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

• Democratic34
• Republican2

◆ The sponsor's argument

Why Jessica Scarcella-Spanton says this is needed

Under New York State law, parents who choose to enroll their child in a private or religious school or homeschool may be eligible for special education services as delineated by an Individualized Education Services Program (IESP), which is developed through the same process as an Indi- vidualized Education Program (IEP). The New York Board of Regents has proposed a change to Regents Rule 200.5 that would remove parents' long-standing right to seek a due proc- ess hearing with an impartial hearing officer when a district fails to implement the services listed on an Individualized Education Services Plan (IESP) for a nonpublic-school student. This new restriction would remove families' right to access the only reliable enforcement mechanism to ensure that mandated services are delivered. Under the proposal, public-school students would continue to have full due process protections, while nonpublic-school students with the same disabilities would lose them, despite the statutory promise of equitable treatment. This legislation would codify parents' rights to a due process hearing regarding the implementation of a child's IESP so they can get the services to which they are entitled.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.