Bill Text: NY S03558 | 2025-2026 | General Assembly | Introduced
Bill Title: Provides for due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2025-01-28 - REFERRED TO DISABILITIES [S03558 Detail]
Download: New_York-2025-S03558-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3558 2025-2026 Regular Sessions IN SENATE January 28, 2025 ___________ Introduced by Sens. CLEARE, MAYER, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Disabil- ities AN ACT to amend the mental hygiene law, in relation to due process procedures for certain persons who will become eligible to receive transitional care or certain care at a future date The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (e) of section 13.38 of the mental hygiene law, 2 as amended by chapter 106 of the laws of 2015, is amended to read as 3 follows: 4 (e) 1. Upon making a determination that a person who is receiving 5 transitional care or care pursuant to subdivision (g) of this section, 6 or who has received an offer for care from the office prior to becoming 7 eligible to receive transitional care or care pursuant to subdivision 8 (g) of this section, can be appropriately cared for in an available 9 adult care facility or service licensed, certified or approved by the 10 office, and whose removal from a child care facility is not required on 11 an expedited basis, the office shall notify in writing the person and 12 the person's guardian, if one has been appointed, or another individual 13 who has been involved in the care of the person and who may represent 14 the person's interests, of the description of the proposed new place- 15 ment, the availability of an administrative appeal to review the deter- 16 mination and of the need to request such an appeal in writing within 17 thirty days of the notice. If the person, guardian or other individual 18 requests an administrative appeal within the time required, the office 19 shall schedule a hearing providing no less than ten days notice to the 20 objecting party and the commissioner or [his or her] such commissioner's 21 designee shall issue a written determination to the objecting party 22 within thirty days of the adjournment of the hearing, on whether the 23 adult placement identified by the office is appropriate to the needs of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01009-01-5S. 3558 2 1 the person and is available or will become available on an identified 2 date certain. If the person, guardian or other individual does not 3 request a hearing within the time required, or if the hearing results in 4 a determination that the proposed adult services or placement is appro- 5 priate to the needs of the person and is available or will be available 6 on an identified date certain, the office shall discontinue care funding 7 for the person as of a date certain. The written determination shall be 8 the final administrative remedy available and shall be subject to review 9 in accordance with the provisions of article seventy-eight of the civil 10 practice law and rules. 11 2. If the office makes an offer of placement to a person prior to the 12 expiration of the person's right to a Free and Appropriate Public Educa- 13 tion (FAPE), the person shall not be required to terminate their educa- 14 tional program prematurely. 15 § 2. This act shall take effect immediately.
