S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6587
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to standards of proof for
   the purposes of establishing a student has a disability in the univer-
   sity of the state of New York or  the  city  university  of  New  York
   system

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section  239-c
 to read as follows:
   § 239-C. PROOF OF DISABILITY FOR THE PURPOSES OF ACCOMMODATION. 1. THE
 REGENTS  SHALL  ESTABLISH  A  POLICY OF ACCEPTING THE FOLLOWING FORMS OF
 DOCUMENTATION AS PROOF THAT A STUDENT OR PROSPECTIVE STUDENT IS AN INDI-
 VIDUAL WITH A DISABILITY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) DOCUMENTATION THAT  SUCH  INDIVIDUAL  HAS  HAD  AN  INDIVIDUALIZED
 EDUCATION  PROGRAM  (IEP) UNDER THE INDIVIDUALS WITH DISABILITIES EDUCA-
 TION ACT (IDEA) PURSUANT TO PART THREE HUNDRED OF TITLE  THIRTY-FOUR  OF
 THE  CODE  OF FEDERAL REGULATIONS, AS SUCH REGULATIONS MAY, FROM TIME TO
 TIME, BE AMENDED. A UNIVERSITY MAY ASK FOR ADDITIONAL DOCUMENTATION FROM
 AN INDIVIDUAL WHO HAD AN IEP BUT  WHO  WAS  SUBSEQUENTLY  EVALUATED  AND
 DETERMINED  TO  BE  INELIGIBLE FOR SERVICES UNDER THE IDEA, INCLUDING AN
 INDIVIDUAL WHO WAS DETERMINED TO  BE  INELIGIBLE  FOR  SUCH  IEP  DURING
 ELEMENTARY SCHOOL.
   (B) DOCUMENTATION THAT SUCH INDIVIDUAL HAS RECEIVED SERVICES OR ACCOM-
 MODATIONS  PROVIDED TO SUCH INDIVIDUAL UNDER A SECTION 504 PLAN PROVIDED
 TO SUCH INDIVIDUAL PURSUANT TO SECTION 504 OF THE REHABILITATION ACT  OF
 1973.  A  UNIVERSITY MAY ASK FOR ADDITIONAL DOCUMENTATION, IF NEEDED, TO
 ESTABLISH A REASONABLE ACCOMMODATION.
   (C) A PLAN OR RECORD OF SERVICE FOR  THE  INDIVIDUAL  FROM  A  PRIVATE
 SCHOOL,  A  LOCAL  EDUCATIONAL  AGENCY, A STATE EDUCATIONAL AGENCY OR AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09629-01-5
 A. 6587                             2
              

 
 INSTITUTION OF HIGHER EDUCATION PROVIDED IN ACCORDANCE WITH  THE  AMERI-
 CANS WITH DISABILITIES ACT.
   (D) A RECORD OR EVALUATION FROM A RELEVANT LICENSED PROFESSIONAL FIND-
 ING THAT THE INDIVIDUAL HAS A DISABILITY.
   (E)  A PLAN OR RECORD OF DISABILITY FROM ANOTHER INSTITUTION OF HIGHER
 EDUCATION.
   (F) DOCUMENTATION OF A DISABILITY DUE  TO  SERVICE  IN  THE  UNIFORMED
 SERVICES.
   2. THE REGENTS SHALL PROVIDE SUCH POLICY TO STUDENTS, FACULTY, AND THE
 PUBLIC  IN ACCESSIBLE FORMATS, INCLUDING DURING ANY STUDENT ORIENTATION,
 AND PUBLICLY POSTED ON SUCH UNIVERSITY'S WEBSITE.
   3. NOTHING IN THIS SECTION  SHALL  PROHIBIT  A  UNIVERSITY  UNDER  THE
 JURISDICTION OF THE REGENTS FROM ESTABLISHING A LESS BURDENSOME CRITERIA
 FOR  DETERMINING WHETHER AN INDIVIDUAL IS AN INDIVIDUAL WITH A DISABILI-
 TY.
   § 2. The education law is amended by adding a new section 6235 to read
 as follows:
   § 6235. PROOF OF DISABILITY FOR THE PURPOSES OF ACCOMMODATION. 1.  THE
 BOARD  OF  TRUSTEES  SHALL ESTABLISH A POLICY OF ACCEPTING THE FOLLOWING
 FORMS OF DOCUMENTATION AS PROOF THAT A STUDENT OR PROSPECTIVE STUDENT IS
 AN INDIVIDUAL WITH A DISABILITY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED
 TO:
   (A) DOCUMENTATION THAT  SUCH  INDIVIDUAL  HAS  HAD  AN  INDIVIDUALIZED
 EDUCATION  PROGRAM  (IEP) UNDER THE INDIVIDUALS WITH DISABILITIES EDUCA-
 TION ACT (IDEA) PURSUANT TO PART THREE HUNDRED OF TITLE  THIRTY-FOUR  OF
 THE  CODE  OF FEDERAL REGULATIONS, AS SUCH REGULATIONS MAY, FROM TIME TO
 TIME, BE AMENDED. THE CITY UNIVERSITY MAY ASK FOR ADDITIONAL  DOCUMENTA-
 TION  FROM  AN INDIVIDUAL WHO HAD AN IEP BUT WHO WAS SUBSEQUENTLY EVALU-
 ATED AND DETERMINED TO  BE  INELIGIBLE  FOR  SERVICES  UNDER  THE  IDEA,
 INCLUDING AN INDIVIDUAL WHO WAS DETERMINED TO BE INELIGIBLE FOR SUCH IEP
 DURING ELEMENTARY SCHOOL.
   (B) DOCUMENTATION THAT SUCH INDIVIDUAL HAS RECEIVED SERVICES OR ACCOM-
 MODATIONS  PROVIDED TO SUCH INDIVIDUAL UNDER A SECTION 504 PLAN PROVIDED
 TO SUCH INDIVIDUAL PURSUANT TO SECTION 504 OF THE REHABILITATION ACT  OF
 1973. THE CITY UNIVERSITY MAY ASK FOR ADDITIONAL DOCUMENTATION, IF NEED-
 ED, TO ESTABLISH A REASONABLE ACCOMMODATION.
   (C)  A  PLAN  OR  RECORD  OF SERVICE FOR THE INDIVIDUAL FROM A PRIVATE
 SCHOOL, A LOCAL EDUCATIONAL AGENCY, A STATE  EDUCATIONAL  AGENCY  OR  AN
 INSTITUTION  OF  HIGHER EDUCATION PROVIDED IN ACCORDANCE WITH THE AMERI-
 CANS WITH DISABILITIES ACT.
   (D) A RECORD OR EVALUATION FROM A RELEVANT LICENSED PROFESSIONAL FIND-
 ING THAT THE INDIVIDUAL HAS A DISABILITY.
   (E) A PLAN OR RECORD OF DISABILITY FROM ANOTHER INSTITUTION OF  HIGHER
 EDUCATION.
   (F)  DOCUMENTATION  OF  A  DISABILITY  DUE TO SERVICE IN THE UNIFORMED
 SERVICES.
   2. THE BOARD OF TRUSTEES SHALL PROVIDE SUCH POLICY TO STUDENTS, FACUL-
 TY, AND THE PUBLIC IN ACCESSIBLE FORMATS, INCLUDING DURING  ANY  STUDENT
 ORIENTATION, AND PUBLICLY POSTED ON THE CITY UNIVERSITY'S WEBSITE.
   3.  NOTHING  IN  THIS SECTION SHALL PROHIBIT THE CITY UNIVERSITY UNDER
 THE JURISDICTION OF THE BOARD  OF  TRUSTEES  FROM  ESTABLISHING  A  LESS
 BURDENSOME CRITERIA FOR DETERMINING WHETHER AN INDIVIDUAL IS AN INDIVID-
 UAL WITH A DISABILITY.
   § 3. This act shall take effect immediately.