Int. No. 660-A

By Council Members Dinowitz, Louis, Riley, Stevens, Hanif, Velázquez, Brewer, Ung, Farías, Sanchez, Lee, Won, Gutiérrez, Mealy, Feliz, Ayala, Williams, Krishnan, Abreu, Cabán, Holden, Barron, Menin, Narcisse, Brannan, Rivera, Gennaro, Carr, Borelli, Paladino and Vernikov

A Local Law to amend the administrative code of the city of New York, in relation to establishing a program to provide transition services for students with disabilities entering higher education

Be it enacted by the Council as follows:

Section 1. Chapter 10 of title 23 of the administrative code of the city of New York is amended by adding a new section 23-1005 to read as follows:

§ 23-1005 Transition services for students with disabilities entering higher education. a. Definitions. For purposes of this section, the following terms have the following meanings:

Accommodation. The term “accommodation” means an adjustment or a modification that enables a student at an institution of higher education with a documented disability to participate as fully as possible in such institution, including, but not limited to, recording lectures or extended time for test-taking.

Higher education. The term “higher education” has the same meaning as is ascribed to such term in subdivision 8 of section 2 of the education law.

Individualized education program. The term “individualized education program” has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations.

Office. The term “office” means the mayor’s office for people with disabilities or any other agency or office designated by the mayor.

Section 504 plan. The term “section 504 plan” means an accommodation plan provided to a student pursuant to section 504 of the rehabilitation act of 1973.

Special education services. The term “special education services” means services that a student receives through an individualized education program or a section 504 plan.

Student advocate. The term “student advocate” means an advocate designated by the office who provides information and support to students regarding obtaining accommodations at institutions of higher education, and who shall not be a pedagogical employee of the department of education.

Student with a disability. The term “student with a disability” means a student of a New York city public high school who receives special education services.

b. Program established. The office, in consultation with the department of education and relevant stakeholders, shall develop and manage a program, consistent with any applicable federal, state or local laws, to help advise students about how to obtain accommodations at institutions of higher education. As part of such program, the office shall:

1. In consultation with relevant agencies, develop and implement a system to facilitate the electronic sharing of information about such students’ special education services by the department of education with institutions of higher education, for which sharing the department of education shall have obtained any consent required by federal, state or local law. Such system shall allow a student, a student’s parent or a student’s person in parental relation, as defined in subdivision 10 of section 2 of the education law, to provide consent for the department of education to share such information;

2. Utilize student advocates to assist such students;

3. Post information on its website about how to obtain accommodations at institutions of higher education; and

4. Ensure such program complies with any applicable federal, state or local laws, including, but not limited to, those related to the education and privacy of such students.

c. Outreach. Not later than 30 days after the effective date of the local law that added this section, and continuing thereafter, the office, in consultation with relevant agencies and stakeholders, shall conduct culturally appropriate outreach on the program established by subdivision b of this section. Such outreach shall include, but need not be limited to, the following:

1. Creating a webpage that provides current information, made available in the designated citywide languages as defined in section 23-1101, regarding such program, including, but not limited to, a description of such program, contact information, eligibility information, and information about how to participate;

2. Provide culturally appropriate outreach materials regarding such program to the department of education for distribution to each student with a disability who will be graduating from high school in the current school year and such student’s parent or person in parental relation; and

3. Collaborating with relevant agencies and stakeholders to enhance awareness of such program, including, but not limited to, posting culturally appropriate information about such program on the websites of such agencies and stakeholders.

d. Reporting. 1. No later than one year after the effective date of the local law that added this section, and annually thereafter, the office shall report on the program established by subdivision b of this section to the mayor and the speaker of the council and post such report on the office’s website. Such annual reports shall include, but need not be limited to, the following information for the previous year:

(a) The number of students who participated in such program, to the extent known;

(b) A description of the assistance that such program provided such students;

(c) A description of the system established pursuant to paragraph 1 of subdivision b of this section;

(d) A description of the duties of student advocates; and

(e) An evaluation of the outreach required by subdivision c of this section, including, but not limited to, recommendations to improve such outreach, recommendations to improve utilization of such program and any resources needed to implement such recommendations.

2. No information that is required to be reported pursuant to this subdivision shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information.

§ 2. This local law takes effect 180 days after it becomes law.

NLB/CY

LS #7927

1/11/2023 9:15p