May 2013: NY State Ed proposes significant changes to special education laws

The following is a summary of proposed changes being pushed by the NYS Education Department. Note that the bill (Assembly bill  A-7060; Senate bill S-5557) was referred to the education committee on 5/20/13:

1. 3602-c:

-moving notice date from June 1 to April 1 for students who already have an IEP

-no entitlement to special class or ICT

-mediation required before impartial hearing except in child find cases

-ESY available

2. abolishes appointment by the commissioner to state supported schools and makes CSE responsible for such placements

3. CSE membership

-eliminates school physician

-parent member only upon request of the parent

-elimination of subcommittees

4. Transportation

-students receiving transportation under the 50 mile rule are not eligible to receive special education services under 3602-c.

5. Statute of Limitations:

-reduce the current S/L from 2 years to 1 year, except in tuition reimbursement cases in which case it would be 6 months from "from the placement by the parent or person in parental relation in the private school, provided that the student shall be deemed placed for such purpose on the first day the student is enrolled in and is liable for tuition in the private school."

6. Preschool

-Parent can no longer choose the evaluator.

-All school districts are deemed to be approved evaluators.