S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    625
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. EICHENSTEIN, COLTON, PHEFFER AMATO, R. CARROLL --
   read once and referred to the Committee on Education
 
 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
 PROVIDED  FOR  IN SUBDIVISION FOUR OF THIS SECTION, SHALL CONTINUE UNIN-
 TERRUPTED WHILE THE APPEAL IS PENDING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01630-01-5
 A. 625                              2
 
   B. WHERE A CLAIM FOR TUITION FOR A SCHOOL YEAR COMMENCING IN TWO THOU-
 SAND TWENTY-THREE OR EARLIER HAS BEEN FILED PURSUANT TO THIS SECTION  ON
 OR  BEFORE  JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR 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
 TWENTY-SIX, MAKE ALL REASONABLE EFFORTS  TO  FINALIZE  A  SETTLEMENT  OR
 INFORM  THE  PARENT  OR  PERSON IN PARENTAL RELATION, OR THEIR REPRESEN-
 TATIVE, 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-SIX.  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 NECES-
 SARY  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 on the ninetieth day  after  it  shall
 have become a law.