New York 2025-2026 Regular Session

New York Senate Bill S03558

Introduced
1/28/25  
Refer
1/28/25  

Caption

Provides for due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.

Summary

Bill S03558 amends the mental hygiene law to establish due process procedures for individuals who are transitioning from educational programs to adult care services. Specifically, it outlines the notification process for individuals and their guardians regarding proposed placements in adult care facilities, as well as the rights to appeal such decisions. The bill ensures that individuals receiving transitional care are informed of their options and have the opportunity to contest placements they believe are inappropriate.

Impact

The bill impacts state laws by formalizing the process through which individuals eligible for transitional care are notified about their placement options and the appeals process. It aims to enhance the rights of individuals with disabilities by ensuring they are not prematurely removed from educational programs and that their needs are adequately considered in the transition to adult care services. This could lead to changes in how adult care facilities operate and interact with individuals transitioning from educational settings.

Sentiment

The sentiment around Bill S03558 appears to be generally supportive, as it seeks to protect the rights of individuals with disabilities during a critical transition period. However, there may be concerns regarding the administrative burden of implementing the due process procedures outlined in the bill, particularly among care providers and state agencies.

Contention

Notable points of contention may arise from stakeholders concerned about the feasibility of the proposed administrative appeals process and the potential impact on care funding. Some advocates for individuals with disabilities may argue that the bill does not go far enough in ensuring comprehensive protections, while care providers may express concerns about the implications of increased administrative requirements.

Companion Bills

NY A07799

Same As Provides for due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.

Previously Filed As

NY S03177

Provides for due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.

NY A07799

Provides for due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.

NY A10372

Provides that an adult individual who has transferred into the OPWDD system of care from a transitional care placement at an out-of-state or in-state residential school or adult program associated with a residential school, and whose health, safety, or welfare are being adversely affected in the OPWDD system of care, is allowed to return to their prior transitional care placement, funded by OPWDD, under certain conditions.

NY S10093

Provides that an adult individual who has transferred into the OPWDD system of care from a transitional care placement at an out-of-state or in-state residential school or adult program associated with a residential school, and whose health, safety, or welfare are being adversely affected in the OPWDD system of care, is allowed to return to their prior transitional care placement, funded by OPWDD, under certain conditions.

NY A04504

Increases the amount certain individuals are eligible for when receiving enhanced residential care.

NY A00610

Requires the department of education to develop school health and mental health professionals to student ratios in public schools for students who do not receive services pursuant to the individuals with disabilities education act.

NY S05024

Requires the department of education to develop school health and mental health professionals to student ratios in public schools for students who do not receive services pursuant to the individuals with disabilities education act.

NY S05756

Creates a transparency database for contracted not-for-profit organizations; provides such database will include those that are in the process of being approved for contracts, that have received certificates of approval, are approved for contracts, have received renewal contracts, or have been the recipient of fully-executed contracts with the state of New York.

NY HB2618

Requiring the state board of education to report to the legislature on federal moneys received by the state, ending certain educational reporting requirements and applying expiration dates to other educational reporting requirements.

NY H5773

Provides that shared living for older adults and adults with disabilities allow individuals to receive care from family caregivers, related or unrelated regardless of whether they are performing other activities, such as power of attorney for individual.

Similar Bills

No similar bills found.