Bill Text: NY S06567 | 2013-2014 | General Assembly | Amended

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Bill Title: Requires the office of state review to render decisions on certain appeals pertaining to children with handicapping conditions within thirty days of receipt of such appeals and authorizes parties to file appeals in federal court at the expiration of the thirty days.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-04-24 - PRINT NUMBER 6567B [S06567 Detail]

Download: New_York-2013-S06567-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6567--B
                                   I N  S E N A T E
                                   February 6, 2014
                                      ___________
       Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Education  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  --  committee  discharged,  bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the education law, in relation to requiring  the  office
         of  state  review to render decisions on certain appeals pertaining to
         children with handicapping conditions within thirty days of receipt of
         such appeals
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Paragraph d of subdivision 7 of section 4410 of the educa-
    2  tion law, as amended by section 57 of part H of chapter 83 of  the  laws
    3  of 2002, is amended to read as follows:
    4    d. (I) A state review officer of the education department shall review
    5  the  decision  of the impartial hearing officer in the manner prescribed
    6  in subdivision two of section forty-four hundred four  of  this  article
    7  and  render  a  decision no later than thirty days after the decision of
    8  such hearing officer.
    9    (II) APPEALS TAKEN TO THE OFFICE OF STATE REVIEW SHALL BE  DECIDED  IN
   10  THE ORDER IN WHICH THEY ARE RECEIVED. IN THE EVENT THAT THE STATE REVIEW
   11  OFFICER  DOES  NOT,  WITHIN  THIRTY  DAYS,  RENDER  A FINAL DECISION AND
   12  FORWARD SUCH DECISION TO THE PARTIES, THEN THE DECISION OF THE IMPARTIAL
   13  HEARING OFFICER SHALL BE SUBSTITUTED FOR THE DECISION THAT  SHOULD  HAVE
   14  BEEN  TIMELY RENDERED BY THE STATE REVIEW OFFICER AND DEEMED TO BE FINAL
   15  FOR ADMINISTRATIVE PURPOSES, WITHOUT PREJUDICE  TO  ANY  FURTHER  APPEAL
   16  THAT  MAY  BE TAKEN BY ANY AGGRIEVED PARTY TO THE FEDERAL COURT PURSUANT
   17  TO 34 C.F.R. S 300.516.
   18    S 2. Subdivision 2 of section 4404 of the education law, as amended by
   19  chapter 53 of the laws of 1990, is amended to read as follows:
   20    2. Review by state review officer. A. A state review  officer  of  the
   21  education  department  shall review and may modify, in such cases and to
   22  the extent that the review officer deems necessary, in order to properly
   23  effectuate the purposes of this article, any determination of the impar-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13871-03-4
       S. 6567--B                          2
    1  tial hearing officer relating to the determination of the  nature  of  a
    2  child's  handicapping  condition,  selection  of  an appropriate special
    3  education program or service and the failure to provide such program and
    4  require  such  board to comply with the provisions of such modification.
    5  The commissioner shall adopt  regulations  governing  the  practice  and
    6  procedure  in such appeals to the state review officer; provided, howev-
    7  er, that in no event shall any fee or charge whatsoever be  imposed  for
    8  any  appeal taken pursuant to this subdivision. The state review officer
    9  is empowered to make all orders which are proper or  necessary  to  give
   10  effect to the decision of the review officer.
   11    B. APPEALS TAKEN TO THE OFFICE OF STATE REVIEW SHALL BE DECIDED IN THE
   12  ORDER  IN  WHICH  THEY  ARE RECEIVED. IN THE EVENT THAT THE STATE REVIEW
   13  OFFICER DOES NOT, WITHIN  THIRTY  DAYS,  RENDER  A  FINAL  DECISION  AND
   14  FORWARD SUCH DECISION TO THE PARTIES, THEN THE DECISION OF THE IMPARTIAL
   15  HEARING  OFFICER SHALL BE SUBSTITUTED FOR THE FINAL DECISION THAT SHOULD
   16  HAVE BEEN TIMELY RENDERED BY THE STATE REVIEW OFFICER AND DEEMED  TO  BE
   17  FINAL  FOR  ADMINISTRATIVE  PURPOSES,  WITHOUT  PREJUDICE TO ANY FURTHER
   18  APPEAL THAT MAY BE TAKEN BY ANY AGGRIEVED PARTY  TO  THE  FEDERAL  COURT
   19  PURSUANT TO 34 C.F.R. S 300.516.
   20    S 3. This act shall take effect immediately and shall apply equally to
   21  cases  that have been pending before the office of state review for more
   22  than 30 days following the receipt of a request  for  a  review  without
   23  issuance  of  a decision as of the date this act shall have become a law
   24  and to cases in which the 30-day period elapses without  issuance  of  a
   25  decision on or after the date this act shall have become a law.