THE  COMMISSIONER.  A  record of proceedings before the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11755-01-1

 S. 7183                             2
 
 impartial hearing officer shall be maintained and made available to  the
 parties, and the hearing shall be conducted in accordance with the regu-
 lations  of  the commissioner. The board of education or trustees of the
 school  district or the state agency responsible for providing education
 to students with disabilities shall have the burden of proof,  including
 the burden of persuasion and burden of production, in any such impartial
 hearing,  except  that  a  parent or person in parental relation seeking
 tuition reimbursement for a unilateral parental placement shall have the
 burden of persuasion and burden of production on the appropriateness  of
 such  placement.  The decision of the impartial hearing officer shall be
 binding upon both parties unless appealed to the state  review  officer.
 The  commissioner  shall  establish  a department training program which
 shall be completed to the satisfaction of the commissioner as  a  condi-
 tion of certification, PROVIDED THAT THE OFFICE OF ADMINISTRATIVE TRIALS
 AND  HEARINGS  OF  A  CITY  HAVING A POPULATION OF MORE THAN ONE MILLION
 INHABITANTS SHALL BE AUTHORIZED TO GRANT CERTIFICATION  TO  PERSONS  WHO
 HAVE  COMPLETED  TRAINING  REQUIRED BY SUCH OFFICE, AND TO REQUIRE ADDI-
 TIONAL TRAINING FOR PERSONS WHO HAVE  RECEIVED  CERTIFICATION  FROM  THE
 STATE  EDUCATION  DEPARTMENT.  Impartial hearing officers shall have the
 qualifications specified in subsection (f) of section  fourteen  hundred
 fifteen  of  title  twenty  of  the United States code, the implementing
 federal regulations and the regulations of the commissioner. The commis-
 sioner  shall  promulgate  regulations  to  ensure  that  no  individual
 employed  by  a school district, school or program serving students with
 disabilities placed by a school district committee on special  education
 acts  as an impartial hearing officer and that no individual employed by
 such schools or programs serves as an impartial hearing officer for  two
 years  following  the  termination  of such employment. The commissioner
 shall promulgate regulations establishing procedures for the  suspension
 or revocation of impartial hearing officer certification for good cause.
 The  commissioner  shall establish maximum rates for the compensation of
 impartial hearing officers APPOINTED BY A STATE AGENCY  OR  A  BOARD  OF
 EDUCATION  OTHER  THAN  THE  BOARD  IN  A CITY SCHOOL DISTRICT OF A CITY
 HAVING A POPULATION OF MORE THAN ONE MILLION INHABITANTS, subject to the
 approval of the director of the division of the budget.
   § 2. Subdivision 1 of section 4404 of the education law, as amended by
 chapter 583 of the laws of 2007, is amended to read as follows:
   1. If the recommendation of the committee on special education is  not
 acceptable  to  the  parent  or  person  in  parental  relationship of a
 student, or if the committee or board of education or trustees fails  to
 make  or effectuate such a recommendation within such periods of time as
 may be required by regulations of  the  commissioner,  such  parents  or
 persons  in parental relationship shall notify the board of education of
 this situation and the board shall appoint an impartial hearing  officer
 to  hear  the appeal and make a determination within such period of time
 as the commissioner by regulation shall  determine,  provided  that  the
 board  of  education  or  trustees  shall  offer the parent or person in
 parental relationship  the  option  of  mediation  pursuant  to  section
 forty-four hundred four-a of this article as an alternative to an impar-
 tial  hearing. Individuals so appointed by a board of education shall be
 selected from a list of available hearing officers who have successfully
 completed a hearing officer training program conducted by the department
 according to a rotation selection process prescribed in  regulations  of
 the commissioner; except that IN a city school district of a city having
 a  population of more than one million inhabitants [shall be exempt from
 such regulations to the extent it  maintains  its  rotational  selection

 S. 7183                             3

 process  in  effect  prior to July first, nineteen hundred ninety-three]
 IMPARTIAL HEARING OFFICERS SHALL BE  APPOINTED  FROM  AMONG  INDEPENDENT
 ADJUDICATORS  EMPLOYED  BY THE OFFICE OF ADMINISTRATIVE TRIALS AND HEAR-
 INGS.  THE IMPARTIAL HEARING OFFICER MAY RECEIVE EVIDENCE, INCLUDING BUT
 NOT LIMITED TO DOCUMENTARY AND TESTIMONIAL EVIDENCE.  TESTIMONY  MAY  BE
 GIVEN  IN  PERSON,  BY TELEPHONE OR VIDEO CONFERENCE, PROVIDED THAT SUCH
 TESTIMONY SHALL BE MADE UNDER OATH AND SHALL BE SUBJECT TO  CROSS  EXAM-
 INATION,  PROVIDED FURTHER THAT ALL PERSONALLY IDENTIFIABLE DATA, INFOR-
 MATION OR RECORDS PERTAINING  TO  STUDENTS  WITH  DISABILITIES  EXAMINED
 DURING  SUCH  TESTIMONY SHALL BE SUBJECT TO THE CONFIDENTIALITY REQUIRE-
 MENTS ESTABLISHED BY  REGULATIONS  OF  THE  COMMISSIONER.  A  record  of
 proceedings  before  the  hearing  officer  shall be maintained and made
 available to the parties. The board of  education  or  trustees  of  the
 school  district or the state agency responsible for providing education
 to students with disabilities shall have the burden of proof,  including
 the burden of persuasion and burden of production, in any such impartial
 hearing,  except  that  a  parent or person in parental relation seeking
 tuition reimbursement for a unilateral parental placement shall have the
 burden of persuasion and burden of production on the appropriateness  of
 such  placement.  The  decision  of the hearing officer shall be binding
 upon both parties unless appealed  to  the  state  review  officer.  The
 commissioner  shall  establish a department training program which shall
 be completed to the satisfaction of the commissioner as a  condition  of
 certification,  PROVIDED  THAT  THE  OFFICE OF ADMINISTRATIVE TRIALS AND
 HEARINGS OF A CITY HAVING A POPULATION OF MORE THAN ONE MILLION INHABIT-
 ANTS SHALL BE AUTHORIZED TO GRANT  CERTIFICATION  TO  PERSONS  WHO  HAVE
 COMPLETED  TRAINING  REQUIRED  BY SUCH OFFICE, AND TO REQUIRE ADDITIONAL
 TRAINING FOR PERSONS WHO HAVE  RECEIVED  CERTIFICATION  FROM  THE  STATE
 EDUCATION  DEPARTMENT.  The  commissioner  shall develop and implement a
 plan to ensure that no individual employed by a school district,  school
 or  program  serving  students  with  disabilities  placed  by  a school
 district committee on special education acts  as  an  impartial  hearing
 officer  and  that  no  individual  employed by such schools or programs
 serves as an impartial hearing  officer  for  two  years  following  the
 termination  of such employment. Such plan shall be fully implemented no
 later than July first, nineteen  hundred  ninety-six.  The  commissioner
 shall  promulgate regulations establishing procedures for the suspension
 or revocation of impartial hearing officer certification for good cause.
 The commissioner shall establish maximum rates for the  compensation  of
 impartial  hearing  officers  APPOINTED  BY A STATE AGENCY OR A BOARD OF
 EDUCATION OTHER THAN THE BOARD IN A  CITY  SCHOOL  DISTRICT  OF  A  CITY
 HAVING A POPULATION OF MORE THAN ONE MILLION INHABITANTS, subject to the
 approval of the director of the division of the budget. The commissioner
 shall  promulgate  regulations establishing procedures and timelines for
 expedited hearings in cases involving: (a) review of a decision  that  a
 student  with  a  disability's  behavior was not a manifestation of such
 student's disability, or (b) review of  an  interim  alternative  educa-
 tional  setting  or other placement to the extent required under federal
 law, or (c) a request by the school district for  a  determination  that
 maintaining the current educational placement of the student is substan-
 tially likely to result in injury to the student or to others.
   §  3.  The  New  York  city charter is amended by adding a new section
 1049-c to read as follows:
   § 1049-C. SPECIAL EDUCATION HEARINGS DIVISION.  A. THERE SHALL  BE  IN
 THE  OFFICE  OF  ADMINISTRATIVE  TRIALS AND HEARINGS A SPECIAL EDUCATION
 HEARINGS DIVISION THAT SHALL BE RESPONSIBLE FOR FUNCTIONS  CONDUCTED  BY

 S. 7183                             4
 
 IMPARTIAL  HEARING OFFICERS PURSUANT TO SECTIONS FORTY-FOUR HUNDRED FOUR
 AND FORTY-FOUR HUNDRED TEN OF THE EDUCATION  LAW  FOR  THE  CITY  SCHOOL
 DISTRICT.
   B. THE CHIEF ADMINISTRATIVE LAW JUDGE SHALL HAVE AUTHORITY TO:
   1. DIRECT THE DIVISION WITH RESPECT TO ITS MANAGEMENT AND STRUCTURE;
   2.  APPOINT A STAFF OF FULL-TIME ATTORNEYS AND MAINTAIN A SUPPLEMENTAL
 ROSTER OF INDEPENDENT CONTRACTORS TO SERVE AS  INDEPENDENT  ADJUDICATORS
 WITH  THE  AUTHORITY OF IMPARTIAL HEARING OFFICERS ACTING UNDER SECTIONS
 FORTY-FOUR HUNDRED FOUR AND FORTY-FOUR HUNDRED TEN OF THE EDUCATION LAW.
 SUCH INDEPENDENT ADJUDICATORS SHALL HAVE THE QUALIFICATIONS REQUIRED  BY
 SUCH  SECTIONS AND APPLICABLE REGULATIONS OF THE STATE EDUCATION COMMIS-
 SIONER, PROVIDED THAT THEY SHALL HAVE A MINIMUM OF FIVE YEARS EXPERIENCE
 IN THE PRACTICE OF LAW, INCLUDING AT LEAST ONE YEAR OF PRACTICE OR EXPE-
 RIENCE IN THE AREAS OF EDUCATION, SPECIAL EDUCATION, DISABILITY  RIGHTS,
 CIVIL RIGHTS OR ADMINISTRATIVE LAW;
   3.  TRAIN  AND  CERTIFY  SUCH ATTORNEYS AND INDEPENDENT CONTRACTORS AS
 QUALIFIED TO CONDUCT HEARINGS PURSUANT TO  SECTIONS  FORTY-FOUR  HUNDRED
 FOUR  AND  FORTY-FOUR  HUNDRED  TEN  OF  THE  EDUCATION LAW, AND REQUIRE
 PERSONS WHO HAVE CERTIFICATION GRANTED BY THE STATE EDUCATION DEPARTMENT
 TO RECEIVE ADDITIONAL  TRAINING  TO  SUPPLEMENT  THE  TRAINING  PROVIDED
 PURSUANT TO THE EDUCATION LAW AND APPLICABLE REGULATIONS;
   4. DETERMINE THE COMPENSATION OF SUCH INDEPENDENT ADJUDICATORS;
   5. ASSIGN INDEPENDENT ADJUDICATORS TO CASES ON A ROTATIONAL BASIS;
   6.  SET  DEADLINES AND OTHER REQUIREMENTS FOR THE DISPOSITION OF CASES
 AS NEEDED TO COMPLY WITH APPLICABLE MANDATES;
   7. EVALUATE, DISCIPLINE  AND  REMOVE  INDEPENDENT  ADJUDICATORS  IN  A
 MANNER  CONSISTENT  WITH SECTIONS THIRTEEN-A, THREE HUNDRED EIGHTY-SEVEN
 AND EIGHT HUNDRED TWELVE OF THIS CHARTER.   INDEPENDENT ADJUDICATORS  IN
 THE  SPECIAL EDUCATION DIVISION SHALL NOT BE SUBJECT TO THE PROVISION OF
 SECTION ONE THOUSAND FORTY-NINE OF THIS CHAPTER THAT  REQUIRES  ADMINIS-
 TRATIVE  LAW  JUDGES TO BE APPOINTED FOR A TERM OF FIVE YEARS, AND SHALL
 NOT BE REQUIRED TO RESIDE WITHIN THE CITY;
   8. PROMULGATE REGULATIONS CONCERNING THE CONDUCT OF IMPARTIAL HEARINGS
 THAT SUPPLEMENT REGULATIONS OF THE STATE EDUCATION COMMISSIONER IN ORDER
 TO PROMOTE THE FAIR AND EFFICIENT RESOLUTION OF CASES; AND
   9. TAKE SUCH OTHER ACTIONS CONSISTENT WITH STATE  REGULATIONS  AS  THE
 CHIEF  ADMINISTRATIVE  LAW  JUDGE DETERMINES NECESSARY TO EFFECTUATE THE
 PROMPT AND EFFICIENT RESOLUTION OF CASES.
   C.  INDEPENDENT  ADJUDICATORS  SHALL  CONDUCT  HEARINGS  IN  A  MANNER
 CONSISTENT  WITH  REGULATIONS ISSUED BY THE STATE EDUCATION COMMISSIONER
 PURSUANT TO SECTION FORTY-FOUR HUNDRED FOUR AND FORTY-FOUR  HUNDRED  TEN
 OF THE EDUCATION LAW, AND ANY ADDITIONAL REGULATIONS ISSUED BY THE CHIEF
 ADMINISTRATIVE  LAW  JUDGE. THEY MAY RECEIVE EVIDENCE, INCLUDING BUT NOT
 LIMITED TO DOCUMENTARY AND TESTIMONIAL EVIDENCE. TESTIMONY MAY BE  GIVEN
 IN PERSON, BY TELEPHONE OR VIDEO CONFERENCE, PROVIDED THAT SUCH TESTIMO-
 NY  SHALL  BE MADE UNDER OATH AND SHALL BE SUBJECT TO CROSS EXAMINATION,
 PROVIDED FURTHER THAT ALL PERSONALLY IDENTIFIABLE DATA,  INFORMATION  OR
 RECORDS  PERTAINING  TO  STUDENTS WITH DISABILITIES EXAMINED DURING SUCH
 TESTIMONY SHALL BE SUBJECT TO THE  CONFIDENTIALITY  REQUIREMENTS  ESTAB-
 LISHED  BY REGULATIONS OF THE STATE EDUCATION COMMISSIONER AND ANY ADDI-
 TIONAL CONFIDENTIALITY REQUIREMENTS ESTABLISHED BY THE CHIEF ADMINISTRA-
 TIVE LAW JUDGE.
   § 4. No existing right or remedy  of  any  character  shall  be  lost,
 impaired or affected by reason of the adoption of this act.
   § 5. No action or proceeding, administrative, civil or criminal, pend-
 ing  at  the time when this act shall take effect, brought by or against

 S. 7183                             5
 
 the city school district of the city of New York or any agency or  offi-
 cer  of  such  city  school  district, or any impartial hearing officer,
 shall be affected or abated by the adoption of this act or  by  anything
 contained herein.
   §  6. The state education commissioner, the chief administrative judge
 of the New York city office of administrative trials and  hearings,  and
 the  chancellor  of  the  New York city school district shall promulgate
 such regulations as are necessary to effectuate the purposes of this act
 consistent with applicable requirements of federal law, and  shall  take
 such  other steps as are necessary to implement the requirements of this
 act.
   § 7. This act shall take effect immediately, provided that:
   1. Impartial hearing officers assigned prior to the conclusion of  the
 transition period described in subdivision two of this section to review
 a  due  process complaint or preside over a due process hearing pursuant
 to sections 4404 and 4410 of the education law shall  continue  to  have
 jurisdiction  with  respect  to  such cases. After the conclusion of the
 transition period, impartial hearing officers shall not be assigned  new
 cases  arising  from  the  city  school district of the city of New York
 except by the office of administrative trials and hearings of  the  city
 of New York.
   2.  A transition period shall commence upon the effective date of this
 act. During such transition period, the city school district of the city
 of New York may refer cases to impartial hearing officers in  accordance
 with  provisions  of the education law in effect prior to the transition
 period, or to the office of administrative trials and  hearings  of  the
 city  of  New  York.  Such  referrals shall be made in accordance with a
 random assignment system agreed upon between the  city  school  district
 and  such office. Such transition period shall end on the later of Janu-
 ary 1, 2022 or 30 days after the date when the chief administrative  law
 judge  of the New York city office of administrative trials and hearings
 certifies to the state education commissioner that such office has taken
 all steps necessary to assume the  responsibilities  conferred  on  such
 office by this act.
   3.  The  amendments to paragraph c of subdivision 1 of section 4404 of
 the education law made by section one of this act shall  be  subject  to
 the  expiration and reversion of such subdivision pursuant to section 22
 of chapter 352 of the laws of 2005, as amended, when upon such date  the
 provisions of section two of this act shall take effect.

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Senate Bill S7183

Sponsored By

Archive: Last Bill Status - In Senate Committee New York City Education Committee

2021-S7183 (ACTIVE) - Details

2021-S7183 (ACTIVE) - Summary

2021-S7183 (ACTIVE) - Sponsor Memo

2021-S7183 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7183

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Sponsored By

Andrew Gounardes

Archive: Last Bill Status - In Senate Committee New York City Education Committee

2021-S7183 (ACTIVE) - Details

2021-S7183 (ACTIVE) - Summary

2021-S7183 (ACTIVE) - Sponsor Memo

2021-S7183 (ACTIVE) - Bill Text download pdf

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