Bill > S03558

This bill amends the New York Mental Hygiene Law to establish due process procedures for individuals with disabilities who are currently in out-of-state residential schools and are being transitioned to adult care services. Specifically, the bill requires the state office to provide written notification to the person, their guardian, or a representative when determining a new placement in an adult care facility. The notification must describe the proposed placement and inform the individual of their right to request an administrative appeal within 30 days. If an appeal is requested, a hearing will be scheduled with at least 10 days' notice, and the commissioner must issue a written determination within 30 days of the hearing's conclusion. The bill also includes a key protection that if the office offers a placement before a person's Free and Appropriate Public Education (FAPE) rights expire, they will not be required to prematurely end their educational program. This ensures that individuals with disabilities have a clear process for challenging placement decisions and are not forced to transition before they are ready.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/S3558