What's happening
This bill requires the New York State Office of State Review to decide special education appeals within 30 days or the hearing officer's decision becomes final.
Why it matters
Speeds up appeals for families. By requiring the Office of State Review to decide special education appeals within 30 days, the bill aims to reduce delays that can leave children with disabilities waiting for crucial educational services or placements.
Creates accountability for the review office. If the Office of State Review misses the 30-day deadline, the decision of the original hearing officer automatically becomes final for administrative purposes, ensuring families are not left in legal limbo.
Ensures ongoing right to federal appeal. The bill clarifies that, even when the hearing officer’s decision becomes final due to state inaction, families and school districts can still pursue further appeals in federal court, preserving all legal rights.
Applies retroactively to pending cases. The new rules would also apply to any appeals already pending for more than 30 days at the time the law takes effect, potentially resolving long-standing unresolved cases and providing immediate relief to affected parties.
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Who cares
Headline styles
Speed Up Disability Appeals
Plain English, a few words. Used as the page title.
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History
- Referred to education
- Referred to education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
319
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. ABINANTI -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to requiring the office of state review to render decisions on certain appeals pertaining to children with handicapping conditions within thirty days of receipt of such appeals
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph d of subdivision 7 of section 4410 of the education law, as amended by section 57 of part H of chapter 83 of the laws of 2002, is amended to read as follows:
d. (i) A state review officer of the education department shall review the decision of the impartial hearing officer in the manner prescribed in subdivision two of section forty-four hundred four of this article and render a decision no later than thirty days after the decision of such hearing officer.
(ii) Appeals taken to the office of state review shall be decided in the order in which they are received. In the event that the state review officer does not, within thirty days, render a final decision and forward such decision to the parties, then the decision of the impartial hearing officer shall be substituted for the decision that should have been timely rendered by the state review officer and deemed to be final for administrative purposes, without prejudice to any further appeal that may be taken by any aggrieved party to the federal court pursuant to 34 C.F.R. § 300.516.
§ 2. Subdivision 2 of section 4404 of the education law, as amended by chapter 53 of the laws of 1990, is amended to read as follows:
2. Review by state review officer. a. A state review officer of the education department shall review and may modify, in such cases and to the extent that the review officer deems necessary, in order to properly
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04887-01-9
A. 319 2
effectuate the purposes of this article, any determination of the impartial hearing officer relating to the determination of the nature of a child's handicapping condition, selection of an appropriate special education program or service and the failure to provide such program and require such board to comply with the provisions of such modification. The commissioner shall adopt regulations governing the practice and procedure in such appeals to the state review officer; provided, however, that in no event shall any fee or charge whatsoever be imposed for any appeal taken pursuant to this subdivision. The state review officer is empowered to make all orders which are proper or necessary to give effect to the decision of the review officer.
b. Appeals taken to the office of state review shall be decided in the order in which they are received. In the event that the state review officer does not, within thirty days, render a final decision and forward such decision to the parties, then the decision of the impartial hearing officer shall be substituted for the final decision that should have been timely rendered by the state review officer and deemed to be final for administrative purposes, without prejudice to any further appeal that may be taken by any aggrieved party to the federal court pursuant to 34 C.F.R. § 300.516.
§ 3. This act shall take effect immediately and shall apply equally to cases that have been pending before the office of state review for more than 30 days following the receipt of a request for a review without issuance of a decision as of the date this act shall have become a law and to cases in which the 30-day period elapses without issuance of a decision on or after the date this act shall have become a law.
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.