What's happening
This bill requires New York State to provide all special education services or programs for children with disabilities placed in out-of-state facilities.
Why it matters
Ensures Consistency of Services. By requiring New York State to provide all special education services or programs for children with disabilities placed in out-of-state facilities, the bill aims to guarantee that these children receive the same level of support as those placed within New York, closing a potential gap in service quality or availability.
Reduces Financial and Administrative Burden on Families. Parents and guardians of children placed out-of-state will not have to navigate multiple bureaucracies or pay out-of-pocket for necessary educational services, potentially reducing stress and financial strain.
Establishes Clear State Responsibility. The amendment clarifies that it is the state’s duty—not local school districts or the out-of-state facility—to ensure the provision and funding of mandated special education services, which could lead to more efficient coordination and accountability.
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Who cares
Children with disabilities placed in out-of-state facilities
The bill would require the state to provide for all covered special services or programs when the education commissioner approves their placement.
New York State education officials
They would face an explicit state obligation to provide for those services or programs, notwithstanding inconsistent provisions of the education law article.
Out-of-state facilities serving children with disabilities
Commissioner-approved placements at these facilities would trigger the state's obligation to provide for covered special services or programs.
Headline styles
Fund Services for Out-of-State Kids
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to education
- Referred to education
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7037
2017-2018 Regular Sessions
IN ASSEMBLY
March 29, 2017
Introduced by M. of A. TITONE, CUSICK, ORTIZ, COLTON, JAFFEE, WALTER, CYMBROWITZ, BENEDETTO, MOSLEY, SIMON, COOK, BLAKE, RAIA, CROUCH, McDO- NOUGH, ABINANTI, OTIS, STECK, PALMESANO -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to children with disabilities placed in out-of-state facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4401 of the education law is amended by adding a new subdivision 12 to read as follows:
12. Notwithstanding any inconsistent provisions of this article, where a child with a disability is placed in an out-of-state facility, as approved by the commissioner, the state shall provide for all special services or programs as defined in paragraph a of subdivision two of this section.
§ 2. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09197-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.