What's happening
This bill ensures that parents in New York City can maintain their child's school placement during disputes and sets clearer timelines for tuition payments and settlements.
Why it matters
Protects educational stability for students with disabilities. by ensuring that, during disputes, parents can keep their child in their current school placement, reducing disruptions that can negatively impact a child's education and well-being.
Clarifies and standardizes payment timelines for tuition-related disputes and settlements. , which may help families avoid long waits for reimbursement and reduce financial uncertainty during the pendency process.
Sets clear obligations for New York City’s Department of Education to communicate with parents about settlement progress. and to finalize or respond to claims by specific deadlines, potentially increasing transparency and accountability in resolving disputes.
Mandates regular review of Individualized Education Programs (IEPs). and ties payment amounts to established tuition rates, which may help prevent unexpected costs and ensure that educational plans are being appropriately monitored and updated.
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Who cares
Headline styles
Ease School Tuition Payments
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to education
- Referred to education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
625
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. EICHENSTEIN, COLTON, PHEFFER AMATO, R. CARROLL -read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to pendency placements in a school district in a city having a population of one million or more
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4404 of the education law is amended by adding a new subdivision 1-b to read as follows:
1-b. a. Notwithstanding any other provision of law, rule or regulation to the contrary, in a school district in a city having a population of one million or more, the parent or person in parental relation shall be entitled to the presumption that the school identified in a settlement agreement entered on or after the effective date of this subdivision is the student's operative placement for the purposes of pendency until there is an intervening, pendency-changing event (that is, an actual agreement of the parties; an unappealed decision by an impartial hearing officer; a decision of the state review officer that agrees with the parents as to the appropriateness of their proposed change in placement; or a determination by a court on appeal from the decision of a state review officer) or a program offered by the school district and not challenged by the parent. Each child's IEP shall be reviewed periodically, but not less frequently than annually, as required by 20 U.S.C. 1414(d)(4)(A)(i). Pendency payments for tuition shall be at the tuition cost of the previous year's payments unless a new IEP was performed, and shall be made prospectively and shall be made for amounts not less than two months' worth of tuition or the remaining balance on the contract, whichever is smaller, provided that the initial tuition payment may include retroactive payments. Pendency payments, as provided for in subdivision four of this section, shall continue uninterrupted while the appeal is pending.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01630-01-5
b. Where a claim for tuition for a school year commencing in two thousand twenty-three or earlier has been filed pursuant to this section on or before June thirtieth, two thousand twenty-four and remains pending and timely, the local educational agency of a city having a population of over one million shall, on or before January first, two thousand twenty-six, make all reasonable efforts to finalize a settlement or inform the parent or person in parental relation, or their representative, that it has not been able to settle the claim. Nothing in this act shall preclude parties from reaching a settlement after January first, two thousand twenty-six. Any settlements for tuition, including those already settled, shall include a schedule for payments, the first of which shall begin no later than sixty days after the latter of the date the settlement is fully executed or receipt of documentation necessary for payment, and the remainder of which shall be completed within sixty days of receipt of any documentation necessary for payment.
§ 2. This act shall take effect on the ninetieth day after it 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.