BILL NUMBER: S7722A / A10722A
TITLE OF BILL: An act to amend the education law, in relation to determinations of appropriate educational programs for certain students
PURPOSE OR GENERAL IDEA OF BILL: This purpose of this bill is provide for a special education placement process that will help ensure students with disabilities are placed in the appropriate programs and receive tuition reimbursement in a timely manner.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill requires the committee to consider the educational impact differences between the school environment and the child's home environment and family background may have on the child's ability to receive a free appropriate public education.
Section 2 of the bill requires a school district to provide tuition reimbursement for a child unless the CSE amends or modifies the child's IEP. This section also requires a school district to grant or deny a parent's request for tuition reimbursement within 90 days. If the request is granted, tuition must be provided within 30 days from the date the request was granted.
Section 3 of the bill contains the effective date.
JUSTIFICATION: Will provide for a special education placement process that will help ensure students with disabilities are placed in the appropriate programs and receive tuition reimbursement in a timely manner.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATION: Undetermined
EFFECTIVE DATE: Immediately; provided, however, the amendments to clause (b) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law made by section one of this act shall not affect the expiration of such clause and shall be deemed to expire therewith; provided, further, however, that the amendments made to subdivision 1 of section 4404 of the education law made by section two of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith.
Autism is a complex neurobiological disorder that typically last throughout a person’s lifetime. It is the fastest growing developmental disability in the world. Symptoms range from mild to sever and vary with each child. It occurs in all racial, ethnic and social groups. There is no medical detection or cure for Autism. This year, the CDC reported that 1 in 88 children are affected by Autism This past week the CDC reported that 1 in 88 children in the United States are diagnosed with autism, 1 in 54 boys, that’s well over 1 million children, making it more common than pediatric cancer, diabetes and AIDS combined.
The placement of students with special education needs continues to be a tremendous concern of parents and advocates. We need local school systems to deliver individualized and quality driven plans to meet Autism's ever growing demand for appropriate special education services. Yet, the New York State Education Department continues to block approval of new schools and expansion of existing school programs. Through the enactment of S722A / A10722A, our State would be providing a special education placement process. This process would ensure that students with disabilities be included in appropriate programs, and that parents and/or program placements would receive tuition reimbursement for previously denied unilateral placements in a timely manner.
With your leadership and support on this issue, children with special needs and those suffering from disabilities will be better equipped to meet their educational goals, and succeed in settings that best fits their needs and provide for the best possible outcomes. Therefore, I ask that you support children with special needs and sign S722A / A10722A into law. Thank you for your consideration.