Provides that a special education settlement agreement between a city school district in a city of one million or more and a child's parent or person in parental relation shall have a term of not less than 3 year

Section two of this bill would amend the education law to provide a parents appeal of a special education placement recommendation by a school district in a city having a population of one million or more 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.

This section would further provide that upon the signing of a written settlement agreement between a child's parent or person in parental relation and the board of education of a school district in a city having a population of one million or more 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 three of this bill would further require that, in a school district in a city having a population of one million or more upon 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

For a school district in a city having a population of one million or more, this bill would provide for an improved 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. Consistent with Federal law, this bill would further provide both school districts and parents with the authorization they need to appropriately resolve special education placements in the manner best suited for the child in accordance with their individualized education program.

This bill would additionally provide, that once a school district and the parents of a child receiving a special education placement reach a resolution of an appeal involving such placement, that such settlement agreement, in a school district in a city having a population of one million or more, be made for a term of not less than three years, contingent upon there being no substantial change in the child's individualized education program, and consistent with any other applicable time periods prescribed by federal law.

Legislative history

New bill but similar to S.7691 - Passed Senate 2014.

Budget implications

None noted.

Effective date

This act shall take effect immediately, provided, however, that the amendments to clause (b) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law, made by section 2 of this act, shall not affect the expiration of such clause and shall expire therewith; provided, further, that the amendments to subdivision 1 of section 4404 of the education law, made by section 3 of this act, shall not effect the expiration of such subdivision and shall expire therewith.