Appoints an impartial hearing officer to issue an order of relief if a parent or person in parental relation of a student files a due process complaint notice seeking an impartial due process hearing.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7614
SPONSOR: Benedetto TITLE OF BILL:
An act to amend the education law, in relation to appointing an impar-
tial hearing officer during certain appeal procedures for children with
handicapping conditions
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to address due process complaints that have
not been resolved within a timely manner to ensure that students with
disabilities receive their right to a free appropriate public education.
SUMMARY OF PROVISIONS:
Section one provides that if a parent of a student files a due process
complaint notice seeking an impartial due process hearing and an impar-
tial hearing officer (IHO) is not appointed within 196 days after filing
such due process complaint notice with the local school district, in
accordance with regulations promulgated by the commissioner, an IHO may
then be immediately appointed to issue an order based upon a proposed
order of relief submitted by the parent identifying appropriate and
individualized programs and services for the student. This section also
provides reported procedures regarding the number of complaints that
seek this relief, the relief sought, and the resolution of such
complaints.
Section two sets forth the effective date.
JUSTIFICATION:
The proposed accelerated process provides relief to those parents who
have waited 195 days or longer for assignment of an IHO. Case law from
other jurisdictions holds that a procedural delay of four months or
longer for a due process hearing constitutes a denial of a free appro-
priate public education (FAPE) as required by the IDEA. This accelerated
process is designed to provide quick relief, similar to the expedited
hearing process to which a student is entitled regarding certain disci-
plinary actions (8 NYCRR 201.11). This accelerated process will relieve
an IHO from determining whether a school district offered FAPE; she or
he will only consider whether to award the parent her or his requested
relief. In this respect, the IHO will consider the appropriateness of
the programs and services sought by a parent and award such relief if
appropriate and individualized to the child.
Upon enactment of this legislation, NYSED will promulgate regulations
detailing the condensed time frame by which an order will be rendered by
an IHO for parents who choose to seek an accelerated order of relief.
This is the same process the Legislature has followed for other due
process procedural regulations. For example, Education Law § 4404(d)
requires the Commissioner of Education to "promulgate regulations estab-
lishing procedures and timelines for expedited hearings." A similar
process would occur for accelerated orders of relief. NYSED would draft
and submit proposed regulations for public comment and hearings; this
procedure would ensure that NYSED receives public and stakeholder input
regarding the scope and details of the proposed regulations.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day ater it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
7614
2021-2022 Regular Sessions
IN ASSEMBLY
May 19, 2021
___________
Introduced by M. of A. BENEDETTO, CYMBROWITZ -- read once and referred
to the Committee on Education
AN ACT to amend the education law, in relation to appointing an impar-
tial hearing officer during certain appeal procedures for children
with handicapping conditions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4404 of the education law is amended by adding a
2 new subdivision 1-a to read as follows:
3 1-a. If the parent or person in parental relation of a student files a
4 due process complaint notice seeking an impartial due process hearing
5 with respect to the evaluation, educational placement, provision of a
6 free appropriate public education to the student or in accordance with
7 section thirty-six hundred two-c of this chapter and an impartial hear-
8 ing officer is not appointed within one hundred ninety-six days after
9 filing such due process complaint notice with the local school district,
10 in accordance with regulations promulgated pursuant to this section by
11 the commissioner, an impartial hearing officer may then be immediately
12 appointed to issue an order based upon a proposed order of relief
13 submitted by the parent or person in parental relation of the student
14 identifying appropriate and individualized programs and services for the
15 student. School districts subject to this subdivision shall annually
16 report, on a form prescribed by the commissioner, on the number of
17 complaints that seek this relief, the relief sought, and the resolution
18 of such complaints to the governor, the commissioner, the temporary
19 president of the senate, the speaker of the assembly, the chair of the
20 senate education committee, the chair of the senate city of New York
21 education committee and the chair of the assembly education committee.
22 § 2. This act shall take effect on the ninetieth day after it shall
23 have become a law. Effective immediately, the addition, amendment and/or
24 repeal of any rule or regulation necessary for the implementation of
25 this act on its effective date are authorized to be made and completed
26 by the commissioner of education on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11358-01-1
