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Tuesday, June 30, 2009

Impact of legislative stalemate on special education law in New York State

As those of us in New York State are aware, legislative activity in Albany appears to have ground to a halt. Unfortunately, many state laws governing special education expired today. There is no indication that the legislature took action to extend these provisions. Of particular note, Education Law §4404(3)(a) expressly provided a 4 month statute of limitations for appealing an adverse State Review Office decision. This section expired today. In its stead is a provision that does not include a period of time during which an appeal must be commenced, thus adding an element of uncertainty as to whether the 4 month period contemplated by Article 78 or the 3 month Statute of Limitations provided by the IDEA would apply.

Next, students with IEPs who attend private schools are presently entitled to special education services from the district of location of the private school. As of July 1, it appears that the district of residence will be the responsible district.