Bill Text: NY S07079 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Provides that a special education settlement agreement between a city school district in a city of one million or more and a child's parent or person in parental relation shall have a term of not less than 3 years; provides for the hearing of appeals of such school district's recommendation as to the provision of special education services and placement in a private school.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S07079 Detail]

Download: New_York-2015-S07079-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          7079
                    IN SENATE
                                     March 22, 2016
                                       ___________
        Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
        AN ACT to amend the general city law and the education law, in  relation
          to  the  duration  of  settlement agreements 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.  The general city law is amended by adding a new section 9
     2  to read as follows:
     3    § 9. Duration of settlement agreements  involving  appropriate  educa-
     4  tional  programs.   In the event that an appeal of a recommendation made
     5  pursuant to item (i) of clause (b) of subparagraph three of paragraph  b
     6  of  subdivision  one  of section forty-four hundred two of the education
     7  law, is resolved by the signing of a settlement  agreement  between  the
     8  child's parent or person in parental relation and the board of education
     9  of  the  school district in a city having a population of one million or
    10  more, pursuant to item (ii) of clause (b) of subparagraph three of para-
    11  graph b of subdivision one of section  forty-four  hundred  two  of  the
    12  education law, then such settlement agreement shall be for a term of not
    13  less than three years, contingent upon there being no substantial change
    14  in the child's individualized education program, and consistent with any
    15  other applicable time periods prescribed by federal law.
    16    §  2.  Clause (b) of subparagraph 3 of paragraph b of subdivision 1 of
    17  section 4402 of the education law, as amended by chapter 378 of the laws
    18  of 2007, is amended to read as follows:
    19    (b) (i) Make recommendations based upon a written  evaluation  setting
    20  forth  the  reasons  for  the  recommendations, to the child's parent or
    21  person in parental relation and board of education  or  trustees  as  to
    22  appropriate  educational  programs  and placement in accordance with the
    23  provisions of subdivision six of section  forty-four  hundred  one-a  of
    24  this  article, and as to the advisability of continuation, modification,
    25  or termination of special class or program placements  which  evaluation
    26  shall  be furnished to the child's parent or person in parental relation
    27  together with the recommendations provided, however that  the  committee
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14775-02-6