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NY S03177
Bill
Status
1/30/2023
Primary Sponsor
Cordell Cleare
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AI Summary
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Expands due process protections to include persons who have received a care placement offer from the office prior to becoming eligible to receive transitional care or care under subdivision (g) of section 13.38 of the mental hygiene law.
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Requires the office to provide written notice of proposed placement, information about administrative appeal rights, and allows 30 days to request an appeal hearing.
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Mandates a hearing with at least 10 days notice and requires the commissioner or designee to issue a written determination within 30 days of the hearing on whether the proposed adult placement is appropriate and available.
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Prohibits persons from being required to terminate their educational program prematurely if the office makes a placement offer prior to the expiration of their Free and Appropriate Public Education (FAPE) eligibility.
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Takes effect immediately upon enactment.
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 DISABILITIES
1/3/2024