New York Assembly Bill A03950

New York 2025-2026 Regular Session

• Introduced: 1/30/25
• Refer: 1/30/25
• Refer: 1/7/26

Caption

Requires the school district of location shall annually provide written notice to all parents or persons in parental relation to students with disabilities attending nonpublic schools within their district regarding the process for requesting special education services; relates to the denial of services in a city having a population of one million or more for the 2024--2025 school year.

Summary

This bill amends the Education Law to require school districts of location to give annual written notice to parents or persons in parental relation of students with disabilities attending nonpublic schools about how to request special education services. The notice must be provided in the parent’s native language, include deadlines, explain the submission process and required documentation, and provide contact information for assistance. If notice is sent after May 1, requests filed within 28 days of receipt are treated as timely for that school year. The bill also bars school districts from conditioning services on a waiver of procedural safeguards and declares any such waiver void as against public policy. For the 2024-2025 school year only, it applies to city school districts in cities of one million or more residents, which effectively targets New York City. It requires the district’s committee on special education to notify certain parents whose requests were not filed or were denied on procedural grounds, give them a chance to cure defects, and allow eligible students to seek compensatory services through an impartial hearing officer if they were denied services for procedural reasons.

Impact

The bill would expand notice obligations and procedural protections for nonpublic school students with disabilities seeking special education services under Education Law section 3602-c. It creates a clearer, more parent-friendly application process, extends filing timeliness in certain late-notice situations, and authorizes compensatory services as a remedy when services were denied on procedural grounds. In practice, it would affect school districts of location, committees on special education, parents of students with disabilities in nonpublic schools, and impartial hearing officers, with a special one-year retroactive remedial process for the 2024-2025 school year in large city school districts.

Sentiment

The bill appears generally supportive of families and students with disabilities, with an emphasis on access, notice, and fairness in the special education request process. Its structure suggests a response to concerns that eligible students may have missed services because of deadlines, incomplete paperwork, or inadequate notice rather than because of substantive ineligibility. No committee transcript or vote record is provided, so there is no direct evidence of formal opposition or support beyond the bill’s remedial and consumer-protection orientation.

Contention

The main point of contention is likely to be the retroactive and procedural-remedy provisions, especially the requirement that districts reopen or cure prior denials based on technical errors and potentially provide compensatory services. School districts may view the bill as increasing administrative burdens, exposure to claims, and costs, while advocates for students with disabilities and nonpublic school families are likely to support the added notice, deadline flexibility, and protection against waiver of rights. The bill’s limitation to a city school district in a city of one million or more for the 2024-2025 school year also suggests a targeted response that may be viewed as either narrowly tailored or as singling out one district.