Eliminates the requirement for written parental consent prior to initial placement of a student with a disability in a July/August program

3 Co-sponsors

• Simcha Felder
• John A. DeFrancisco
• Michael H. Ranzenhofer

BILL NUMBER:S5361

Title of bill

An act to amend the education law, in relation to eliminating the requirement for written parental consent prior to initial placement of a student with a disability in a July/August program;

Purpose

To streamline the process of providing July/August programs to students with disabilities.

Summary of provisions

Section 1: Amends section 4402(2)(a) of the education law to remove the duplicative requirement that school districts obtain the written consent of the parent prior to the initial placement of the student in a summer program.

Section 2: Sets forth an immediate effective date.

Justification

Some students require a full twelve month educational program to maintain educational progress. The decision to provide July/August services to a special education student will be made at the initial meeting of the committee on special education, where the individual education plan is memorialized. This plan must be consented to by the parent/guardian. However, current law requires the written consent of the parent, again, at the beginning of the July/August program. Such consent is required, even though the parent provided written consent to the twelve month program as a whole. This duplicative requirement can cause confusion for parents, and often leads to a delay in providing vital educational services to the student. Therefore, this bill will allow for student's to receive continued access to their educational program, as consented to by the parent, without delay.

Legislative history

New bill.

Fiscal implications

Possible savings to local school districts.

Effective date

Immediately.