Relates to due process rights for non-public school students with special needs.
Summary
This bill amends Section 3602-c of the Education Law to expand and clarify due process rights for students with disabilities who attend nonpublic schools in New York. It provides that parents or persons in parental relation may seek review not only of a committee on special education’s recommendation, but also of the implementation of an individualized education service program (IESP). The bill also expressly allows due process complaints concerning school district compliance with child find requirements, evaluation requirements, and the recommendation or implementation of an IESP.
The measure also updates the timing rules for requesting services for nonpublic school students with disabilities, including special filing deadlines for students newly identified as having a disability or newly residing in a district after the usual June 1 deadline. It preserves the existing framework under which school districts must provide equitable special education services to eligible nonpublic school students and may contract with the district of location, while making clear that disputes over service delivery can be pursued through the due process procedures in Education Law section 4404.
Impact
The bill would amend state education law governing special education services for nonpublic school students, specifically the procedures in Education Law section 3602-c. Its main legal effect is to broaden the scope of issues that can be challenged through due process, extending review to implementation failures and related compliance issues, not just the underlying committee recommendation. It would affect school districts, parents or guardians of students with disabilities, committees on special education, and nonpublic school students receiving services under the district-of-location/district-of-residence framework.
Sentiment
The bill appears to be framed as a student-rights and procedural fairness measure, with the caption and text emphasizing due process protections for nonpublic school students with special needs. Because there are no committee transcripts or recorded votes provided, there is no documented opposition or support in the supplied materials, but the bill’s structure suggests a generally protective approach toward parents and students seeking enforcement of special education services.
Contention
The likely point of contention is the expansion of due process exposure for school districts, particularly the explicit ability to challenge the implementation of an IESP and compliance with child find and evaluation obligations. Supporters would likely view this as necessary to ensure services are actually delivered, while school districts or administrators may view it as increasing litigation or administrative burdens. Another possible issue is the interaction between residence districts and districts of location, since the bill preserves but clarifies responsibilities in a system that already involves shared service obligations.
Establishes a transfer student appeal process to provide students with an option to pursue a second opinion regarding the status of their transfer credits from out-of-state schools, out-of-country schools, or non-public schools.
Establishes protections for the rights of pregnant students, parenting students, and students with pregnancy-related conditions in schools; requires schools to establish liaison officers for such students and to disseminate information relating to resources available to such students; directs that rules be established to administer such rights and to establish minimum periods of time for a leave of absence at the student's option.
Establishes protections for the rights of pregnant students, parenting students, and students with pregnancy-related conditions in schools; requires schools to establish liaison officers for such students and to disseminate information relating to resources available to such students; directs that rules be established to administer such rights and to establish minimum periods of time for a leave of absence at the student's option.
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.
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.
Requires each school district to ensure that every public school in which school days exceed five hours in duration provides up to thirty minutes of daily recess within the school day for all students in kindergarten through fifth grade and for students in sixth grade who attend an elementary school.