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NY S03558
Bill
Status
1/28/2025
Primary Sponsor
Cordell Cleare
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AI Summary
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Extends due process protections to individuals who receive placement offers from the Office for People with Developmental Disabilities before they become eligible for transitional care or adult care services
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Requires written notification to the person, their guardian, or representative about proposed placements, including the right to request an administrative appeal within 30 days
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Guarantees a hearing with at least 10 days notice if requested, with a written determination required within 30 days of the hearing's conclusion
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Protects students placed in out-of-state residential schools under the Individuals with Disabilities Education Act from being forced to terminate their Free and Appropriate Public Education (FAPE) prematurely if they receive an early placement offer
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Allows final administrative determinations to be challenged through Article 78 proceedings in court
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
1/7/2026