BILL NUMBER: S8740
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the education law, in relation to requiring additional
reporting and documentation requirements for manifestation determination
reviews
 
PURPOSE:
To require school districts to collect and report data on manifestation
determination reviews (MDRs), improving transparency, consistency, and
accountability in the disciplinary process for students with disabili-
ties across New York State.
 
SUMMARY OF PROVISIONS:
Section 1: Declares legislative findings that students with disabilities
are disproportionately subjected to suspensions without sufficient
consideration of their disabilities, as required under federal and state
law.
Section 2: Amends the Education Law by adding a new section 3214-a,
establishing new requirements for the conduct and documentation of MDRs.
Provides clear definitions of "manifestation determination review,"
"qualifying student," and "MDR worksheet." Requires data collection on
each MDR, including final determination, proposed and actual suspension
days, student disability classification, demographic data, attendees of
the MDR (including parent or representative presence), whether a func-
tional behavioral assessment (FBA) or behavioral intervention plan (BIP)
was conducted. Requires the State Education Department to publicly
report classification, and demographic data. It would also require
documentation of who was present at the MDR, including whether the
parent or their representative attended, and whether an FBA or BIP
followed the MDR decision as required by federal law. Districts would be
required to attach this documentation to the "prior written notice" sent
to parents and to submit this data annually to the State Education
Department. The Department, in turn, would be required to publicly
report this data so that statewide and district-level patterns can be
monitored and addressed.
Comprehensive, transparent data will enable state agencies, educators,
and families to hold systems accountable, identify where support is
needed, and work toward more equitable outcomes. It will reduce the need
for parents to resort to costly and time-consuming litigation or Freedom
of Information Law (FOIL) requests simply to understand how their
child's experience fits into a larger pattern.
At a time when the federal government is retreating from its traditional
civil rights enforcement responsibilities and the U.S. Department of
Education faces ongoing dismantling efforts, New York State must fill
that void. Ensuring that our schools have and report the data necessary
to monitor and protect the rights of students with disabilities is an
important step. This legislation affirms New York's commitment to educa-
tional equity, legal compliance, and the success of every student, espe-
cially those who are most vulnerable to being left behind.
 
LEGISLATIVE HISTORY:
New bill.
 
LOCAL FISCAL IMPLICATIONS:
Minimal.
 
EFFECTIVE DATEE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.