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s t a t e o f n e w y o r k

s t a t e o f n e w y o r k

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Published by Nick Reisman

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Published by: Nick Reisman on Jun 21, 2012
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07/19/2013

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S T A T E O F N E W Y O R K7722--AI N SENATEJune 15, 2012Introduced by Sens. FLANAGAN, SKELOS -- read twice and ordered printed,and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committeeAN ACT to amend the education law, in relation to determinations ofappropriate educational programs for certain studentsTHE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:Section 1. Subclause (i) of clause (b) of subparagraph 3 of paragraphb of subdivision 1 of section 4402 of the education law, as amended bychapter 378 of the laws of 2007, is amended to read as follows:(i) Make recommendations based upon a written evaluation setting forththe reasons for the recommendations, to the child's parent or person inparental relation and board of education or trustees as to appropriateeducational programs and placement in accordance with the provisions ofsubdivision six of section forty-four hundred one-a of this article, andas to the advisability of continuation, modification, or termination ofspecial class or program placements which evaluation shall be furnishedto the child's parent or person in parental relation together with therecommendations provided, however that the committee may recommend aplacement in a school which uses psychotropic drugs only if such schoolhas a written policy pertaining to such use that is consistent withsubdivision four-a of section thirty-two hundred eight of this chapterand that the parent or person in parental relation is given such writtenpolicy at the time such recommendation is made. THE DETERMINATION OFAPPROPRIATE EDUCATIONAL PROGRAMS AND PLACEMENTS SHALL INCLUDE, UPON AREQUEST BY A CHILD'S PARENT OR PERSON IN PARENTAL RELATION, A DETERMINATION OF THE CHILD'S ABILITY TO LEARN IN ANY GIVEN EDUCATIONAL ENVIRONMENT. SUCH DETERMINATION SHALL TAKE INTO ACCOUNT ANY POSSIBLE EDUCATIONAL IMPACT DIFFERENCES BETWEEN THE SCHOOL ENVIRONMENT AND THE CHILD'SHOME ENVIRONMENT AND FAMILY BACKGROUND MAY HAVE ON THE CHILD'S ABILITYTO RECEIVE A FREE APPROPRIATE PUBLIC EDUCATION. SUCH DETERMINATION SHALLINCLUDE DOCUMENTATION AS TO WHETHER THESE FACTORS WOULD AFFECT THECHILD'S ABILITY TO LEARN. If such recommendation is not acceptable toEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets[ ] is old law to be omitted.LBD16255-02-2S. 7722--A 2the parent or person in parental relation, such parent or person inparental relation may appeal such recommendation as provided for insection forty-four hundred four of this [chapter] ARTICLE. PROVIDEDFURTHER THAT PURSUANT TO SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE

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