Requires parental appeal of placement and educational programs to be provided to a child with a handicapping condition to be determined within 90 days

BILL NUMBER:S5842A

Title of bill

An act to amend the education law, in relation to determinations of appropriate educational programs for certain students

Purpose

This purpose of this bill is provide for a special education placement process that will help ensure students with disabilities are placed in the appropriate programs and receive resolution of their impartial due process hearing and tuition reimbursement in a timely manner.

Summary of provisions of bill

Section 1 of the bill would require a parent's appeal of a district's special education placement recommendation to be resolved via settlement, or decision of the impartial hearing officer, or by a state review officer, within any applicable time periods prescribed by federal law. This provision would further state that nothing contained within such provision would be deemed to prohibit any parent or school district from seeking judicial review by any court of competent jurisdiction.

It further provides that upon the signing of a written settlement agreement between a child's parent or person in parental relation and the board of education or trustees of a school district or a state agency, or the decision, order or judgment of an impartial hearing officer, state review officer or a court finding that a unilateral parental placement was appropriate and that tuition payment should be granted for such unilateral placement, as provided by section 1412(a)(10)(c) of title 20 of the United States Code and the implementing federal regulations, the amount of such payment and the timeline or schedule for making such payment shall be set forth in any such settlement or decision, order or judgment.

Section 2 of the bill would further require that, upon the signing of a written settlement agreement between a child's parent or person in parental relation and the board of education or trustees of a school district or a state agency, or the decision of an impartial hearing officer, state review officer or a court finding that a unilateral parental placement was appropriate and that tuition payment should be granted for such unilateral placement, such tuition payment shall continue in future years, at the same percentage of the total tuition cost as the previous year's payment, until the committee on special education determines the child's needs can be met in another public or approved private school program and revises the child's individualized education program to recommend such placement; provided however that where the parent or person in parental relation brings a due process proceeding to challenge such revised placement. the unilateral parental placement for which tuition payment was granted shall be the pendency placement.

Justification

This proposal would provide for a special education placement process that will help ensure students with disabilities are placed in the

appropriate programs, and receive resolution of their impartial due process hearing and tuition reimbursement in a timely manner.

Prior legislative history

This is a new bill.

Budget implications

None noted.

Effective date

This act would take effect immediately.