Makes permanent certain provisions relating to the implementation of the federal individuals with disabilities education improvement act of 2004

Summary of the provisions of the bill

This bill proposes to make permanent the series of amendments to the Education Law made by Chapter 352 of the Laws of 2005, Chapter 430 of the Laws of 2006 and Chapter 378 of the Laws of 2007 relating to New York's compliance with IDEA.

Statement in support of the bill

This bill would conform the Education Law to the IDEA by permanently adopting amendments to align state requirements with IDEA as amended by the Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446) and the final federal regulations implementing IDEA 2004 (34 C.F.R. Part 300). Failure to permanently conform provisions of Education Law to the reauthorized IDEA and all provisions of the federal Part 300 regulations, which became effective on October 13, 2006, 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.

The United States Department of Education (USED) requires the State to assure compliance with the new IDEA that went into effect on July 1,

2005. States were given until June 30, 2007 to conform their state laws to the new IDEA and the new Part 300 regulations.

Chapter 352 of the Laws of 2005, Chapter 430 of the Laws of 2006 and Chapter 378 of the Laws of 2007 were enacted to bring New York into compliance with the IDEA, but all three acts will sunset on June 30, 2012.

Failure to continue the alignment of New York law with the new IDEA could result in a loss or delay of funding under Part B of IDEA. The United States Department of Education (USED) requires the State, prior to expenditure of its use of federal funds for state-level activities, to certify that arrangements to establish responsibility for services pursuant to 20 U.S.C. §1412(a)(12)(A) are current. Therefore, to ensure that the State is not prohibited from expending its federal state administration funds of more than $13 million to implement the IDEA or subject to more drastic sanctions for noncompliance with the IDEA, the provisions in Education Law enacted by these three prior acts must be extended or made permanent as proposed in this bill.

Budgetary implications of the bill

Failure to comply with IDEA could place New York's allocation of funds under Part B of IDEA (approximately $13 million in funds for state administration in 2007-08 and $699 million in toto) in jeopardy. This bill would not result in any increased costs to the State.

Prior legislative history

This is a new bill.

Effective date

This act would take effect immediately.