Assembly Bill A7614

Signed By Governor
2021-2022 Legislative Session

Appoints an impartial hearing officer during certain appeal procedures for children with handicapping conditions

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6682 - Signed by Governor

  • 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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2021-A7614 (ACTIVE) - Details

See Senate Version of this Bill:
S6682
Law Section:
Education Law
Laws Affected:
Amd §4404, Ed L

2021-A7614 (ACTIVE) - Summary

Appoints an impartial hearing officer to issue an order of relief if a parent or person in parental relation of a student files a due process complaint notice seeking an impartial due process hearing.

2021-A7614 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7614
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced  by  M. of A. BENEDETTO, CYMBROWITZ -- read once and referred
   to the Committee on Education
 
 AN ACT to amend the education law, in relation to appointing  an  impar-
   tial  hearing  officer  during  certain appeal procedures for children
   with handicapping conditions

   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. IF THE PARENT OR PERSON IN PARENTAL RELATION OF A STUDENT FILES A
 DUE PROCESS COMPLAINT NOTICE SEEKING AN IMPARTIAL  DUE  PROCESS  HEARING
 WITH  RESPECT  TO  THE EVALUATION, EDUCATIONAL PLACEMENT, PROVISION OF A
 FREE APPROPRIATE PUBLIC EDUCATION TO THE STUDENT OR IN  ACCORDANCE  WITH
 SECTION  THIRTY-SIX HUNDRED TWO-C OF THIS CHAPTER AND AN IMPARTIAL HEAR-
 ING OFFICER IS NOT APPOINTED WITHIN ONE HUNDRED  NINETY-SIX  DAYS  AFTER
 FILING SUCH DUE PROCESS COMPLAINT NOTICE WITH THE LOCAL SCHOOL DISTRICT,
 IN  ACCORDANCE  WITH REGULATIONS PROMULGATED PURSUANT TO THIS SECTION BY
 THE COMMISSIONER, AN IMPARTIAL HEARING OFFICER MAY THEN  BE  IMMEDIATELY
 APPOINTED  TO  ISSUE  AN  ORDER  BASED  UPON  A PROPOSED ORDER OF RELIEF
 SUBMITTED BY THE PARENT OR PERSON IN PARENTAL RELATION  OF  THE  STUDENT
 IDENTIFYING APPROPRIATE AND INDIVIDUALIZED PROGRAMS AND SERVICES FOR THE
 STUDENT.  SCHOOL  DISTRICTS  SUBJECT  TO THIS SUBDIVISION SHALL ANNUALLY
 REPORT, ON A FORM PRESCRIBED BY  THE  COMMISSIONER,  ON  THE  NUMBER  OF
 COMPLAINTS  THAT SEEK THIS RELIEF, THE RELIEF SOUGHT, AND THE RESOLUTION
 OF SUCH COMPLAINTS TO THE  GOVERNOR,  THE  COMMISSIONER,  THE  TEMPORARY
 PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
 SENATE EDUCATION COMMITTEE, THE CHAIR OF THE SENATE  CITY  OF  NEW  YORK
 EDUCATION COMMITTEE AND THE CHAIR OF THE ASSEMBLY EDUCATION COMMITTEE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 by the commissioner of education on or before such effective date.

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