Requires institutions of higher education to implement a policy that documentation of an individualized education program (IEP) is sufficient proof that a student enrolled in or admitted to an institution of higher education has a disability.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9864
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the education law, in relation to sufficient documenta-
tion that a student enrolled in or admitted to an institution of higher
education has a disability
PURPOSE OR GENERAL IDEA OF BILL:
Each institution of higher education shall adopt a policy that documen-
tation of an individualized education program (IEP) in an individualized
education program(IEP) in accordance with section 9 614(d) of the feder-
al individuals with disabilities education act, which is submitted by an
enrolled or admitted student, is sufficient to establish that such
student is an individual with a disability.
SUMMARY OF PROVISIONS:
Article 3 of the education law is amended by adding a new part 2,
subsection 1 which states that an institution of higher education may
request additional documentation from an individual who had an individ-
ualized education program (IEP) if such individualized education program
(IEP) was not in effect immediately prior to the date when such individ-
ual exited high school.
Part 2 Subsection 2 states that an institution of higher education may
request additional documentation from an individual who had an individ-
ualized education program (IEP) if such individualized education program
(IEP) was not in effect immediately prior to the date when such individ-
ual exited high school
JUSTIFICATION:
This bill seeks to create more access to education for individuals with
developmental disabilities by reducing arduous administrative roadblocks
that may prevent or dissuade aforesaid individuals from pursuing higher
education.
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule regulation necessary for the implementation of this
act of its effective date are authorized to be made and completed on or
before such effective date
STATE OF NEW YORK
________________________________________________________________________
9864
IN ASSEMBLY
April 24, 2024
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to sufficient documenta-
tion that a student enrolled in or admitted to an institution of high-
er education has a disability
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 3 of the education law is amended by adding a new
2 part 2 to read as follows:
3 PART II
4 STUDENTS WITH DISABILITIES POLICY AND DOCUMENTATION
5 § 150. Students with disabilities policy and documentation.
6 § 150. Students with disabilities policy and documentation. 1. Each
7 institution of higher education shall adopt a policy that documentation
8 of an individualized education program (IEP) in accordance with section
9 614(d) of the federal individuals with disabilities education act, which
10 is submitted by an enrolled or admitted student, is sufficient to estab-
11 lish that such student is an individual with a disability.
12 2. An institution of higher education may request additional documen-
13 tation from an individual who had an individualized education program
14 (IEP) if such individualized education program (IEP) was not in effect
15 immediately prior to the date when such individual exited high school.
16 § 2. This act shall take effect on the sixtieth day after it shall
17 have become a law. Effective immediately, the addition, amendment and/or
18 repeal of any rule or regulation necessary for the implementation of
19 this act on its effective date are authorized to be made and completed
20 on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15244-01-4
