NY State Senate Bill 2025-S1325

Senate Bill S1325

2025-2026 Legislative Session

Relates to the submission of requests to the committee on special education for the educational services mandated by an individualized education services program

download bill text pdf

Current Bill Status - In Senate Committee 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 09, 2025	referred to education

2025-S1325 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3602-c, Ed L

2025-S1325 (ACTIVE) - Summary

Provides that a parent or person in parental relation to a student with a disability attending a nonpublic school has until April 1, 2025 to submit a request for the 2024-2025 school year to the committee on special education of the school district of location for educational services mandated by an individualized education services program if the previous request was denied on procedural grounds.

2025-S1325 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1325

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the education law, in relation to the submission of
requests to the committee on special education for the educational
services mandated by an individualized education services program

 
PURPOSE::

To address procedural barriers that have prevented students with disa-
bilities attending nonpublic schools from accessing their entitled
educational services.

 
SUMMARY OF SPECIFIC PROVISIONS::

Section 1 amends § 3602-c of the Education Law by adding a new subdivi-
sion 2-d, comprised of the following paragraphs:

2-d(a) provides that parents or guardians of students with disabilities
attending nonpublic schools shall have until April 1, 2025 to submit

requests for educational services for the 2024-2025 school year.

2-d(b) defines the term "procedural grounds."

2-d(c) provides that, within 14 days of the effective date of this act,
school districts shall afford parents or guardians of students whose
requests for the 2024-2025 school year were denied on procedural grounds
a reasonable opportunity to remedy their applications.

2-d(d) provides that school districts shall authorize services for the
2024-2025 school year within 14 days of receiving a procedurally suffi-
cient application.

2-d(e) provides that for students previously the subject of a due proc-
ess hearing regarding service rates under § 4404 of the Education Law,
school districts shall authorize the hourly rate established in that
determination without requiring new proceedings.

2-d(f) empowers parents or guardians who obtained equivalent services
due to procedural denials during the 2023-2024 or 2024-2025 school years
to seek reimbursement for costs incurred.

2-d(g) empowers parents or guardians to seek compensatory services for
students denied services on procedural grounds during the 2023-2024 or
2024-2025 school years.

2-d(h) prohibits conditioning special educational services mandated
under § 3602 of the Education Law on the waiver of procedural safe-
guards.

2-d(i) sets forth that school districts shall notify all parents or
guardians of nonpublic school students with disabilities of the
provisions of this act within 14 days of its effective date.

Section 2 sets forth the effective date.

 
JUSTIFICATION::
Students with disabilities attending nonpublic schools in New York are
entitled to equitable access to educational services under the state's
Education Law § 3602-c. However, for the 20242025 school year, school
districts adopted strict enforcement policies that created unprecedented
barriers for families to obtain services. These policies were ostensibly
intended to reduce administrative burdens, but were implemented without
adequate notice or support for families.  As a result, thousands of
eligible students were denied critical educational services due to minor
and uncommunicated technical deficiencies. These measures forced fami-
lies to shoulder the burdens of an inefficient system, with the conse-
quences falling hardest on vulnerable children whose education was
unjustly denied. When services are delayed or denied, students lose
critical support necessary for their academic success and development.
Families often also bear a significant financial burden, paying out-of-
pocket for services that are typically publicly funded.

This bill would provide a temporary, targeted solution for students
impacted in the 2023-2024 and 2024-2025 school years. Specifically, it
would extend the deadline for families to request services for the
2024-2025 school year to April 1, 2025, affording them time to address
procedural errors. School districts would be required to notify families
of deficiencies in their applications, provide clear instructions for
corrections, and allow resubmissions. Services would be authorized with-
in 14 days of receiving a complete application. To reduce administrative
burdens, districts would honor rates established in prior due process
hearings without requiring new proceedings. Families who incurred costs
for equivalent services during the 2023-2024 and 2024-2025 school years
would be empowered to seek reimbursement, and students denied services
would be empowered to seek compensatory education to address the harm
caused. This bill would also ensure that families retain their legal
protections by prohibiting districts from conditioning services on the
waiver of due process rights.

 
LEGISLATIVE HISTORY::

None.   
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE::

This act shall take effect immediately.

2025-S1325 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1325
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in  relation  to  the  submission  of
   requests  to  the  committee  on special education for the educational
   services mandated by an individualized education services program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3602-c of the education law is amended by adding a
 new subdivision 2-d to read as follows:
   2-D. A. NOTWITHSTANDING ANY PROVISION TO THE  CONTRARY,  FOR  THE  TWO
 THOUSAND  TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR, A PARENT OR
 PERSON IN PARENTAL RELATION TO A STUDENT WITH A DISABILITY  ATTENDING  A
 NONPUBLIC  SCHOOL SHALL HAVE UNTIL APRIL FIRST, TWO THOUSAND TWENTY-FIVE
 TO SUBMIT A REQUEST TO THE COMMITTEE ON SPECIAL EDUCATION OF THE  SCHOOL
 DISTRICT  OF  LOCATION FOR THE EDUCATIONAL SERVICES MANDATED BY AN INDI-
 VIDUALIZED EDUCATION SERVICES PROGRAM FOR THE STUDENT.
   B. FOR PURPOSES OF THIS SUBDIVISION, "PROCEDURAL GROUNDS"  SHALL  MEAN
 ADMINISTRATIVE  OR PROCEDURAL ERRORS IN THE APPLICATION PROCESS, INCLUD-
 ING, BUT NOT LIMITED TO, FAILURE TO MEET  SUBMISSION  DEADLINES,  INCOM-
 PLETE  DOCUMENTATION, OR OTHER TECHNICAL ERRORS, AND NOT THE SUBSTANTIVE
 ELIGIBILITY OR NEEDS OF THE STUDENT.
   C. WITHIN FOURTEEN DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
 COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT OF LOCATION  SHALL
 PROVIDE  WRITTEN NOTICE TO EACH PARENT OR PERSON IN PARENTAL RELATION TO
 A STUDENT WITH A DISABILITY ATTENDING A NONPUBLIC SCHOOL LOCATED IN SUCH
 DISTRICT WHOSE REQUEST FOR SERVICES FOR THE TWO  THOUSAND  TWENTY-FOUR--
 TWO  THOUSAND  TWENTY-FIVE  SCHOOL YEAR WAS DENIED ON PROCEDURAL GROUNDS
 PRIOR TO THE EFFECTIVE DATE  OF  THIS  SUBDIVISION.  SUCH  NOTICE  SHALL
 AFFORD  SUCH PARENT OR PERSON IN PARENTAL RELATION A REASONABLE OPPORTU-
 NITY TO CURE THE PROCEDURAL DEFICIENCIES. SUCH NOTICE SHALL INCLUDE:
   (1) IDENTIFICATION OF ALL DEFICIENCIES IN THE ORIGINAL APPLICATION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03202-02-5

 S. 1325                             2
 
   (2) A DESCRIPTION OF THE STEPS NECESSARY TO REMEDY SUCH  DEFICIENCIES;
 AND
   (3)  INFORMATION  REGARDING THE EXTENDED SUBMISSION DEADLINE SET FORTH
 IN PARAGRAPH A OF THIS SUBDIVISION.
   D. SERVICES REQUESTED PURSUANT TO THIS SECTION FOR  THE  TWO  THOUSAND
 TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE SCHOOL YEARS SHALL BE AUTHORIZED
 BY THE COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT OF LOCATION
 WITHIN FOURTEEN DAYS OF RECEIPT OF A PROCEDURALLY SUFFICIENT APPLICATION
 AS DETERMINED BY THE COMMITTEE  ON  SPECIAL  EDUCATION  OF  SUCH  SCHOOL
 DISTRICT.
   E.  SERVICES  REQUESTED  FOR  A  STUDENT WITH A DISABILITY FOR THE TWO
 THOUSAND TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE  SCHOOL  YEAR  WHO  HAS
 PREVIOUSLY  BEEN THE SUBJECT OF A DUE PROCESS HEARING REGARDING THE RATE
 FOR SUCH SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED  FOUR  OF  THIS
 CHAPTER,  SHALL BE AUTHORIZED AT THE HOURLY RATE ESTABLISHED IN THE MOST
 RECENT PRIOR DUE PROCESS DETERMINATION WITHOUT REQUIRING THE  PARENT  OR
 PERSON  IN  PARENTAL  RELATION TO INITIATE A NEW DUE PROCESS PROCEEDING.
 SUCH ENHANCED RATE SHALL BE  AUTHORIZED  BY  THE  COMMITTEE  ON  SPECIAL
 EDUCATION  OF  THE  SCHOOL  DISTRICT OF LOCATION WITHIN FOURTEEN DAYS OF
 RECEIPT OF A REQUEST DEMONSTRATING THE PRIOR DETERMINATION AND ELIGIBIL-
 ITY FOR SERVICES. PARENTS OR PERSONS IN PARENTAL RELATION TO  A  STUDENT
 WITH  A  DISABILITY  MAY  INITIATE A NEW DUE PROCESS HEARING PURSUANT TO
 SECTION FORTY-FOUR HUNDRED FOUR OF THIS CHAPTER IF THEY DEEM THE  PREVI-
 OUS RATE NO LONGER ACCEPTABLE OR WISH TO ADJUDICATE OTHER ISSUES RELATED
 TO THE STUDENT'S NEEDS, SERVICES OR ELIGIBILITY.
   F.  PARENTS  OR PERSONS IN PARENTAL RELATION TO A STUDENT WITH A DISA-
 BILITY WHO WAS OTHERWISE ELIGIBLE TO RECEIVE SPECIAL EDUCATION  SERVICES
 BUT WAS DENIED PROVISION OF SUCH SERVICES ON PROCEDURAL GROUNDS, AND WHO
 THEREAFTER  SUBMITTED  A  REQUEST PURSUANT TO THIS SUBDIVISION, SHALL BE
 ENTITLED TO PAYMENT FOR COSTS INCURRED IN OBTAINING EQUIVALENT  SERVICES
 THROUGH  OTHER MEANS. SUCH PAYMENT SHALL NOT EXCEED THE COST OF SERVICES
 FOR WHICH THE STUDENT WAS PREVIOUSLY DETERMINED TO BE ELIGIBLE,  AT  THE
 RATE DETERMINED BY THE SCHOOL DISTRICT OF LOCATION OR AT THE RATE DETER-
 MINED  BY  AN  IMPARTIAL  HEARING  OFFICER APPOINTED PURSUANT TO SECTION
 FORTY-FOUR HUNDRED FOUR OF THIS CHAPTER, WHICHEVER RATE  IS  HIGHER.  IF
 THE  STUDENT WAS PREVIOUSLY THE SUBJECT OF A DUE PROCESS HEARING REGARD-
 ING THE RATE FOR EQUIVALENT SERVICES, THE  HOURLY  RATE  ESTABLISHED  IN
 THAT  HEARING  SHALL  APPLY  FOR  PURPOSES OF THIS PROVISION. CLAIMS FOR
 PAYMENT MUST BE FILED WITHIN TWO YEARS OF THE END OF THE SCHOOL YEAR FOR
 WHICH THE COSTS WERE INCURRED OR WITHIN TWO YEARS OF THE EFFECTIVE  DATE
 OF  THIS  SUBDIVISION,  WHICHEVER DATE IS LATER. CLAIMS SHALL BE ADJUDI-
 CATED BY AN IMPARTIAL HEARING  OFFICER  APPOINTED  PURSUANT  TO  SECTION
 FORTY-FOUR  HUNDRED  FOUR  OF  THIS  CHAPTER AND MUST INCLUDE SUFFICIENT
 DOCUMENTATION TO DEMONSTRATE THE STUDENT'S ELIGIBILITY FOR SERVICES  AND
 THE  COSTS  INCURRED.  PAYMENTS UNDER THIS PARAGRAPH SHALL ONLY APPLY TO
 COSTS INCURRED DURING THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND  TWEN-
 TY-FOUR  AND  TWO  THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEARS.
   G. PARENTS OR PERSONS IN PARENTAL RELATION TO A STUDENT WITH  A  DISA-
 BILITY  WHO WAS OTHERWISE ELIGIBLE TO RECEIVE SPECIAL EDUCATION SERVICES
 BUT WAS DENIED PROVISION OF SUCH SERVICES ON PROCEDURAL GROUNDS, AND WHO
 WERE UNABLE TO FULLY OBTAIN SUCH SERVICES THROUGH OTHER MEANS, MAY  SEEK
 COMPENSATORY  SERVICES  AS  A  REMEDY FOR THE HARM CAUSED BY THE LACK OF
 SERVICES. CLAIMS FOR COMPENSATORY SERVICES  MUST  BE  FILED  WITHIN  TWO
 YEARS  OF  THE END OF THE SCHOOL YEAR FOR WHICH THE SERVICES WERE DENIED
 OR WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, WHICHEVER
 S. 1325                             3
 
 DATE IS LATER. CLAIMS SHALL BE ADJUDICATED BY AN IMPARTIAL HEARING OFFI-
 CER APPOINTED PURSUANT TO SECTION FORTY-FOUR HUNDRED FOUR OF THIS  CHAP-
 TER  AND  MUST  INCLUDE  SUFFICIENT  DOCUMENTATION  TO  DEMONSTRATE  THE
 STUDENT'S ELIGIBILITY FOR COMPENSATORY SERVICES.
   H. UPON APPROVAL OF A CLAIM FOR COMPENSATORY SERVICES PURSUANT TO THIS
 SUBDIVISION,  THE  COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT
 OF LOCATION SHALL REVIEW THE STUDENT'S NEEDS AND DEVELOP AN  INDIVIDUAL-
 IZED  EDUCATION  SERVICE  PROGRAM  THAT  INCORPORATES  THE  COMPENSATORY
 SERVICES.   IF THE STUDENT  HAS  AN  EXISTING  INDIVIDUALIZED  EDUCATION
 SERVICE  PROGRAM,  THE  COMMITTEE  ON  SPECIAL EDUCATION SHALL AMEND THE
 INDIVIDUALIZED EDUCATION SERVICE PROGRAM  TO  INCLUDE  THE  COMPENSATORY
 SERVICES,  UNLESS  AND  UNTIL A NEW EVALUATION OR REVIEW DETERMINES THAT
 FURTHER AMENDMENTS ARE NECESSARY. THE  COMPENSATORY  SERVICES  SHALL  BE
 PROVIDED  DURING  THE SCHOOL YEAR FOR WHICH THE HARM OCCURRED AND DURING
 SUBSEQUENT SCHOOL YEARS. THE COMMITTEE ON SPECIAL EDUCATION SHALL NOTIFY
 THE PARENT OR PERSON IN PARENTAL RELATION  OF  THE  APPROVAL  AND  INTE-
 GRATION  OF  COMPENSATORY  SERVICES  INTO  THE  INDIVIDUALIZED EDUCATION
 SERVICE PROGRAM AND PROVIDE A DETAILED DESCRIPTION OF HOW AND  WHEN  THE
 SERVICES WILL BE DELIVERED.
   I.  NO SERVICES PROVIDED PURSUANT TO THIS SECTION SHALL BE CONDITIONED
 UPON THE WAIVER OF ANY PROCEDURAL SAFEGUARDS AVAILABLE PURSUANT TO:  (I)
 THIS  ARTICLE;  (II)  ARTICLE  EIGHTY-NINE OF THIS CHAPTER; OR (III) ANY
 OTHER OR APPLICABLE STATE AND FEDERAL LAW. ANY AGREEMENT  THAT  PURPORTS
 TO  WAIVE SUCH SAFEGUARDS IN VIOLATION OF THIS PARAGRAPH SHALL BE DEEMED
 VOID AS A MATTER OF PUBLIC POLICY.
   J. WITHIN FOURTEEN DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
 COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT OF LOCATION  SHALL
 PROVIDE WRITTEN NOTICE TO ALL PARENTS OR PERSONS IN PARENTAL RELATION TO
 STUDENTS  WITH  DISABILITIES  ATTENDING  NONPUBLIC  SCHOOLS  WITHIN SUCH
 DISTRICT REGARDING THE  PROVISIONS  OF  THIS  SUBDIVISION.  SUCH  NOTICE
 SHALL:
   (1)  BE  PROVIDED  IN  THE  NATIVE LANGUAGE OF THE PARENT OR PERSON IN
 PARENTAL RELATION;
   (2) INCLUDE A DESCRIPTION OF  THE  EXTENDED  DEADLINE  FOR  REQUESTING
 SERVICES PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION;
   (3)  INCLUDE A DESCRIPTION OF THE ELIGIBILITY CRITERIA AND PROCESS FOR
 SEEKING PAYMENT FOR COSTS  INCURRED  IN  OBTAINING  EQUIVALENT  SERVICES
 UNDER  PARAGRAPH  F  OF  THIS  SUBDIVISION,  INCLUDING THE DOCUMENTATION
 REQUIRED TO DEMONSTRATE ELIGIBILITY AND COSTS INCURRED;
   (4) INCLUDE A DESCRIPTION OF THE ELIGIBILITY CRITERIA AND PROCESS  FOR
 SEEKING  COMPENSATORY  SERVICES  UNDER  PARAGRAPH G OF THIS SUBDIVISION,
 INCLUDING THE DOCUMENTATION REQUIRED  TO  DEMONSTRATE  ELIGIBILITY,  THE
 PROCESS  FOR  ADJUDICATION  BY AN IMPARTIAL HEARING OFFICER, AND DETAILS
 ABOUT HOW APPROVED COMPENSATORY SERVICES WILL BE INCORPORATED  INTO  THE
 INDIVIDUALIZED EDUCATION SERVICE PROGRAM; AND
   (5)  INCLUDE  AN  EXPLANATION  OF  THE PROCEDURAL SAFEGUARDS AVAILABLE
 UNDER PARAGRAPH I OF THIS SUBDIVISION, WITH A CLEAR  STATEMENT  THAT  NO
 SERVICES  PROVIDED  UNDER THIS SUBDIVISION SHALL BE CONDITIONED UPON THE
 WAIVER OF SUCH SAFEGUARDS AND THAT ANY  AGREEMENT  PURPORTING  TO  WAIVE
 SUCH SAFEGUARDS IS VOID AS A MATTER OF PUBLIC POLICY.
   § 2. This act shall take effect immediately.

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