Authorizes school districts that provide transition services to allow the delivery of such transition services, including integrated employment, during school hours.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8667
SPONSOR: Burdick TITLE OF BILL:
An act to amend the education law, in relation to authorizing school
districts that provide transition services to allow the delivery of such
transition services, including integrated employment, during school
hours
PURPOSE OF BILL:
To permit the SED program ACCES-VR's vocational rehabilitation contrac-
tors to provide transition services during school hours to students with
a disability and to be paid for the delivery of these services by either
ACCES-VR or the appropriate school district and to ensure school
districts are able to claim state aid for students with disabilities
receiving such transition services.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Education Law Section 4402 to include with-
in the duties of a school district (who have the primary planning and
programmatic responsibilities for the provision of transition services
for their students) specific authority to allow ACCES-VR vocational
rehabilitation contractors to provide and be paid for the provision of
transition services (including vocational training, integrated employ-
ment and supportive employment) during school hours during the last
three years of a student with a disability's secondary education. As a
permitted educational activity, student attendance in these transition
programs will permit school districts to include this time in the aver-
age daily attendance and average daily membership for apportionment of
state aid pursuant to Education Law sections 1704(2) and 3602.
Section 2 sets the effective date.
EXISTING LAW:
Section 1004 of the Education Law authorizes the New York State educa-
tion department to provide vocational rehabilitation services directly
and through public or private entities, including not-for profit organ-
izations to furnish opportunities for integrated employment, including
supportive employment and paid competitive work to individuals with
disabilities.
Section 4602 of the Education Law requires boards of education of each
school district to provide secondary school pupils access to programs
for career education, including work experience. School days spent in
legal employment by pupils enrolled in approved career cooperative
education programs who are in part-time school attendance are included
in the average daily attendance and average daily membership for appor-
tionment of state aid in accordance with section 3602 of the Education
Law. Pursuant to section 3604(10) of the Education Law state aid is
contingent on local school districts complying with the requirements of
article 89 of the Education Law in relation to children with handicap-
ping conditions.
Section 4402 of the education law provides for the duties of school
boards to identify and serve students with disabilities, including
special services and programs, including transition services as defined
in subdivision nine of section 4401of the Education Law. Transition
services are defined to include integrated competitive employment
(including supportive employment).
JUSTIFICATION:
Transition from school to work for students with disabilities, requires
a variety of supports and collaborative efforts among education and
adult programs. Collaboration and coordinated efforts among education
and adult programs, including vocational rehabilitation, is essential in
assisting students with disabilities to make the transition from school
to work. Adult Career and Continuing Education Services - Vocational
Rehabilitation (ACCES-VR) and the Office of Special Education (OSE)
share responsibility to prepare students with disabilities for success-
ful integrated employment (including supported employment). ACCES-VR and
OSE have agreed to work in collaboration with school districts and
others to promote increased access to work-based learning opportunities
for students with disabilities. Collaboration between school and adult
programs to prepare students with disabilities for successful integrated
employment during school hours during the last three years of their
anticipated exit from high school will better prepare these students for
successful community work experience, careers, and independent living.
Unfortunately, ACCES-VR vocational rehabilitation contractors report
that while transition services, including vocational education and inte-
grated employment (including supportive employment) are considered
special education or related services that are necessary to ensuring a
free and appropriate public education ("FAPE") to students with disabil-
ities, ACCESVR and local school districts will not pay for the delivery
of these services during school hours by ACCES-VR contractors. This bill
seeks to remove this impediment to successful community integration and
the employment of students with a disability and foster this collab-
oration. It will also allow school districts to claim state aid for
students with disabilities employed or enrolled in employment programs
pursuant to law.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
To Be Determined
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall 21 have
become a law.
STATE OF NEW YORK
________________________________________________________________________
8667
IN ASSEMBLY
January 10, 2022
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to authorizing school
districts that provide transition services to allow the delivery of
such transition services, including integrated employment, during
school hours
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph c of subdivision 2 of section 4402 of the educa-
2 tion law, as amended by chapter 273 of the laws of 1986, is amended to
3 read as follows:
4 c. (1) Nothing in this section shall be deemed or construed to prohib-
5 it a committee on special education from recommending a special service
6 or program specified in paragraph d of subdivision two of section
7 forty-four hundred one of this [chapter] article or to diminish the
8 power of the commissioner to make appointments pursuant to such para-
9 graph.
10 (2) Provided, however, that where the board of education or trustees
11 in furnishing suitable educational opportunities for students with disa-
12 bilities has selected as one of the most reasonable and appropriate
13 special services or programs for such children from those programs spec-
14 ified in paragraph n of subdivision two of section forty-four hundred
15 one of this article upon receipt of the recommendation of the committee
16 on special education, the provision of transition services, in partic-
17 ular vocational training programs approved by the department or by
18 another state agency shall be permitted to occur in the last three years
19 of secondary education of a student with disability during school hours.
20 § 2. This act shall take effect on the thirtieth day after it shall
21 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13903-01-1
