New York A 9385: Relates to due process rights for non-public school students with special needs

Bill Text

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A09385 Summary:

BILL NOA09385A

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SAME ASSAME AS S08842-A

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SPONSORCarroll R

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COSPNSRWeprin, Kay, Pheffer Amato, McMahon, Hevesi, Wieder, Rozic, Paulin, Steck, Davila, Stern, Kassay,
 Simone, Conrad, McDonald, Clark, Berger, Griffin, Simon

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MLTSPNSR

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Amd §3602-c, Ed L

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Relates to due process rights for non-public school students with special needs.

Go to top A09385 Actions:

BILL NOA09385A

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12/19/2025referred to education

01/07/2026referred to education

05/07/2026amend and recommit to education

05/07/2026print number 9385a

Go to topA09385 Committee&nbspVotes:

Go to topA09385 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09385 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9385--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 December 19, 2025
 ___________

 Introduced by M. of A. R. CARROLL, WEPRIN, KAY, PHEFFER AMATO, McMAHON,
 HEVESI, WIEDER, ROZIC, PAULIN, STECK, DAVILA, STERN, KASSAY, SIMONE,
 CONRAD, McDONALD, CLARK -- read once and referred to the Committee on
 Education -- recommitted to the Committee on Education in accordance
 with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
 ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the education law, in relation to due process rights for
 non-public school students with special needs

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subparagraph 1 of paragraph b and paragraph c of subdivi-
 2 sion 2 of section 3602-c of the education law, subparagraph 1 of para-
 3 graph b as amended and paragraph c as added by chapter 378 of the laws
 4 of 2007, are amended to read as follows:
 5 (1) For the purpose of obtaining education for students with disabili-
 6 ties, as defined in paragraph d of subdivision one of this section, such
 7 request shall be reviewed by the committee on special education of the
 8 school district of location, which shall develop an individualized
 9 education service program for the student based on the student's indi-
 10 vidual needs in the same manner and with the same contents as an indi-
 11 vidualized education program. The committee on special education shall
 12 assure that special education programs and services are made available
 13 to students with disabilities attending nonpublic schools located within
 14 the school district on an equitable basis, as compared to special educa-
 15 tion programs and services provided to other students with disabilities
 16 attending public or nonpublic schools located within the school
 17 district. Review of the recommendation of the committee on special
 18 education, including its implementation thereof, may be obtained by the
 19 parent or person in parental relation of the pupil pursuant to the
 20 provisions of section forty-four hundred four of this chapter.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14185-03-6

 A. 9385--A 2

 1 c. Due process complaints relating to compliance of the school
 2 district of location with child find requirements, or with the recommen-
 3 dation or implementation of an individualized education service program,
 4 including evaluation requirements, may be brought by the parent or
 5 person in parental relation of the student pursuant to section forty-
 6 four hundred four of this chapter.
 7 § 2. Subdivision 2 of section 3602-c of the education law, as amended
 8 by chapter 474 of the laws of 2004, is amended to read as follows:
 9 2. Boards of education of all school districts of the state shall
 10 furnish services to pupils who are residents of this state and who
 11 attend nonpublic schools located in such school districts, upon the
 12 written request of the parent, guardian or persons legally having custo-
 13 dy of any such pupil. Such a request shall be filed with the board of
 14 education of the school district in which the parent, guardian or
 15 persons legally having custody of the pupil resides on or before the
 16 first day of June preceding the school year for which the request is
 17 made; provided that, in the case of education for students with disabil-
 18