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History
- Referred to education
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.1559
- Committee discharged and committed to rules
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ensures that preschoolers with disabilities living in temporary housing shall maintain enrollment in their preschool special education program in the district of origin
In Assembly Committee · Education · Sponsor Andrew Hevesi
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to the education of a preschool child with a handicapping condition
Purpose or general idea of bill
This legislation promotes school stability for preschool students with disabilities who are placed in foster care or become homeless by allowing the child's original school district to retain responsibility for preschool special education evaluation and placement in certain situations.
Summary of provisions
Section 1. Section 4401-a of the Education law, as amended by Chapter 705 of the Laws of 1992, is amended.
Section 2. Section 4401-a as amended by Chapter 280 of the Laws of 1994 is amended.
Section 3. Effective date.
Justification
Current law provides protections to promote school stability for school-age students in foster care and school-age students who are homeless. Students placed in foster care have the right to remain in their original schools unless the child welfare agency determines that it is not in their best interest to do so. For students who are homeless, the child's parent may choose to keep the student in the original school or to transfer the student to a school in the school district where the student's temporary housing is located.
However, currently, state law does not give these protections to preschool students with disabilities. Rather, for preschool students with disabilities who are placed in foster care or become homeless, state law requires the child's new school district to assume responsibility for preschool special education evaluation and placement. This mandatory transfer can cause preschool students with disabilities to lose their preschool special education placements and experience gaps in services.
This legislation ensures that preschool students with disabilities who are placed in foster care or who become homeless have school stability protections. It enables the original school district to retain responsibility for preschool special education evaluation and placement when a child becomes homeless and the parent chooses this option or when a child is placed in foster care unless the child welfare agency determines it is not in the child's best interest.
Prior legislative history
None.
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.