Special Education

ATTACHMENT 3

Chapter 377 of the Laws Of 2001

STATE OF NEW YORK

7926
2001-2002 Regular Sessions
I N A S S E M B L Y
March 27, 2001

Introduced by M. of A. WEISENBERG, STRINGER, SANDERS, DelMONTE, SEDDIO-- Multi-Sponsored by -- M. of A. COLTON, COOK, DAVIS, GORDON, GREENE, JOHN, LAFAYETTE, LAVELLE, MAYERSOHN, MILLMAN, SIDIKMAN -- (at request of the State Education Department) -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to ensuring the availability of educational materials in usable formats to students with disabilities

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1 Section 1. Section 1604 of the education law is amended by adding a
2 new subdivision 29-a to read as follows:
3 29-A. TO DEVELOP A PLAN TO ENSURE THAT ALL INSTRUCTIONAL MATERIALS TO
4 BE USED IN THE SCHOOLS OF THE DISTRICT ARE AVAILABLE IN A USABLE ALTER-
5 NATIVE FORMAT FOR EACH STUDENT WITH A DISABILITY, AS DEFINED IN SECTION
6 FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, AND FOR EACH STUDENT WHO IS A
7 QUALIFIED INDIVIDUAL WITH A DISABILITY AS DEFINED IN THE REHABILITATION
8 ACT OF NINETEEN HUNDRED NINETY-THREE (29 U.S.C. 701) AS AMENDED, IN
9 ACCORDANCE WITH HIS OR HER EDUCATIONAL NEEDS AND COURSE SELECTION, AT
10 THE SAME TIME AS SUCH INSTRUCTIONAL MATERIALS ARE AVAILABLE TO NON-DISA-
11 BLED STUDENTS. AS PART OF SUCH PLAN THE TRUSTEE OR BOARD OF TRUSTEES
12 SHALL AMEND ITS PROCUREMENT POLICIES TO GIVE A PREFERENCE IN THE
13 PURCHASE OF INSTRUCTIONAL MATERIALS TO VENDORS WHO AGREE TO PROVIDE
14 MATERIALS IN ALTERNATIVE FORMATS. FOR PURPOSES OF THIS SUBDIVISION,
15 "ALTERNATIVE FORMAT" SHALL MEAN ANY MEDIUM OR FORMAT FOR THE PRESENTA-
16 TION OF INSTRUCTIONAL MATERIALS, OTHER THAN A TRADITIONAL PRINT TEXT-
17 BOOK, THAT IS NEEDED AS AN ACCOMMODATION FOR A DISABLED STUDENT ENROLLED
18 IN THE SCHOOL DISTRICT, INCLUDING BUT NOT LIMITED TO BRAILLE, LARGE
19 PRINT, OPEN AND CLOSED CAPTIONED, AUDIO, OR AN ELECTRONIC FILE IN AN
20 APPROVED FORMAT, AS DEFINED IN THE REGULATIONS OF THE COMMISSIONER. WHEN
21 AN ELECTRONIC FILE IS PROVIDED, THE PLAN SHALL SPECIFY HOW THE FORMAT

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets { } is old law to be omitted.

LBD10865-01-1

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1 WILL BE ACCESSED BY STUDENTS AND/OR HOW THE DISTRICT SHALL CONVERT TO AN
2 ACCESSIBLE FORMAT. SUCH PLAN SHALL IDENTIFY THE NEEDS OF STUDENTS RESID-
3 ING IN THE DISTRICT FOR ALTERNATIVE FORMAT MATERIALS. SUCH PLAN SHALL
4 ALSO SPECIFY ORDERING TIMELINES TO ENSURE THAT ALTERNATIVE FORMAT MATE-
5 RIALS ARE AVAILABLE AT THE SAME TIME AS REGULAR FORMAT MATERIALS. SUCH
6 PLANS SHALL INCLUDE PROCEDURES TO ADDRESS THE NEED TO OBTAIN MATERIALS
7 IN ALTERNATIVE FORMAT WITHOUT DELAY FOR DISABLED STUDENTS WHO MOVE INTO
8 THE SCHOOL DISTRICT DURING THE SCHOOL YEAR.
9 S 2. Section 1709 of the education law is amended by adding a new
10 subdivision 4-a to read as follows:
11 4-A. TO DEVELOP A PLAN TO ENSURE THAT ALL INSTRUCTIONAL MATERIALS TO
12 BE USED IN THE SCHOOLS OF THE DISTRICT ARE AVAILABLE IN A USABLE ALTER-
13 NATIVE FORMAT FOR EACH STUDENT WITH A DISABILITY, AS DEFINED IN SECTION
14 FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, AND FOR EACH STUDENT WHO IS A
15 QUALIFIED INDIVIDUAL WITH A DISABILITY AS DEFINED IN THE REHABILITATION
16 ACT OF NINETEEN HUNDRED NINETY-THREE (29 U.S.C. 701) AS AMENDED, IN
17 ACCORDANCE WITH HIS OR HER EDUCATIONAL NEEDS AND COURSE SELECTION, AT
18 THE SAME TIME AS SUCH INSTRUCTIONAL MATERIALS ARE AVAILABLE TO NON-DISA-
19 BLED STUDENTS. AS PART OF SUCH PLAN, THE BOARD OF EDUCATION SHALL AMEND
20 ITS PROCUREMENT POLICIES TO GIVE A PREFERENCE IN THE PURCHASE OF
21 INSTRUCTIONAL MATERIALS TO VENDORS WHO AGREE TO PROVIDE MATERIALS IN
22 ALTERNATIVE FORMATS. FOR PURPOSES OF THIS SUBDIVISION, "ALTERNATIVE
23 FORMAT" SHALL MEAN ANY MEDIUM OR FORMAT FOR THE PRESENTATION OF INSTRUC-
24 TIONAL MATERIALS, OTHER THAN A TRADITIONAL PRINT TEXTBOOK, THAT IS NEED-
25 ED AS AN ACCOMMODATION FOR A DISABLED STUDENT ENROLLED IN THE SCHOOL
26 DISTRICT, INCLUDING BUT NOT LIMITED TO BRAILLE, LARGE PRINT, OPEN AND
27 CLOSED CAPTIONED, AUDIO, OR AN ELECTRONIC FILE IN AN APPROVED FORMAT, AS
28 DEFINED IN THE REGULATIONS OF THE COMMISSIONER. WHEN AN ELECTRONIC FILE
29 IS PROVIDED, THE PLAN SHALL SPECIFY HOW THE FORMAT WILL BE ACCESSED BY
30 STUDENTS AND/OR HOW THE DISTRICT SHALL CONVERT TO AN ACCESSIBLE FORMAT.
31 SUCH PLAN SHALL IDENTIFY THE NEEDS OF STUDENTS RESIDING IN THE DISTRICT
32 FOR ALTERNATIVE FORMAT MATERIALS. SUCH PLAN SHALL ALSO SPECIFY ORDERING
33 TIMELINES TO ENSURE THAT ALTERNATIVE FORMAT MATERIALS ARE AVAILABLE AT
34 THE SAME TIME AS REGULAR FORMAT MATERIALS. SUCH PLANS SHALL INCLUDE
35 PROCEDURES TO ADDRESS THE NEED TO OBTAIN MATERIALS IN ALTERNATIVE FORMAT
36 WITHOUT DELAY FOR DISABLED STUDENTS WHO MOVE INTO THE SCHOOL DISTRICT
37 DURING THE SCHOOL YEAR.
38 S 3. Section 1950 of the education law is amended by adding a new
39 subdivision 4-a to read as follows:
40 4-A. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL DEVELOP A
41 PLAN TO ENSURE THAT ALL INSTRUCTIONAL MATERIALS TO BE USED IN THE
42 PROGRAMS OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES ARE AVAILABLE
43 IN A USABLE ALTERNATIVE FORMAT FOR EACH STUDENT WITH A DISABILITY, AS
44 DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, AND FOR EACH
45 STUDENT WHO IS A QUALIFIED INDIVIDUAL WITH A DISABILITY AS DEFINED IN
46 THE REHABILITATION ACT OF NINETEEN HUNDRED NINETY-THREE (29 U.S.C. 701)
47 AS AMENDED, IN ACCORDANCE WITH HIS OR HER EDUCATIONAL NEEDS AND COURSE
48 SELECTION, AT THE SAME TIME AS SUCH INSTRUCTIONAL MATERIALS ARE AVAIL-
49 ABLE TO NON-DISABLED STUDENTS. AS PART OF SUCH PLAN, THE BOARD OF COOP-
50 ERATIVE EDUCATIONAL SERVICES SHALL AMEND ITS PROCUREMENT POLICIES TO
51 GIVE A PREFERENCE IN THE PURCHASE OF INSTRUCTIONAL MATERIALS TO VENDORS
52 WHO AGREE TO PROVIDE MATERIALS IN ALTERNATIVE FORMATS. FOR PURPOSES OF
53 THIS SUBDIVISION, "ALTERNATIVE FORMAT" SHALL MEAN ANY MEDIUM OR FORMAT
54 FOR THE PRESENTATION OF INSTRUCTIONAL MATERIALS, OTHER THAN A TRADI-
55 TIONAL PRINT TEXTBOOK, THAT IS NEEDED AS AN ACCOMMODATION FOR A DISABLED
56 STUDENT ENROLLED IN A PROGRAM OF THE BOARD OF COOPERATIVE EDUCATIONAL

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1 SERVICES, INCLUDING BUT NOT LIMITED TO BRAILLE, LARGE PRINT, OPEN AND
2 CLOSED CAPTIONED, AUDIO, OR AN ELECTRONIC FILE IN AN APPROVED FORMAT, AS
3 DEFINED IN THE REGULATIONS OF THE COMMISSIONER. WHEN AN ELECTRONIC FILE
4 IS PROVIDED, THE PLAN SHALL SPECIFY HOW THE FORMAT WILL BE ACCESSED BY
5 STUDENTS AND/OR HOW THE DISTRICT SHALL CONVERT TO AN ACCESSIBLE FORMAT.
6 SUCH PLAN SHALL IDENTIFY THE NEEDS OF STUDENTS ENROLLED IN A PROGRAM OF
7 THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR ALTERNATIVE FORMAT
8 MATERIALS. SUCH PLAN SHALL ALSO SPECIFY ORDERING TIMELINES TO ENSURE
9 THAT ALTERNATIVE FORMAT MATERIALS ARE AVAILABLE AT THE SAME TIME AS
10 REGULAR FORMAT MATERIALS. SUCH PLANS SHALL INCLUDE PROCEDURES TO
11 ADDRESS THE NEED TO OBTAIN MATERIALS IN ALTERNATIVE FORMAT WITHOUT DELAY
12 FOR DISABLED STUDENTS WHO ENROLL IN A PROGRAM OF A BOARD OF COOPERATIVE
13 EDUCATIONAL SERVICES DURING THE SCHOOL YEAR.
14 S 4. Section 2503 of the education law is amended by adding a new
15 subdivision 7-a to read as follows:
16 7-A. TO DEVELOP A PLAN TO ENSURE THAT ALL INSTRUCTIONAL MATERIALS TO
17 BE USED IN THE SCHOOLS OF THE DISTRICT ARE AVAILABLE IN A USABLE ALTER-
18 NATIVE FORMAT FOR EACH STUDENT WITH A DISABILITY, AS DEFINED IN SECTION
19 FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, AND FOR EACH STUDENT WHO IS A
20 QUALIFIED INDIVIDUAL WITH A DISABILITY AS DEFINED IN THE REHABILITATION
21 ACT OF NINETEEN HUNDRED NINETY-THREE (29 U.S.C. 701) AS AMENDED, IN
22 ACCORDANCE WITH HIS OR HER EDUCATIONAL NEEDS AND COURSE SELECTION, AT
23 THE SAME TIME AS SUCH INSTRUCTIONAL MATERIALS ARE AVAILABLE TO NON-DISA-
24 BLED STUDENTS. AS PART OF SUCH PLAN, THE BOARD OF EDUCATION SHALL AMEND
25 ITS PROCUREMENT POLICIES TO GIVE A PREFERENCE IN THE PURCHASE OF
26 INSTRUCTIONAL MATERIALS TO VENDORS WHO AGREE TO PROVIDE MATERIALS IN
27 ALTERNATIVE FORMATS. FOR PURPOSES OF THIS SUBDIVISION, "ALTERNATIVE
28 FORMAT" SHALL MEAN ANY MEDIUM OR FORMAT FOR THE PRESENTATION OF INSTRUC-
29 TIONAL MATERIALS, OTHER THAN A TRADITIONAL PRINT TEXTBOOK, THAT IS NEED-
30 ED AS AN ACCOMMODATION FOR A DISABLED STUDENT ENROLLED IN THE SCHOOL
31 DISTRICT, INCLUDING BUT NOT LIMITED TO BRAILLE, LARGE PRINT, OPEN AND
32 CLOSED CAPTIONED, AUDIO, OR AN ELECTRONIC FILE IN AN APPROVED FORMAT, AS
33 DEFINED IN THE REGULATIONS OF THE COMMISSIONER. WHEN AN ELECTRONIC FILE
34 IS PROVIDED, THE PLAN SHALL SPECIFY HOW THE FORMAT WILL BE ACCESSED BY
35 STUDENTS AND/OR HOW THE DISTRICT SHALL CONVERT TO AN ACCESSIBLE FORMAT.
36 SUCH PLAN SHALL IDENTIFY THE NEEDS OF STUDENTS RESIDING IN THE DISTRICT
37 FOR ALTERNATIVE FORMAT MATERIALS. SUCH PLAN SHALL ALSO SPECIFY ORDERING
38 TIMELINES TO ENSURE THAT ALTERNATIVE FORMAT MATERIALS ARE AVAILABLE AT
39 THE SAME TIME AS REGULAR FORMAT MATERIALS. SUCH PLANS SHALL INCLUDE
40 PROCEDURES TO ADDRESS THE NEED TO OBTAIN MATERIALS IN ALTERNATIVE FORMAT
41 WITHOUT DELAY FOR DISABLED STUDENTS WHO MOVE INTO THE SCHOOL DISTRICT
42 DURING THE SCHOOL YEAR.
43 S 5. Section 2554 of the education law is amended by adding a new
44 subdivision 7-a to read as follows:
45 7-A. TO DEVELOP A PLAN TO ENSURE THAT ALL INSTRUCTIONAL MATERIALS TO
46 BE USED IN THE SCHOOLS OF THE DISTRICT ARE AVAILABLE IN A USABLE ALTER-
47 NATIVE FORMAT FOR EACH STUDENT WITH A DISABILITY, AS DEFINED IN SECTION
48 FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, AND FOR EACH STUDENT WHO IS A
49 QUALIFIED INDIVIDUAL WITH A DISABILITY AS DEFINED IN THE REHABILITATION
50 ACT OF NINETEEN HUNDRED NINETY-THREE (29 U.S.C. 701) AS AMENDED, IN
51 ACCORDANCE WITH HIS OR HER EDUCATIONAL NEEDS AND COURSE SELECTION, AT
52 THE SAME TIME AS SUCH INSTRUCTIONAL MATERIALS ARE AVAILABLE TO NON-DISA-
53 BLED STUDENTS; PROVIDED THAT IN THE CITY SCHOOL DISTRICT OF THE CITY OF
54 NEW YORK, SUCH PLAN SHALL BE DEVELOPED BY THE CHANCELLOR OF THE CITY
55 DISTRICT. AS PART OF SUCH PLAN, THE BOARD OF EDUCATION SHALL AMEND ITS
56 PROCUREMENT POLICIES TO GIVE A PREFERENCE IN THE PURCHASE OF INSTRUC-

A. 7926 4

1 TIONAL MATERIALS TO VENDORS WHO AGREE TO PROVIDE MATERIALS IN ALTERNA-
2 TIVE FORMATS. FOR PURPOSES OF THIS SUBDIVISION, "ALTERNATIVE FORMAT"
3 SHALL MEAN ANY MEDIUM OR FORMAT FOR THE PRESENTATION OF INSTRUCTIONAL
4 MATERIALS, OTHER THAN A TRADITIONAL PRINT TEXTBOOK, THAT IS NEEDED AS AN
5 ACCOMMODATION FOR A DISABLED STUDENT ENROLLED IN THE SCHOOL DISTRICT,
6 INCLUDING BUT NOT LIMITED TO BRAILLE, LARGE PRINT, OPEN AND CLOSED
7 CAPTIONED, AUDIO, OR AN ELECTRONIC FILE IN AN APPROVED FORMAT, AS
8 DEFINED IN THE REGULATIONS OF THE COMMISSIONER. WHEN AN ELECTRONIC FILE
9 IS PROVIDED, THE PLAN SHALL SPECIFY HOW THE FORMAT WILL BE ACCESSED BY
10 STUDENTS AND/OR HOW THE DISTRICT SHALL CONVERT TO AN ACCESSIBLE FORMAT.
11 SUCH PLAN SHALL IDENTIFY THE NEEDS OF STUDENTS RESIDING IN THE DISTRICT
12 FOR ALTERNATIVE FORMAT MATERIALS. SUCH PLAN SHALL ALSO SPECIFY ORDERING
13 TIMELINES TO ENSURE THAT ALTERNATIVE FORMAT MATERIALS ARE AVAILABLE AT
14 THE SAME TIME AS REGULAR FORMAT MATERIALS. SUCH PLANS SHALL INCLUDE
15 PROCEDURES TO ADDRESS THE NEED TO OBTAIN MATERIALS IN ALTERNATIVE FORMAT
16 WITHOUT DELAY FOR DISABLED STUDENTS WHO MOVE INTO THE SCHOOL DISTRICT
17 DURING THE SCHOOL YEAR.
18 S 6. Paragraph b of subdivision 10 of section 3602 of the education
19 law, as amended by chapter 301 of the laws of 1996, is amended to read
20 as follows:
21 b. District plans of service. Except as provided in clause (G) of
22 subparagraph two of paragraph g of subdivision twelve of this section,
23 any school district required to set aside a portion of its comprehensive
24 operating aid for pupils with compensatory educational needs as defined
25 in such paragraph g, or any school district receiving limited English
26 proficiency aid pursuant to subdivision twenty-two of this section or an
27 additional apportionment pursuant to subdivision nineteen of this
28 section for pupils with disabilities or to subdivision seventeen of this
29 section for pupils in career education programs shall, prior to Septem-
30 ber first, nineteen hundred seventy-four and every third year thereaft-
31 er, submit to the commissioner an acceptable plan of service describing
32 the student outcomes expected from implementation of the proposed plan,
33 except that after September first, nineteen hundred eighty-six such
34 plans with respect to the apportionment for pupils with disabilities or
35 for pupils in career education programs shall be submitted every two
36 years at a date specified by the commissioner and revised annually. THE
37 PLAN OF SERVICE SUBMITTED BY A SCHOOL DISTRICT RECEIVING AN ADDITIONAL
38 APPORTIONMENT PURSUANT TO SUBDIVISION NINETEEN OF THIS SECTION FOR
39 PUPILS WITH DISABILITIES SHALL ALSO DESCRIBE HOW SUCH DISTRICT INTENDS
40 TO ENSURE THAT ALL INSTRUCTIONAL MATERIALS TO BE USED IN THE SCHOOLS OF
41 SUCH DISTRICT WILL BE MADE AVAILABLE IN A USABLE ALTERNATIVE FORMAT FOR
42 EACH STUDENT WITH A DISABILITY AND FOR EACH STUDENT WHO IS A QUALIFIED
43 INDIVIDUAL WITH A DISABILITY, AT THE SAME TIME AS SUCH INSTRUCTIONAL
44 MATERIALS ARE AVAILABLE TO NON-DISABLED STUDENTS, PROVIDED THAT SUCH
45 PLAN MAY INCORPORATE BY REFERENCE THE ALTERNATIVE FORMAT PLANS DEVELOPED
46 PURSUANT TO SUBDIVISION TWENTY-NINE-A OF SECTION SIXTEEN HUNDRED FOUR,
47 SUBDIVISION FOUR-A OF SECTION SEVENTEEN HUNDRED NINE, SUBDIVISION
48 SEVEN-A OF SECTION TWENTY-FIVE HUNDRED THREE OR SUBDIVISION SEVEN-A OF
49 SECTION TWENTY-FIVE HUNDRED FIFTY-FOUR OF THIS CHAPTER. Such plans shall
50 be in a form prescribed by the commissioner, and except as heretofore
51 provided, shall have the content prescribed by the commissioner. The
52 commissioner may, from time to time, require amendments of such plans as
53 deemed to be necessary and appropriate to further the educational
54 welfare of the pupils involved.
55 S 7. This act shall take effect on the one hundred eightieth day next
56 succeeding the date on which it shall have become a law.

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Last Updated: September 23, 2009