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NY A09384
Bill
Status
3/6/2024
Primary Sponsor
Rodneyse Bichotte Hermelyn
Click for details
AI Summary
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Requires school districts in cities with populations of one million or more to resolve appeals of special education placement recommendations through impartial hearing officers, state review officers, settlement agreements, or judicial review within applicable federal timeframes.
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Mandates that settlement agreements and court decisions awarding tuition payment for unilateral parental placements must specify the payment amount and timeline, with school district failure to comply constituting a violation.
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Empowers the state education commissioner to enforce timely implementation of settlements and judgments, including withholding state funds, withholding federal IDEA funds, imposing up to 9% annual interest on late payments, and reporting non-compliance to the U.S. Department of Education.
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Requires that approved unilateral parental placements continue in future years at the same percentage of tuition and service costs as the previous year until the Committee on Special Education revises the child's individualized education program to recommend alternative placement.
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Establishes that if parents challenge a revised placement recommendation, the previously approved unilateral parental placement becomes the "pendency placement" under federal law.
Legislative Description
Relates to determinations of appropriate educational programs for certain students in a school district in a city having a population of one million or more.
Last Action
referred to education
3/6/2024