Requires that a qualified psychosocial history be made in evaluating school children for handicapping conditions

Title of bill

An act to amend the education law, in relation to the proper and accurate identification of children with handicapping conditions

Purpose

This legislation would provide a means of early diversion out of the special education process, for children whose apparent handicapping condition can be attributed to social, familial, or cultural-educational factors rather than a true disability.

Summary of provisions

Section 1 amends paragraph c of subdivision 5 of §3208 of the Education Law, as amended by Chapter 352 of the Laws of 2005, to provide that a psychosocial history be compiled by a qualified school district social worker during the screening process for suspected handicapping conditions.

Section 2 makes identical amendments to the same paragraph as it will read after the sunset date of Ch. 352 of 2005.

Section 3 includes psychosocial histories among the information that must be reviewed when making determinations on handicapping conditions.

Justification

Current law requires trustees and boards of education to screen every new entrant to school and pupils who do poorly on reading or mathematics tests to determine which pupils may be handicapped.

The first level of such screening consists of a physical examination and a language development assessment. If at that point, a possible handicapping condition is indicated, current law provides for referral of the child to the appropriate Committee on Special Education. The Committee thereupon reviews all relevant information necessary to ascertain the nature and extent of the child's handicapping condition.

Professionals experienced in the evaluation of pupils with handicapping conditions agree that in many cases, the compilation of a psychosocial history provides an effective means of identifying and diverting those whose apparent handicap can be explained by familial, social, or cultural-educational factors rather than a handicapping condition with a physical, mental, or emotional basis. This early diversion reduces the workload of Committees on Special Education, preserves school district resources and substantially reduces the risk of misclassification. The psychosocial history is, in itself, a valuable diagnostic tool.

Legislative history

This is a new bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately, provided that the amendments to paragraph c of subdivision 5 of section 3208 of the education law made by section one of this act shall be subject to the expiration and reversion of such section pursuant to section 22 of chapter 352 of the laws of 2005, as amended, when upon such date the provisions of section two of this act shall take effect.