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Bill

A 9385

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

2025 Regular Session Introduced by Robert Carroll and 16 co-sponsors

Extends due process protections and access to evaluations, services, and dispute resolution for students with disabilities in non-public schools.

PRINT NUMBER 9385A
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Bill Summary · A 9385

Bill overview

  • Bill: A 9385
  • Session: 2025-2026
  • Jurisdiction: New York
  • Title: Relates to due process rights for non-public school students with special needs
  • Primary focus: Clarifies and extends due process rights for students with special needs who attend non-public (private) schools, aiming to ensure appropriate evaluations, services, and enrollment considerations consistent with state special education law.

Objective and intent

  • Ensure students with disabilities who attend non-public schools receive due process protections and access to appropriate services.
  • Align non-public school special education rights with the expectations and procedures that typically apply to public school settings.
  • Improve transparency and accountability in how evaluations, eligibility determinations, and service provisions are handled for non-public school students with special needs.

Key provisions and changes (as proposed)

  • Due process protections: Establish or reinforce process rights for parents and students in non-public school settings, potentially including notice requirements, timelines, and avenues for dispute resolution.
  • Evaluations and eligibility: Provisions governing initial and triennial evaluations, eligibility determinations for services, and the involvement of appropriate professionals to determine the student's needs within the non-public school context.
  • Service provision and coordination: Clarify how special education services (instructional supports, therapies, accommodations, and related services) are to be provided or funded for non-public school students, including responsibilities of districts and the mechanism for securing services.
  • Dispute resolution: Strengthen or specify procedures for resolving disagreements between families and school districts regarding evaluations, eligibility, or services, potentially including impartial hearing processes or mediation.
  • Compliance and oversight: Add or modify reporting, monitoring, or accountability measures to ensure non-public school settings comply with due process rights and service requirements.

(Note: The summary reflects typical elements of legislation addressing due process and services for non-public school students with disabilities. The exact statutory language would detail the precise steps, timelines, and authorities involved.)

Who would be affected

  • Students with disabilities who are enrolled in non-public (private) schools who are or may be eligible for special education services.
  • Parents or guardians seeking evaluations, services, or dispute resolution under state special education law for their non-public school-enrolled children.
  • Local school districts and preschool or school-based service providers responsible for evaluating and delivering or funding services to non-public school students with disabilities.
  • School district administrative bodies and possibly the New York State Education Department, in terms of policy, oversight, and enforcement.

Procedural and timeline considerations

  • The bill likely modifies or codifies timelines for evaluations, eligibility determinations, and service provision in non-public settings.
  • It may establish or clarify dispute resolution timelines (e.g., timelines for hearings, mediations, or resolutions of due process complaints).
  • Printing and amendments: The bill advanced through Education committee actions and was amended and recommitted (as of May 7, 2026) and has an amended print version (A 9385A), indicating potential refinements to the original language.

Status and actions

  • Referred to: Education (initial referrals in January and December 2025)
  • Latest actions: Amended and recommitted to Education on May 7, 2026; amended print version issued (A 9385A) on the same day, suggesting ongoing committee consideration and potential further changes.

Potential impact

  • Enhanced consistency between public and non-public school settings regarding due process for students with disabilities.
  • Increased opportunities for timely evaluations and appropriate services for non-public school students.
  • Greater accountability for districts in delivering services and resolving disputes related to special education needs in non-public contexts.
  • Implications for funding, service delivery models, and administrative workload for school districts and the state education department.

If you would like, I can tailor this summary to emphasize specific procedural details once the final enacted language or a more complete bill text is available.

Compiled from official sources — confirm details with the bill’s official record.

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