Bill Text: NY S00757 | 2023-2024 | General Assembly | Amended
Bill Title: Relates to pendency placements in a school district in a city having a population of one million or more.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO DISABILITIES [S00757 Detail]
Download: New_York-2023-S00757-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 757--A 2023-2024 Regular Sessions IN SENATE January 6, 2023 ___________ Introduced by Sen. LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Disabilities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: 1 Section 1. Section 4404 of the education law is amended by adding a 2 new subdivision 1-b to read as follows: 3 1-b. a. Notwithstanding any other provision of law, rule or regu- 4 lation to the contrary, in a school district in a city having a popu- 5 lation of one million or more, the parent or person in parental 6 relation shall be entitled to the presumption that the school identified 7 in a settlement agreement entered on or after the effective date of this 8 subdivision is the student's operative placement for the purposes of 9 pendency until there is an intervening, pendency-changing event (that 10 is, an actual agreement of the parties; an unappealed decision by an 11 impartial hearing officer; a decision of the state review officer that 12 agrees with the parents as to the appropriateness of their proposed 13 change in placement; or a determination by a court on appeal from the 14 decision of a state review officer) or a program offered by the school 15 district and not challenged by the parent. Each child's IEP shall be 16 reviewed periodically, but not less frequently than annually, as 17 required by 20 U.S.C. 1414(d)(4)(A)(i). Pendency payments for tuition 18 shall be at the tuition cost of the previous year's payments unless a 19 new IEP was performed, and shall be made prospectively and shall be made 20 for amounts not less than two months' worth of tuition or the remaining 21 balance on the contract, whichever is smaller, provided that the initial 22 tuition payment may include retroactive payments. Pendency payments, as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00163-04-3S. 757--A 2 1 provided for in subdivision four of this section, shall continue unin- 2 terrupted while the appeal is pending. 3 b. Where a claim for tuition for a school year commencing in two thou- 4 sand twenty-one or earlier has been filed pursuant to this section on or 5 before June thirtieth, two thousand twenty-two and remains pending and 6 timely, the local educational agency of a city having a population of 7 over one million shall, on or before January first, two thousand twen- 8 ty-four, make all reasonable efforts to finalize a settlement or inform 9 the parent or person in parental relation, or their representative, that 10 it has not been able to settle the claim. Nothing in this act shall 11 preclude parties from reaching a settlement after January first, two 12 thousand twenty-four. Any settlements for tuition, including those 13 already settled, shall include a schedule for payments, the first of 14 which shall begin no later than sixty days after the latter of the date 15 the settlement is fully executed or receipt of documentation necessary 16 for payment, and the remainder of which shall be completed within sixty 17 days of receipt of any documentation necessary for payment. 18 § 2. This act shall take effect on the ninetieth day after it shall 19 have become a law.
