New York S 8740: Requires additional reporting and documentation requirements for manifestation determination reviews

Bill Text

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S08740 Summary:

BILL NOS08740 

&nbsp

SAME ASSAME AS A09230

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §3214-a, Ed L

&nbsp

Requires school districts to collect and annually report to the department of education certain information regarding manifestation determination reviews (MDRs) conducted during the prior school year; requires certain disaggregated information to be publicly reported regarding MDRs.

Go to top S08740 Actions:

BILL NOS08740 

&nbsp

01/08/2026REFERRED TO EDUCATION

Go to topS08740 Committee&nbspVotes:

Go to topS08740 Floor&nbspVotes:

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

Go to topS08740 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8740

 IN SENATE

 January 8, 2026
 ___________

 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Education

 AN ACT to amend the education law, in relation to requiring additional
 reporting and documentation requirements for manifestation determi-
 nation reviews

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

 1 Section 1. Legislative findings and intent. The legislature finds that
 2 students with disabilities continue to be disproportionately suspended
 3 and excluded from classrooms, often without proper consideration of
 4 their disabilities as required under federal and state law. Manifesta-
 5 tion determination reviews (MDRs), which are designed to protect these
 6 students, are frequently conducted without meaningful parental involve-
 7 ment or adequate review of relevant student needs and services.
 8 The legislature further finds that the inconsistent application of MDR
 9 procedures undermines students' access to education and contributes to
 10 negative long-term outcomes, including academic disengagement and
 11 increased dropout rates. This act is intended to promote equity, trans-
 12 parency, and compliance by improving how MDRs are documented and
 13 reported across all school districts, and by ensuring that disciplinary
 14 decisions are made with due consideration of a student's disability and
 15 needs.
 16 § 2. The education law is amended by adding a new section 3214-a to
 17 read as follows:
 18 § 3214-a. Manifestation determination reviews; additional provisions.
 19 1. For the purposes of this section, the following terms shall have the
 20 following meanings:
 21 (a) "Manifestation determination review" or "MDR" means a review of a
 22 qualifying student's behavior that is subject to disciplinary action to
 23 determine if such behavior is a manifestation of such qualifying
 24 student's disability or presumed disability, conducted pursuant to
 25 subsection (k) of section fourteen hundred fifteen of title twenty of
 26 the United States code and any federal regulations implementing such

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11531-02-5

 S. 8740 2

 1 statute, 8 NYCRR 201.4, and/or paragraph g of subdivision three of
 2 section thirty-two hundred fourteen of this part.
 3 (b) "Qualifying student" means a "child with a disability" or "student
 4 with a disability" as defined by section forty-four hundred one of this
 5 chapter, or a student presumed to have a disability for discipline
 6 purposes.
 7 (c) "MDR worksheet" means a documentation tool utilized during the
 8 manifestation determination review process to guide and record the
 9 review team's deliberations. The MDR worksheet shall reflect the data
 10 collection and analysis requirements set forth in this section. A
 11 uniform worksheet may be developed or adopted at the state level, but
 12 nothing in this section shall be construed to require its use.
 13 2. Each school district shall, through a MDR worksheet, collect and
 14 annually report to the department the following information for each
 15 manifestation determination review conducted during the prior school
 16 year:
 17 (a) the final determination of each MDR;
 18 (b) the number of suspension days initially proposed by the school
 19 district in each suspension subject to a MDR;
 20 (c) the number of suspension days actually imposed on each qualifying
 21 st