Bill > A07799

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 preparing to transition to adult care services. Specifically, the bill requires that when the state office determines a person can be appropriately placed in an adult care facility, they must notify the person, their guardian, or a representative in writing about the proposed new placement and provide an administrative appeal process. If the person or their representative requests a hearing within 30 days, the office must schedule a hearing and provide a written determination within 30 days of the hearing's conclusion. The bill also adds a new provision that if the office offers placement to a person before they lose their right to a Free and Appropriate Public Education (FAPE), the person will not be required to prematurely end their educational program. This ensures that individuals with disabilities have a clear process for reviewing and challenging proposed care transitions and protects their educational rights during the transition period.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/A7799