BILL NUMBER: S1325C
SPONSOR: HOYLMAN-SIGAL
TITLE OF BILL:
An act to amend the education law, in relation to the submission of
requests to the committee on special education for the educational
services mandated by an individualized education services program
PURPOSE:
To address procedural barriers that have prevented students with disa-
bilities attending nonpublic schools from accessing their entitled
educational services.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends § 3602-c of the Education Law by adding new subdivi-
sions 2-d and 2-e, comprised of the following paragraphs:
2-d requires annual notice from school districts about special education
service application processes and deadlines.
2-e(a) establishes that provisions of this subdivision apply exclusively
to the city school district of New York City for the 2024-25 school
year.
2-e(b) allows parents whose children received some or none of the recom-
mended services on their Individualized Education Service Program (IESP)
for the 2024-25 school year, because a June 1 request was not filed, to
request an expedited annual review, which the committee must conduct
within 60 calendar days. At that review, parents may submit evidence of
impacted educational progress; the committee must consider the impact of
the missed services and incorporate any impact into a new IESP.
Section 2 sets forth the effective date.
JUSTIFICATION:
Students with disabilities attending nonpublic schools in New York are
entitled to equitable access to educational services under the state's
Education Law § 3602-c. However, for the 202425 school year, school
districts adopted strict enforcement policies that created unprecedented
barriers for families to obtain services. These policies were ostensibly
intended to reduce administrative burdens, but were implemented without
adequate notice or support for families. As a result, thousands of
eligible students were denied critical educational services. These meas-
ures forced families to shoulder the burdens of an inefficient system,
with the consequences falling hardest on vulnerable children whose
education was unjustly denied. When services are delayed or denied,
students lose critical support necessary for their academic success and
development.
This bill addresses these challenges through permanent statewide meas-
ures and temporary provisions for New York City. It creates a statewide
requirement for clear, timely, and annual notice to parents regarding
the application process for special education services. For the 202425
school year in New York City, it further allows parents of students who
did not receive some or all of the services in their IESP to seek an
expedited annual review for the 2025-26 school year, at which they may
present evidence of the student's impacted educational progress to be
considered in the student's new IESP.
LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
Statutes affected: S1325: 3602-c education law
S1325A: 3602-c education law
S1325B: 3602-c education law
S1325C: 3602-c education law