Extends certain provisions of law relating to the implementation of the federal individuals with disabilities education improvement act of 2004

BILL NUMBER:A8894

Title of bill

An act to amend chapter 352 of the laws of 2005, amend- ing the education law relation to implementation of the federal individ- uals with disabilities education improvement act of 2004, in relation to extending the expiration; to amend chapter 430 of the laws of 2006, amending the education law relating to implementation of the federal individuals with disabilities education improvement act of 2004, in relation to extending the expiration; and to amend chapter 378 of the laws of 2007 amending the education law relating to the implementation of the federal individuals with disabilities education improvement act of 2004, in relation to extending the effectiveness thereof

Purpose of the bill

This bill is necessary in order to assure that New York State will continue to be in compliance with the requirements of the federal Individuals with Disabilities Education Improvement Act of 2004 (IDEA). As a condition of federal funding under Part B of IDEA, the United States Department of Education has required that states provide an assurance that the State and its local educational agencies (i.e., school districts) will, by July 1, 2009, be in compliance with the requirements of the amended IDEA.

Summary of provisions of the bill

Section 1 of the bill would amend 22 of Chapter 352 of the Laws of 2005 relating to implementation of IDEA to prevent the sunset of such act on June 30, 2009 by extending the expiration date until June 30, 2012.

Section 2 of the bill would amend § 8 of Chapter 430 of the Laws of 2006 relating to implementation of IDEA to prevent the sunset of portions of amendments made by sections 1, 2, 3, 5, and 6 of such act on June 30, 2009 by extending the expiration date until June 30, 2012.

Section 3 of the bill would amend 27 of Chapter 378 of the Laws of 2007 relating to implementation of IDEA to prevent the sunset of such act on June 30, 2009 by extending the expiration date until June 30, 2012.

Section 4 of the bill would be the effective date.

Statement in support of the bill

This bill would conform the Education Law to the IDEA by extending amendments to align state requirements with IDEA for three years. Failure to conform provisions of education law to the reauthorized IDEA would result in a conflict between New York law and federal law and regulations that could expose both the state and school districts to legal challenge and possible loss of federal funds and would deny students with disabilities, parents and school districts the benefits they are intended to receive from the reforms made by IDEA.

Budgetary implications of the bill

The bill would not result in any additional costs to the state or to school districts. Enactment of this bill is necessary to preserve New York's funding under IDEA, as amended, which totals approximately $699 million annually.

Prior legislative history

None. This is a new proposal.

Effective date

The bill would take effect immediately, except that if this act becomes a law on or after June 30, 2009 it would take effect immediately and be deemed to have been in full force and effect on and after June 30, 2009.