New York S 5073: Provides for the development of an environmental health tracking system within the department of health with cooperation from certain other agencies

Bill Text

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S05073 Summary:

BILL NOS05073 

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SAME ASSAME AS A06636

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SPONSORGRIFFO

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COSPNSR

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MLTSPNSR

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Amd §4404, Ed L

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Relates to the burden of proof for appeal procedures for children with handicapping conditions; shifts the burden to the parent or person in parental relationship.

Go to top S05073 Actions:

BILL NOS05073 

&nbsp

02/18/2025REFERRED TO DISABILITIES

01/07/2026REFERRED TO DISABILITIES

Go to topS05073 Committee&nbspVotes:

Go to topS05073 Floor&nbspVotes:

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

Go to topS05073 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5073

 2025-2026 Regular Sessions

 IN SENATE

 February 18, 2025
 ___________

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

 AN ACT to amend the education law, in relation to the burden of proof
 for appeal procedures for children with handicapping conditions

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

 1 Section 1. Paragraph c of subdivision 1 of section 4404 of the educa-
 2 tion law, as amended by section 1 of chapter 583 of the laws of 2007, is
 3 amended to read as follows:
 4 c. Individuals so appointed by a board of education or a state agency
 5 shall be selected from a list of available impartial hearing officers
 6 who have successfully completed an impartial hearing officer training
 7 program conducted by the department according to a rotation selection
 8 process prescribed in regulations of the commissioner; except that a
 9 city school district of a city having a population of more than one
 10 million inhabitants shall be exempt from such regulations to the extent
 11 it maintains its rotational selection process in effect prior to July
 12 first, nineteen hundred ninety-three. A record of proceedings before the
 13 impartial hearing officer shall be maintained and made available to the
 14 parties, and the hearing shall be conducted in accordance with the regu-
 15 lations of the commissioner. The [board of education or trustees of the
 16 school district or the state agency responsible for providing education
 17 to students with disabilities] parent or person in parental relationship
 18 shall have the burden of proof, including the burden of persuasion and
 19 burden of production, in any such impartial hearing[, except that a
 20 parent or person in parental relation seeking tuition reimbursement for
 21 a unilateral parental placement shall have the burden of persuasion and
 22 burden of production on the appropriateness of such placement]. The
 23 decision of the impartial hearing officer shall be binding upon both
 24 parties unless appealed to the state review officer. The commissioner
 25 shall establish a department training program which shall be completed

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09062-01-5

 S. 5073 2

 1 to the satisfaction of the commissioner as a condition of certification.
 2 Impartial hearing officers shall have the qualifications specified in
 3 subsection (f) of section fourteen hundred fifteen of title twenty of
 4 the United States code, the implementing federal regulations and the
 5 regulations of the commissioner. The commissioner shall promulgate regu-
 6 lations to ensure that no individual employed by a school district,
 7 school or program serving students with disabilities placed by a school
 8 district committee on special education acts as an impartial hearing
 9 officer and that no individual employed by such schools or programs
 10 serves as an impartial hearing officer for two years following the
 11 termination of such employment. The commissioner shall promulgate regu-
 12 lations establishing procedures for the suspension or revocation of
 13 impartial hearing officer certification for good cause. The commissioner
 14 shall establish maximum rates for the compensation of impartial hearing
 15 officers subject to the approval of the director of the division of the
 16 budget.
 17 § 2. Subdivision 1 of section 4404 of the education law, as amended by
 18 section 2 of chapter 583 of the laws of 2007, is amen