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NY A05972
Bill
Status
3/24/2023
Primary Sponsor
Rebecca Seawright
Click for details
AI Summary
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Expands due process protections to include persons who have received a placement offer from the Office of Mental Hygiene prior to becoming eligible for transitional care or care under subdivision (g) of section 13.38.
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Requires written notice to the person, guardian, or representative describing the proposed placement and the right to request an administrative appeal within thirty days.
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Mandates the commissioner or designee issue a written determination within thirty days of a hearing on whether the proposed adult placement is appropriate and available or will become available on a specified date.
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Prohibits the Office from requiring a person to terminate their educational program prematurely if a placement offer is made before the person's Free and Appropriate Public Education (FAPE) eligibility expires.
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Establishes that administrative determinations are final remedies subject to review under article seventy-eight of the Civil Practice Law and Rules.
Legislative Description
Provides for due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.
Last Action
referred to people with disabilities
1/3/2024