BILL NUMBER: S8842
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the education law, in relation to due process rights for
non-public school students with special needs
 
PURPOSE OR GENERAL IDEA OF BILL:
To ensure students with disabilities attending private school or being
homeschooled have the right to due process hearings regarding the imple-
mentation of Individualized Education Services Plans (IESPs)
 
SUMMARY OF SPECIFIC PROVISIONS:
Sections One and Two amend Section 3602-c of the Education Law to clari-
fy that parents may pursue impartial hearings regarding both recommenda-
tions and implementation of IESPs pursuant to Section 4404 of the Educa-
tion Law. Section Three sets the effective date.
 
JUSTIFICATION:
Under New York State law, parents who choose to enroll their child in a
private or religious school or homeschool may be eligible for special
education services as delineated by an Individualized Education Services
Program (IESP), which is developed through the same process as an Indi-
vidualized Education Program (IEP).
The New York Board of Regents has proposed a change to Regents Rule
200.5 that would remove parents' long-standing right to seek a due proc-
ess hearing with an impartial hearing officer when a district fails to
implement the services listed on an Individualized Education Services
Plan (IESP) for a nonpublic-school student. This new restriction would
remove families' right to access the only reliable enforcement mechanism
to ensure that mandated services are delivered. Under the proposal,
public-school students would continue to have full due process
protections, while nonpublic-school students with the same disabilities
would lose them, despite the statutory promise of equitable treatment.
This legislation would codify parents' rights to a due process hearing
regarding the implementation of a child's IESP so they can get the
services they are entitled to.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8842: 3602-c education law, 3602-c(2) education law