|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| May 18, 2012 |
referred to education |
Assembly Bill A10290
2011-2012 Legislative Session
Relates to mandate relief for school districts and other educational entities; repealer
download bill text pdfSponsored By
NOLAN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-A10290 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6688
- Current Committee:
- Assembly Education
- Law Section:
- Education Law
- Laws Affected:
- Rpld §3641 sub 4 ¶d, §1950 sub 17, §4402 sub 1 ¶b sub¶ 3 cl h, sub 1 ¶b sub¶ 1 cl (d), sub 1 ¶b sub¶ 3 cl (d-2), §4403 sub 18, amd Ed L, generally; amd §103, Gen Muni L; amd §6-0107, En Con L; amd §375, V & T L; rpld §353 sub 15, Exec L
2011-A10290 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10290
I N A S S E M B L Y
May 18, 2012
___________
Introduced by M. of A. NOLAN -- (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 establishing Earth
day; to amend the education law, in relation to mandate relief for
school districts and certain other educational entities; to amend the
education law, in relation to removing references to subcommittees on
special education; to amend the education law, in relation to the
provision of special education programs and services to students
parentally placed in non-public schools through dual enrollment in the
public schools; to amend the education law, in relation to eliminating
the requirement that the commissioner of education make appointments
to the state-supported schools; to amend the education law, in
relation to the committee on special education membership require-
ments; to amend the education law, in relation to eliminating the
requirement for written parental consent prior to initial placement of
a student with a disability in a July/August program; to amend the
education law, in relation to transportation of students with disabil-
ities parentally placed in a private school; to amend the education
law, in relation to establishing that all school districts are
approved evaluators of preschool students suspected of having a disa-
bility; to amend the education law, in relation to the statute of
limitations for special education due process hearings; to amend the
education law relating to committee on preschool special education
membership; to amend the education law, in relation to the selection
of a preschool evaluator; to amend the education law, in relation to
referrals to state adult service agencies for certain students with
disabilities who have reached the age of 18; to amend the general
municipal law, in relation to school districts or board of cooperative
educational services option to purchase goods and services; to amend
the general municipal law, in relation to authorizing award of
contracts for goods or services on the basis of better value; to amend
the environmental conservation law, in relation to state smart growth
public infrastructure criteria; to amend the vehicle and traffic law,
in relation to school omnibus signs complying with federal motor vehi-
cle safety standards; to repeal paragraph d of subdivision 4 of
section 3641 of the education law relating to special apportionments
to school districts; to repeal subdivision 15 of section 353 of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14285-01-2
A. 10290 2
executive law relating to the duties of the director of the division
of veterans' affairs; to repeal subdivision 17 of section 1950 of the
education law relating to board of cooperative educational services
special education space plans; to repeal clause (h) of subparagraph 3
of paragraph b of subdivision 1 of section 4402 of the education law
relating to reports on certain children of Vietnam veterans; to repeal
clause (d) of subparagraph 1 of paragraph b of subdivision 1 of
section 4402 of the education law relating to subcommittees on special
education; to repeal clause (d-2) of subparagraph 3 of paragraph b of
subdivision 1 of section 4402 of the education law relating to the
requirement that boards of education develop plans and policies for
appropriate declassification of students with disabilities; and to
repeal subdivision 18 of section 4403 of the education law relating to
commissioner approval of certain early intervention programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 810 of the education law, as amended by chapter 616
of the laws of 1969 and subdivision 1 as amended by chapter 96 of the
laws of 1978, is amended to read as follows:
S 810. [Conservation] EARTH day. [1. The last Friday in April each
year is hereby made and declared to be known as Conservation day, and
observed in accordance with the provisions of this chapter, except that
for the year nineteen hundred seventy-eight, Conservation day shall be
May third.
2. It shall be the duty of the authorities of every public school in
this state to assemble the pupils in their charge on that day in the
school building, or elsewhere, as they may deem proper, and to provide
for and conduct (1) such exercises as shall tend to encourage the plant-
ing, protection and preservation of trees and shrubs, and an acquaint-
ance with the best methods to be adopted to accomplish such results, and
(2) such lectures, pictures or tours, as shall tend to increase the
interest and knowledge of such pupils in the fish and wild life, soil
and water of the state.
3. The commissioner of education may prescribe from time to time a
course of exercises and instruction in the subjects hereinbefore
mentioned, which shall be adopted and observed by the public school
authorities on Conservation day. Upon receipt of copies of such course
sufficient in number to supply all the schools under their supervision,
the school authorities aforesaid shall promptly provide each of the
schools under their charge with a copy, and cause it to be observed]
ANNUALLY, IT SHALL BE THE DUTY OF THE AUTHORITIES OF EVERY PUBLIC SCHOOL
IN THIS STATE TO OBSERVE EARTH DAY AS THEY MAY DEEM PROPER AND TO
ENCOURAGE INSTRUCTION ON THE EARTH'S NATURAL ENVIRONMENT AS APPROPRIATE.
S 2. Subdivision 4 of section 1950 of the education law is amended by
adding a new paragraph oo to read as follows:
OO. AT THE REQUEST OF ONE OR MORE SCHOOL DISTRICTS, CONTRACT FOR THE
PROCUREMENT OF TELECOMMUNICATIONS EQUIPMENT ON BEHALF OF SUCH SCHOOL
DISTRICTS, SUBJECT TO THE REQUIREMENTS OF SECTION ONE HUNDRED THREE AND
SECTION ONE HUNDRED FOUR-B OF THE GENERAL MUNICIPAL LAW, PROVIDED THAT
THE COSTS OF SUCH CONTRACTS SHALL BE ELIGIBLE FOR AID PURSUANT TO SUBDI-
VISION FIVE OF THIS SECTION IF APPROVED BY THE COMMISSIONER AS AN AIDA-
BLE SHARED SERVICE UPON REQUEST OF TWO OR MORE COMPONENT SCHOOL
DISTRICTS.
A. 10290 3
S 3. Section 3035 of the education law is amended by adding a new
subdivision 3-b to read as follows:
3-B. UPON REQUEST FROM A PROSPECTIVE EMPLOYEE WHO HAS BEEN CLEARED BY
THE COMMISSIONER OF MOTOR VEHICLES PURSUANT TO SECTION FIVE HUNDRED
NINE-CC OR SECTION TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAF-
FIC LAW, THE DEPARTMENT OF MOTOR VEHICLES SHALL BE AUTHORIZED TO FORWARD
A COPY OF SUCH INDIVIDUAL'S CRIMINAL HISTORY RECORD AND SUCH INDIVID-
UAL'S FINGERPRINTS TO THE COMMISSIONER FOR PURPOSES OF CONDUCTING A
CRIMINAL HISTORY RECORD CHECK PURSUANT TO THIS SECTION. FURTHERMORE,
UPON NOTIFICATION THAT SUCH PROSPECTIVE EMPLOYEE HAS BEEN CLEARED FOR
EMPLOYMENT BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL HAVE THE AUTHORITY TO PROVIDE SUBSEQUENT
CRIMINAL HISTORY NOTIFICATIONS DIRECTLY TO THE COMMISSIONER.
S 4. Paragraph d of subdivision 4 of section 3641 of the education law
is REPEALED.
S 5. Paragraph a of subdivision 14 of section 305 of the education
law, as amended by section 1 of chapter 273 of the laws of 1999, is
amended to read as follows:
a. All contracts for the transportation of school children, all
contracts to maintain school buses owned or leased by a school district
that are used for the transportation of school children, all contracts
for mobile instructional units, and all contracts to provide, maintain
and operate cafeteria or restaurant service by a private food service
management company shall be subject to the approval of the commissioner,
who may disapprove a proposed contract if, in his opinion, the best
interests of the district will be promoted thereby. Except as provided
in paragraph e of this subdivision, all such contracts involving an
annual expenditure in excess of the amount specified for purchase
contracts in the bidding requirements of the general municipal law shall
be awarded to the lowest responsible bidder, which responsibility shall
be determined by the board of education or the trustee of a district,
with power hereby vested in the commissioner to reject any or all bids
if, in his opinion, the best interests of the district will be promoted
thereby and, upon such rejection of all bids, the commissioner shall
order the board of education or trustee of the district to seek, obtain
and consider new proposals. All proposals for such transportation, main-
tenance, mobile instructional units, or cafeteria and restaurant service
shall be in such form as the commissioner may prescribe. Advertisement
for bids shall be published in a newspaper or newspapers designated by
the board of education or trustee of the district having general circu-
lation within the district for such purpose OR IN THE STATE'S PROCURE-
MENT OPPORTUNITIES NEWSLETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE
ECONOMIC DEVELOPMENT LAW. Such advertisement shall contain a statement
of the time when and place where all bids received pursuant to such
advertisement will be publicly opened and read either by the school
authorities or by a person or persons designated by them. All bids
received shall be publicly opened and read at the time and place so
specified. At least five days shall elapse between the first publication
of such advertisement and the date so specified for the opening and
reading of bids. The requirement for competitive bidding shall not apply
to an award of a contract for the transportation of pupils or a contract
for mobile instructional units OR THE PROVISION, MAINTENANCE AND OPERA-
TION OF CAFETERIA OR RESTAURANT SERVICE, if such award is based on an
evaluation of proposals in response to a request for proposals pursuant
to paragraph e of this subdivision. The requirement for competitive
bidding shall not apply to annual, biennial, or triennial extensions of
A. 10290 4
a contract nor shall the requirement for competitive bidding apply to
quadrennial or quinquennial year extensions of a contract involving
transportation of pupils, maintenance of school buses or mobile instruc-
tional units secured either through competitive bidding or through eval-
uation of proposals in response to a request for proposals pursuant to
paragraph e of this subdivision, when such extensions (1) are made by
the board of education or the trustee of a district, under rules and
regulations prescribed by the commissioner, and, (2) do not extend the
original contract period beyond five years from the date cafeteria and
restaurant service commenced thereunder and in the case of contracts for
the transportation of pupils, for the maintenance of school buses or for
mobile instructional units, that such contracts may be extended, except
that power is hereby vested in the commissioner, in addition to his
existing statutory authority to approve or disapprove transportation or
maintenance contracts, (i) to reject any extension of a contract beyond
the initial term thereof if he finds that amount to be paid by the
district to the contractor in any year of such proposed extension fails
to reflect any decrease in the regional consumer price index for the
N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban
consumers (CPI-U) during the preceding twelve month period; and (ii) to
reject any extension of a contract after ten years from the date trans-
portation or maintenance service commenced thereunder, or mobile
instructional units were first provided, if in his opinion, the best
interests of the district will be promoted thereby. Upon such rejection
of any proposed extension, the commissioner may order the board of
education or trustee of the district to seek, obtain and consider bids
pursuant to the provisions of this section. The board of education or
the trustee of a school district electing to extend a contract as
provided herein, may, in its discretion, increase the amount to be paid
in each year of the contract extension by an amount not to exceed the
regional consumer price index increase for the N.Y., N.Y.-Northeastern,
N.J. area, based upon the index for all urban consumers (CPI-U), during
the preceding twelve month period, provided it has been satisfactorily
established by the contractor that there has been at least an equivalent
increase in the amount of his cost of operation, during the period of
the contract.
S 5-a. Paragraph a of subdivision 14 of section 305 of the education
law, as amended by section 2 of chapter 273 of the laws of 1999, is
amended to read as follows:
a. All contracts for the transportation of school children, all
contracts to maintain school buses owned or leased by a school district
that are used for the transportation of school children, all contracts
for mobile instructional units, and all contracts to provide, maintain
and operate cafeteria or restaurant service by a private food service
management company shall be subject to the approval of the commissioner,
who may disapprove a proposed contract if, in his opinion, the best
interests of the district will be promoted thereby. All such contracts
involving an annual expenditure in excess of the amount specified for
purchase contracts in the bidding requirements of the general municipal
law shall be awarded to the lowest responsible bidder, which responsi-
bility shall be determined by the board of education or the trustee of a
district, with power hereby vested in the commissioner to reject any or
all bids if, in his opinion, the best interests of the district will be
promoted thereby and, upon such rejection of all bids, the commissioner
shall order the board of education or trustee of the district to seek,
obtain and consider new proposals. All proposals for such transporta-
A. 10290 5
tion, maintenance, mobile instructional units, or cafeteria and restau-
rant service shall be in such form as the commissioner may prescribe.
Advertisement for bids shall be published in a newspaper or newspapers
designated by the board of education or trustee of the district having
general circulation within the district for such purpose OR IN THE
STATE'S PROCUREMENT OPPORTUNITIES NEWSLETTER IN ACCORDANCE WITH ARTICLE
FOUR-C OF THE ECONOMIC DEVELOPMENT LAW. Such advertisement shall
contain a statement of the time when and place where all bids received
pursuant to such advertisement will be publicly opened and read either
by the school authorities or by a person or persons designated by them.
All bids received shall be publicly opened and read at the time and
place so specified. At least five days shall elapse between the first
publication of such advertisement and the date so specified for the
opening and reading of bids. The requirement for competitive bidding
shall not apply to annual, biennial, or triennial extensions of a
contract nor shall the requirement for competitive bidding apply to
quadrennial or quinquennial year extensions of a contract involving
transportation of pupils, maintenance of school buses or mobile instruc-
tional units OR THE PROVISION, MAINTENANCE AND OPERATION OF CAFETERIA OR
RESTAURANT SERVICE secured through competitive bidding when such exten-
sions (1) are made by the board of education or the trustee of a
district, under rules and regulations prescribed by the commissioner,
and, (2) do not extend the original contract period beyond five years
from the date cafeteria and restaurant service commenced thereunder and
in the case of contracts for the transportation of pupils, for the main-
tenance of school buses or for mobile instructional units, that such
contracts may be extended, except that power is hereby vested in the
commissioner, in addition to his existing statutory authority to approve
or disapprove transportation or maintenance contracts, (i) to reject any
extension of a contract beyond the initial term thereof if he finds that
amount to be paid by the district to the contractor in any year of such
proposed extension fails to reflect any decrease in the regional consum-
er price index for the N.Y., N.Y.-Northeastern, N.J. area, based upon
the index for all urban consumers (CPI-U) during the preceding twelve
month period; and (ii) to reject any extension of a contract after ten
years from the date transportation or maintenance service commenced
thereunder, or mobile instructional units were first provided, if in his
opinion, the best interests of the district will be promoted thereby.
Upon such rejection of any proposed extension, the commissioner may
order the board of education or trustee of the district to seek, obtain
and consider bids pursuant to the provisions of this section. The board
of education or the trustee of a school district electing to extend a
contract as provided herein, may, in its discretion, increase the amount
to be paid in each year of the contract extension by an amount not to
exceed the regional consumer price index increase for the N.Y.,
N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
ers (CPI-U), during the preceding twelve month period, provided it has
been satisfactorily established by the contractor that there has been at
least an equivalent increase in the amount of his cost of operation,
during the period of the contract.
S 6. Paragraph e of subdivision 14 of section 305 of the education
law, as amended by chapter 464 of the laws of 1997, is amended to read
as follows:
e. Notwithstanding the provisions of any general, special or local law
or charter, a board of education or a trustee of a district, pursuant to
rules and regulations promulgated by the commissioner, may award a
A. 10290 6
contract for the transportation of pupils or a contract for mobile
instructional units OR FOR THE PROVISION, MAINTENANCE AND OPERATION OF
CAFETERIA OR RESTAURANT SERVICE BY A PRIVATE FOOD SERVICE MANAGEMENT
COMPANY involving an annual expenditure in excess of the amount speci-
fied for purchase contracts in the bidding requirements of the general
municipal law in compliance with the provisions of paragraph a of this
subdivision or subsequent to an evaluation of proposals submitted in
response to a request for proposals prepared by or for the board of
education or trustee of a district. A CONTRACT AWARDED THROUGH A REQUEST
FOR PROPOSALS SHALL BE AWARDED BASED ON BEST VALUE IN ACCORDANCE WITH
SUBDIVISION ONE-C OF SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL
LAW. The commissioner, in addition to his existing statutory authority
to approve or disapprove transportation contracts, may reject any award
of a transportation contract or a contract for mobile instructional
units that is based on an evaluation of proposals submitted in response
to a request for proposals if he finds that (1) the contractor is not
the most responsive to the request for proposals, or (2) that the best
interests of the district will be promoted thereby.
S 7. Subdivision 14 of section 305 of the education law is amended by
adding a new paragraph g to read as follows:
G. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, SECTION ONE
HUNDRED THREE OF THE GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF
LAW TO THE CONTRARY, THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER
INTO A PIGGYBACK CONTRACT WITH ANOTHER SCHOOL DISTRICT THAT TRANSPORTS
STUDENTS PURSUANT TO A CONTRACT WITH A PRIVATE TRANSPORTATION CONTRAC-
TOR, PROVIDED THAT THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE
AND ENTRY INTO A PIGGYBACK CONTRACT WILL RESULT IN A COST SAVINGS TO THE
SCHOOL DISTRICT. FOR PURPOSES OF THIS PARAGRAPH, A "PIGGYBACK CONTRACT"
MEANS A CONTRACT FOR THE TRANSPORTATION OF STUDENTS THAT: (I) PROVIDES
TRANSPORTATION TO A LOCATION OUTSIDE THE STUDENTS' SCHOOL DISTRICT OF
RESIDENCE TO WHICH ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANS-
PORTATION TO ITS OWN STUDENTS THROUGH AN EXISTING CONTRACT WITH A
PRIVATE TRANSPORTATION CONTRACTOR, OTHER THAN A COOPERATIVELY BID
CONTRACT; (II) IS ENTERED INTO BY THE PRIVATE TRANSPORTATION CONTRACTOR
AND EACH SCHOOL DISTRICT INVOLVED; AND (III) PROVIDES FOR TRANSPORTATION
IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTA-
TION CONTRACT.
S 8. Subdivision 1-b of section 103 of the general municipal law, as
added by section 4 of subpart A of part C of chapter 97 of the laws of
2011, is amended read as follows:
1-b. A political subdivision or any district therein shall have the
option of purchasing information technology and telecommunications hard-
ware, software and professional services through cooperative purchasing
permissible pursuant to federal general services administration informa-
tion technology schedule seventy or any successor schedule. A political
subdivision or any district therein that purchases through general
services administration schedule seventy, information technology and
consolidated schedule contracts shall comply with federal schedule
ordering procedures as provided in federal acquisition regulation
8.405-1 or 8.405-2 or successor regulations, whichever is applicable.
Adherence to such procedures shall constitute compliance with the
competitive bidding requirements under this section. IN ADDITION, A
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL HAVE
THE OPTION OF PURCHASING OTHER GOODS OR SERVICES THROUGH COOPERATIVE
PURCHASING PERMISSIBLE PURSUANT TO A GENERAL SERVICES ADMINISTRATION
CONTRACT. A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
A. 10290 7
THAT PURCHASES OTHER SERVICES THROUGH GENERAL SERVICE ADMINISTRATION
CONTRACTS SHALL COMPLY WITH THE APPLICABLE FEDERAL SCHEDULE ORDERING
PROCEDURES AS PROVIDED IN THE FEDERAL ACQUISITION REGULATIONS AS APPLI-
CABLE.
S 9. Section 103 of the general municipal law is amended by adding a
new subdivision 1-c to read as follows:
1-C. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE
CONTRARY, THE TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY DETERMINE THAT IT IS IN
THE BEST INTEREST OF THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES TO ADOPT A POLICY AUTHORIZING THE AWARD OF CONTRACTS FOR
SERVICES ON THE BASIS OF BEST VALUE AS DEFINED IN SECTION ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW TO RESPONSIVE AND RESPONSIBLE
OFFERS. SUCH A CONTRACT FOR SERVICES MAY BE AWARDED ON THE BASIS OF BEST
VALUE PROVIDED THAT THE CONTRACTING PROCESS AND AWARD SHALL COMPLY WITH
THE GUIDELINES ESTABLISHED UNDER SECTION ONE HUNDRED SIXTY-THREE OF THE
STATE FINANCE LAW BY THE STATE PROCUREMENT COUNCIL. ANY PROCUREMENT
MADE UNDER THIS SUBDIVISION SHALL BE APPROVED BY THE TRUSTEES OR BOARD
OF EDUCATION OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AS APPLICA-
BLE. THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO CONTRACTS
SUBJECT TO THE PROVISIONS OF SUBDIVISION FOURTEEN OF SECTION THREE
HUNDRED FIVE OF THE EDUCATION LAW, TO THE EXTENT PROVIDED IN SUCH SUBDI-
VISION FOURTEEN OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW.
S 10. Subdivision 2 of section 103 of the general municipal law, as
amended by section 4 of chapter 608 of the laws of 2011, is amended to
read as follows:
2. Advertisement for bids and offers shall be published in the offi-
cial newspaper or newspapers, if any, or otherwise in a newspaper or
newspapers designated for such purpose OR IN THE STATE'S PROCUREMENT
OPPORTUNITIES NEWSLETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE
ECONOMIC DEVELOPMENT LAW. Such advertisement shall contain a statement
of the time when and place where all bids received pursuant to such
notice will be publicly opened and read and where the identity of all
offerers will be publicly disclosed, and the designation of the receiv-
ing device if the political subdivision or district has authorized the
receipt of bids and offers in an electronic format. Such board or agency
may by resolution designate any officer or employee to open the bids and
offers at the time and place specified in the notice. Such designee
shall make a record of such bids and offers in such form and detail as
the board or agency shall prescribe and present the same at the next
regular or special meeting of such board or agency. All bids received
shall be publicly opened and read at the time and place so specified and
the identity of all offerers shall be publicly disclosed at the time and
place so specified. At least five days shall elapse between the first
publication of such advertisement and the date so specified for the
opening and reading of bids and offers.
S 10-a. Subdivision 2 of section 103 of the general municipal law, as
amended by section 5 of chapter 608 of the laws of 2011, is amended to
read as follows:
2. Advertisement for bids and offers shall be published in the offi-
cial newspaper or newspapers, if any, or otherwise in a newspaper or
newspapers designated for such purpose OR IN THE STATE'S PROCUREMENT
OPPORTUNITIES NEWSLETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE
ECONOMIC DEVELOPMENT LAW. Such advertisement shall contain a statement
of the time when and place where all bids received pursuant to such
notice will be publicly opened and read and where the identity of all
A. 10290 8
offerers will be publicly disclosed. Such board or agency may by resol-
ution designate any officer or employee to open the bids and offers at
the time and place specified in the notice. Such designee shall make a
record of such bids and offers in such form and detail as the board or
agency shall prescribe and present the same at the next regular or
special meeting of such board or agency. All bids received shall be
publicly opened and read at the time and place so specified and the
identity of all offerers shall be publicly disclosed at the time and
place so specified. At least five days shall elapse between the first
publication of such advertisement and the date so specified for the
opening and reading of bids and offers.
S 11. Subdivision 1 of section 6-0107 of the environmental conserva-
tion law, as added by chapter 433 of the laws of 2010, is amended to
read as follows:
1. In addition to meeting other criteria and requirements of law
governing approval, development, financing and state aid for the
construction of new or expanded public infrastructure or the recon-
struction thereof, no state infrastructure agency shall approve, under-
take, support or finance a public infrastructure project, including
providing grants, awards, loans or assistance programs, unless, to the
extent practicable, it is consistent with the relevant criteria speci-
fied in subdivision two of this section. NOTWITHSTANDING THE PROVISIONS
OF THIS SUBDIVISION OR ANY OTHER PROVISION OF THIS ARTICLE TO THE
CONTRARY, PROJECTS FOR THE RECONSTRUCTION, RENOVATION, REPAIR OR
IMPROVEMENT OF EXISTING PUBLIC SCHOOL FACILITIES OR EXISTING LIBRARY
FACILITIES, AND PROJECTS FOR THE CONSTRUCTION OF NEW OR EXPANDED PUBLIC
SCHOOL OR LIBRARY FACILITIES IN CITIES HAVING A POPULATION OF ONE
HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR MORE, SHALL NOT BE DEEMED
PUBLIC INFRASTRUCTURE PROJECTS SUBJECT TO THE REQUIREMENTS OF THIS ARTI-
CLE.
S 12. Subparagraph 1 of paragraph (b) and paragraphs (c) and (d) of
subdivision 20 of section 375 of the vehicle and traffic law, subpara-
graph 1 of paragraph (b) as amended by chapter 242 of the laws of 1992,
paragraph (c) as amended by chapter 96 of the laws of 1973 and paragraph
(d) as amended by chapter 567 of the laws of 1985, are amended to read
as follows:
(1) In addition to such signal lamps, two signs shall be conspicuously
displayed on the exterior of every such omnibus designating it as a
school omnibus by the use of the words "SCHOOL BUS" which shall be
painted or otherwise inscribed thereon in black letters. Such letters
shall be of uniform size, at least eight inches in height, and each
stroke of each letter shall be not less than one inch in width. The
background of each such sign shall be painted [the color known as
"national school bus chrome"] ON A BACKGROUND OF RETRO REFLECTIVE
NATIONAL SCHOOL BUS YELLOW MATERIAL. THE MATERIAL SHALL BE THE SAME
QUALITY AND TYPE AS FEDERAL MOTOR VEHICLE SAFETY STANDARDS REQUIRES FOR
THE MARKING OF EMERGENCY EXITS. For each such omnibus having a seating
capacity in excess of fifteen children, such signs shall be securely
mounted on top of such vehicle, one of which shall be affixed on the
front and one on the rear thereof. For each such omnibus having a seat-
ing capacity of not more than fifteen children, such signs shall be
securely mounted on top of such vehicle, one of which shall face the
front and one of which shall face the rear thereof. Each such sign shall
be visible and readable from a point at least two hundred feet distant.
(c) [In the event such vehicle is operated on a public highway during
the period between one-half hour after sunset and one-half hour before
A. 10290 9
sunrise, the signs required by paragraph (b) of this subdivision shall
be illuminated as to be visible from a point at least five hundred feet
distant.
(d)] Every such omnibus shall be equipped as provided in paragraphs
(a) and (b) of this subdivision, [and such signs shall be displayed and
illuminated in accordance with paragraphs (b) and (c) of this subdivi-
sion,] and such signal lamps shall be operated as provided in paragraph
(a) of this subdivision at all times when such omnibus shall be engaged
in transporting pupils to and from school or school activities or in
transporting children to and from child care centers maintained for
children of migrant farm and food processing laborers, or in transport-
ing children to and from camp or camp activities or transporting chil-
dren to and from religious services or instruction or transporting
persons with disabilities on any such omnibus used by any state facility
or not-for-profit agency licensed by the state.
S 13. Subdivision 15 of section 353 of the executive law is REPEALED.
S 14. The commissioner of education, in consultation with the office
of the state comptroller, shall conduct a study of the feasibility and
desirability of authorizing school districts and boards of cooperative
educational services to enter national credit card contracts as a cost-
saving measure, with appropriate safeguards. The commissioner shall
submit a report to the board of regents, the governor and the legisla-
ture by no later than January fifteenth, two thousand thirteen, with
recommendations on whether and under what conditions such credit card
contracts should be authorized and identifying any legislative or regu-
latory changes that would be needed to authorize such credit card
contracts.
S 15. Subdivision 17 of section 1950 of the education law is REPEALED.
S 16. Section 2215 of the education law is amended by adding a new
subdivision 17 to read as follows:
17. TO DETERMINE THE ADEQUACY AND APPROPRIATENESS OF THE FACILITIES
SPACE AVAILABLE TO HOUSE SPECIAL EDUCATION PROGRAMS IN THE GEOGRAPHIC
AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CONSISTENT
WITH THE LEAST RESTRICTIVE ENVIRONMENT REQUIREMENT AND TO ENSURE THE
STABILITY AND CONTINUITY OF PROGRAM PLACEMENTS FOR STUDENTS WITH DISA-
BILITIES, INCLUDING PROCEDURES THAT ENSURE THAT SPECIAL EDUCATION
PROGRAMS AND SERVICES LOCATED IN APPROPRIATE FACILITIES WILL NOT BE
RELOCATED WITHOUT ADEQUATE CONSIDERATION OF THE NEEDS OF PARTICIPATING
STUDENTS WITH DISABILITIES.
S 17. Subparagraph 2 of paragraph (b) of subdivision 4 of section
2590-b of the education law, as amended by chapter 345 of the laws of
2009, is amended to read as follows:
(2) advise and comment on the process of establishing committees
[and/or subcommittees] on special education in community school
districts pursuant to section forty-four hundred two of this chapter;
S 18. Paragraph (a) of subdivision 4 of section 2853 of the education
law, as amended by chapter 378 of the laws of 2007, is amended to read
as follows:
(a) For purposes of sections seven hundred one, seven hundred eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter school shall be deemed a nonpublic school in the school district
within which the charter school is located. Special education programs
and services shall be provided to students with a disability attending a
charter school in accordance with the individualized education program
recommended by the committee [or subcommittee] on special education of
the student's school district of residence. The charter school may
A. 10290 10
arrange to have such services provided by such school district of resi-
dence or by the charter school directly or by contract with another
provider. Where the charter school arranges to have the school district
of residence provide such special education programs or services, such
school district shall provide services in the same manner as it serves
students with disabilities in other public schools in the school
district, including the provision of supplementary and related services
on site to the same extent to which it has a policy or practice of
providing such services on the site of such other public schools.
S 18-a. Paragraph (a) of subdivision 4 of section 2853 of the educa-
tion law, as added by chapter 4 of the laws of 1998, is amended to read
as follows:
(a) For purposes of sections seven hundred one, seven hundred eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter school shall be deemed a nonpublic school in the school district
within which the charter school is located. Special education programs
and services shall be provided to students with a disability attending a
charter school in accordance with the individualized education program
recommended by the committee [or subcommittee] on special education of
the student's school district of residence. The charter school may
arrange to have such services provided by such school district of resi-
dence or by the charter school directly or by contract with another
provider.
S 19. Paragraph a of subdivision 1 and paragraph a and subparagraph 1
of paragraph b of subdivision 2 of section 3602-c of the education law,
paragraph a of subdivision 1 as amended by chapter 474 of the laws of
2004, paragraph a and subparagraph 1 of paragraph b of subdivision 2 as
amended by chapter 378 of the laws of 2007, are amended and a new para-
graph e is added to subdivision 2 to read as follows:
a. "Services" shall mean instruction in the areas of gifted pupils,
career education and education for students with disabilities, and coun-
seling, psychological and social work services related to such instruc-
tion provided during the regular school year for pupils enrolled in a
nonpublic school located in a school district, INCLUDING SPECIAL EDUCA-
TION PROGRAMS AND RELATED SERVICES AS DEFINED IN SUBDIVISION TWO OF
SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER OTHER THAN AN APPROVED
PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOL FOR THE EDUCATION OF
STUDENTS WITH DISABILITIES, provided that such instruction is given to
pupils enrolled in the public schools of such district. SUCH TERM SHALL
ALSO INCLUDE EDUCATION FOR STUDENTS WITH DISABILITIES ENROLLED IN SUCH A
NONPUBLIC SCHOOL WHICH IS PROVIDED IN JULY AND AUGUST IN ACCORDANCE WITH
PARAGRAPH E OF SUBDIVISION TWO OF THIS SECTION.
a. Boards of education of all school districts of the state shall
furnish services to students who are residents of this state and who
attend nonpublic schools located in such school districts, upon the
written request of the parent or person in parental relation of any such
student. Such a request for career education or services to gifted
students shall be filed with the board of education of the school
district in which the parent or person in parental relation of the
student resides on or before the first day of June preceding the school
year for which the request is made. In the case of education for
students with disabilities, such a request shall be filed with the trus-
tees or board of education of the school district of location on or
before the first of [June] APRIL preceding the school year for which the
request is made[, or by July first, two thousand seven for the two thou-
sand seven--two thousand eight school year only,] FOR THOSE STUDENTS FOR
A. 10290 11
WHOM AN INDIVIDUALIZED EDUCATION SERVICE PROGRAM WAS DEVELOPED AND
IMPLEMENTED PURSUANT TO THIS SECTION PRIOR TO SUCH DATE, AND ON OR
BEFORE THE FIRST OF JUNE PRECEDING THE SCHOOL YEAR FOR WHICH THE REQUEST
IS MADE FOR THOSE STUDENTS WHO WILL BE FIRST RECEIVING EDUCATION FOR
STUDENTS WITH DISABILITIES PURSUANT TO THIS SECTION IN THE SCHOOL YEAR
FOR WHICH THE REQUEST IS MADE OR FOR WHOM AN INDIVIDUALIZED EDUCATION
SERVICE PROGRAM IS FIRST DEVELOPED AND IMPLEMENTED ON OR AFTER APRIL
FIRST AND ON OR BEFORE JUNE FIRST; provided that where a student is
first identified as a student with a disability after the first day of
June preceding the school year for which the request is made, [or thirty
days after the chapter of the laws of two thousand seven which amended
this paragraph, takes effect where applicable, and prior to the first
day of April of such current school year,] such request shall be submit-
ted within thirty days after AN INDIVIDUALIZED EDUCATION SERVICE PROGRAM
IS DEVELOPED FOR such student [is first identified]. [For students first
identified after March first of the current school year, any such
request for education for students with disabilities in the current
school year that is submitted on or after April first of such current
school year, shall be deemed a timely request for such services in the
following school year.]
(1) For the purpose of obtaining education for students with disabili-
ties, as defined in paragraph d of subdivision one of this section, such
request shall be reviewed by the committee on special education of the
school district of location, which shall develop an individualized
education service program for the student based on the student's indi-
vidual needs in the same manner and with the same contents as an indi-
vidualized education program, EXCEPT AS OTHERWISE PROVIDED IN THIS
SUBPARAGRAPH. The committee on special education shall assure that
special education programs and services are made available to students
with disabilities attending nonpublic schools located within the school
district on an equitable basis, as compared to special education
programs and services provided to other students with disabilities
attending public or nonpublic schools located within the school
district, EXCEPT THAT THERE SHALL BE NO ENTITLEMENT UNDER THIS SECTION
TO THE PROVISION OF A SPECIAL CLASS OR INTEGRATED CO-TEACHING SERVICES,
AS SUCH TERMS ARE DEFINED IN THE REGULATIONS OF THE COMMISSIONER, BY THE
SCHOOL DISTRICT OF LOCATION FOR ALL OR PART OF THE SCHOOL DAY. Review
of the recommendation of the committee on special education may be
obtained by the parent or person in parental relation of the pupil
pursuant to the provisions of section forty-four hundred four of this
chapter; PROVIDED THAT A DUE PROCESS COMPLAINT, OTHER THAN A DUE PROCESS
COMPLAINT RELATING TO CHILD FIND REQUIREMENTS BROUGHT PURSUANT TO PARA-
GRAPH C OF THIS SUBDIVISION, SUBMITTED ON OR AFTER SEPTEMBER FIRST, TWO
THOUSAND TWELVE SHALL BE SUBMITTED TO MEDIATION PURSUANT TO SECTION
FORTY-FOUR HUNDRED FOUR-A OF THIS CHAPTER AND AT LEAST ONE MEDIATION
SESSION SHALL BE HELD PRIOR TO MAKING A REQUEST FOR AN IMPARTIAL HEARING
IN ACCORDANCE WITH A TIMELINE PRESCRIBED BY THE COMMISSIONER.
E. A NONPUBLIC SCHOOL STUDENT WHOSE DISABILITY IS SEVERE ENOUGH TO
EXHIBIT THE NEED FOR A STRUCTURED LEARNING ENVIRONMENT OF TWELVE MONTHS
DURATION TO MAINTAIN DEVELOPMENTAL LEVELS SHALL BE ELIGIBLE TO RECEIVE
SPECIAL EDUCATION PROGRAMS AND SERVICES IN JULY AND AUGUST IN ACCORDANCE
WITH THE INDIVIDUALIZED EDUCATION SERVICE PROGRAM DEVELOPED BY THE
COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT OF LOCATION AND
THE PROVISIONS OF SECTION FORTY-FOUR HUNDRED EIGHT OF THIS CHAPTER.
PROVIDED, HOWEVER, THAT DURING A JULY/AUGUST SPECIAL EDUCATION PROGRAM,
A NONPUBLIC SCHOOL STUDENT SHALL NOT BE ENTITLED PURSUANT TO THIS
A. 10290 12
SECTION TO PLACEMENT IN A SPECIAL CLASS OR INTEGRATED CO-TEACHING
SERVICES, AS SUCH TERMS ARE DEFINED IN THE REGULATIONS OF THE COMMIS-
SIONER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
SCHOOL DISTRICT OF LOCATION SHALL BE ELIGIBLE FOR STATE AID FOR SUCH
SERVICES EXCLUSIVELY PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF
THIS CHAPTER.
S 20. Subdivision 7 of section 3602-c of the education law, as amended
by chapter 378 of the laws of 2007, is amended to read as follows:
7. a. Boards of education of districts providing career education and
gifted education services to non-resident students shall be entitled to
recover tuition from the district of residence of such students in
accordance with a formula promulgated by the commissioner by regulation.
b. In the case of the education for students with disabilities who are
residents of New York, a school district of location providing services
to non-resident students shall be entitled to recover costs of services,
costs of evaluation, and costs of committee on special education admin-
istration directly from the district of residence of the student if
consent of the parent or person in parental relation is obtained to
release of personally identifiable information concerning their child.
If such consent is not obtained, the school district of location shall
submit to the commissioner, in a form prescribed by the commissioner, a
claim for costs of services, evaluation costs, and committee on special
education administrative costs that includes the address of the
student's permanent residence, including the school district of resi-
dence, and a certification by officials of the nonpublic school attended
by the student that such address is the address of record of such
student. Upon certification by the commissioner of the amount of such
claim, the state comptroller shall deduct such amount from any state
funds which become due to such school district of residence.
c. The amount charged by the school district of location for services,
evaluation[, eligible due process costs] and committee on special educa-
tion administrative costs shall not exceed the actual cost to the school
district of location, after deducting any costs paid with federal or
state funds. The commissioner shall adopt regulations prescribing a
dispute resolution mechanism that will be available to a school district
of residence where such district disagrees with the amount of tuition or
costs charged by the school district of location.
D. THE COMMISSIONER SHALL ESTABLISH REGIONAL RATE METHODOLOGIES FOR
COMPUTING REGIONAL RATES TO DETERMINE ACTUAL COSTS FOR EACH OF THE
FOLLOWING CATEGORIES OF COSTS: (I) COSTS OF SERVICES, (II) EVALUATIONS
AND (III) SPECIAL EDUCATION ADMINISTRATION. THE SCHOOL DISTRICT OF
LOCATION MAY ELECT TO USE ANY SUCH REGIONAL RATE METHODOLOGIES IN EFFECT
FOR THE CURRENT SCHOOL YEAR FOR ALL NONRESIDENT STUDENTS RECEIVING
SERVICES PURSUANT TO SUBDIVISION TWO OF THIS SECTION IN SUCH SCHOOL YEAR
OR MAY OPT TO COMPUTE ACTUAL COSTS ON AN INDIVIDUAL STUDENT BASIS. IF
SUCH SCHOOL DISTRICT ELECTS TO USE REGIONAL RATES FOR SERVICES, IT SHALL
USE ALL REGIONAL RATES THEN IN EFFECT FOR BILLING SERVICES FOR ALL SUCH
NONRESIDENT STUDENTS AND IF SUCH SCHOOL DISTRICT ELECTS TO USE REGIONAL
RATES FOR BILLING EVALUATION OR SPECIAL EDUCATION ADMINISTRATION COSTS,
IT SHALL USE SUCH RATES FOR BILLING FOR SUCH COSTS FOR ALL SUCH NONRESI-
DENT STUDENTS. THE SCHOOL DISTRICT OF LOCATION MAY, HOWEVER, ELECT TO
USE REGIONAL RATES FOR ONE OR MORE CATEGORIES OF COSTS, AND NOT FOR THE
OTHER CATEGORIES.
E. NO CLAIM SHALL BE PAYABLE PURSUANT TO THIS SUBDIVISION UNLESS IT IS
SUBMITTED TO THE SCHOOL DISTRICT OF RESIDENCE, OR THE COMMISSIONER WHERE
APPLICABLE, WITHIN ONE YEAR OF THE END OF THE SCHOOL YEAR IN WHICH THE
A. 10290 13
COSTS WERE INCURRED, OR WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS
PARAGRAPH, WHICHEVER IS LATER.
S 21. Subdivision 8 of section 3604 of the education law, as amended
by section 46 of part H of chapter 83 of the laws of 2002, is amended to
read as follows:
8. No school shall be in session on a Saturday or a legal holiday,
except general election day, Washington's birthday and Lincoln's birth-
day, and except that driver education classes may be conducted on a
Saturday. A deficiency not exceeding [three] FOUR days during any school
year caused by teachers' attendance upon conferences held by superinten-
dents of schools of city school districts or other school districts
employing superintendents of schools shall be excused by the commission-
er, NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, A SCHOOL DISTRICT MAY ELECT TO SCHEDULE SUCH CONFERENCE DAYS
IN THE LAST TWO WEEKS OF AUGUST AND SUCH DAYS SHALL BE COUNTED TOWARDS
THE REQUIRED ONE HUNDRED EIGHTY DAYS OF SESSION, provided however,
[notwithstanding any other provision of law, that during the nineteen
hundred ninety-two--ninety-three through the two thousand two--two thou-
sand three school years and thereafter, the] THAT SUCH SCHEDULING SHALL
NOT ALTER THE OBLIGATION OF THE SCHOOL DISTRICT TO PROVIDE TRANSPORTA-
TION TO STUDENTS IN NON-PUBLIC ELEMENTARY AND SECONDARY SCHOOLS OR CHAR-
TER SCHOOLS. THE commissioner shall excuse a deficiency not exceeding
four days during such school year caused by teachers' attendance upon
conferences held by such superintendents, provided that at least two
such conference days during such school year shall be dedicated to staff
attendance upon conferences providing staff development relating to
implementation of the new high learning standards and assessments, as
adopted by the board of regents. Notwithstanding any other provision of
law, rule or regulation to the contrary, school districts may elect to
use one or more of such allowable conference days in units of not less
than one hour each to provide staff development activities relating to
implementation of the new high learning standards and assessments. A
district making such election may provide such staff development during
the regularly scheduled daily session and apply such units to satisfy a
deficiency in the length of one or more daily sessions of instruction
for pupils as specified in regulations of the commissioner. The commis-
sioner shall assure that such conference days include appropriate school
violence prevention and intervention training, and may require that up
to one such conference day be dedicated for such purpose.
S 22. Paragraph e of subdivision 2 of section 4002 of the education
law, as added by chapter 563 of the laws of 1980, is amended to read as
follows:
e. Appointment by the commissioner to a state [or state-supported]
school in accordance with article [eighty-five,] eighty-seven or eight-
y-eight of this chapter OR ENROLLMENT IN A STATE-SUPPORTED SCHOOL IN
ACCORDANCE WITH ARTICLE EIGHTY-FIVE OF THIS CHAPTER.
S 23. Subdivision 2 of section 4201 of the education law is amended to
read as follows:
2. It shall be the duty of the commissioner:
a. To inquire into the organization of the several schools and the
methods of instruction employed therein.
b. To prescribe courses of study and methods of instruction that will
meet the requirements of the state for the education of [state] pupils
ATTENDING SUCH SCHOOLS.
A. 10290 14
c. [To make appointments of pupils to the several schools, to transfer
such pupils from one school to another as circumstances may require; to
cancel appointments for sufficient reason.
d.] To ascertain by a comparison with other similar institutions
whether any improvements in instruction and discipline can be made; and
for that purpose to appoint from time to time, suitable persons to visit
the schools.
[e] D. To suggest to the directors of such institutions and to the
legislature such improvements as he shall judge expedient.
[f] E. To make an annual report to the legislature on all of the
matters enumerated in this subdivision and particularly as to the condi-
tion of the schools, the improvement of the pupils, and their treatment
in respect to board and lodging.
S 24. Section 4203 of the education law is amended to read as follows:
S 4203. Persons eligible for [appointment] ENROLLMENT as pupils to
institutions for instruction of the deaf. All deaf children resident in
this state, of the age of three years and upwards and of suitable capac-
ity, and who shall have been resident in this state for one year imme-
diately preceding the application, or, if an orphan, whose nearest
friend shall have been resident in this state for one year immediately
preceding the application, shall be eligible [to appointment] FOR
ENROLLMENT as [state] pupils in one of the institutions for the instruc-
tion of the deaf of this state, authorized by law to receive such
pupils; provided, however, the foregoing requirement as to length of
residence in this state may be waived in the discretion of the commis-
sioner [of education]. PLACEMENT IN SUCH INSTITUTIONS SHALL BE RECOM-
MENDED BY THE COMMITTEE ON SPECIAL EDUCATION, OR COMMITTEE ON PRESCHOOL
SPECIAL EDUCATION WHERE APPLICABLE, OF THE SCHOOL DISTRICT RESPONSIBLE
FOR EDUCATING SUCH PUPIL, AND SUCH RECOMMENDATION MAY INCLUDE THE
PROVISION OF SPECIAL EDUCATION PROGRAMS AND SERVICES IN JULY OR AUGUST
IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH A OF SUBDIVISION TWO OF
SECTION FORTY-FOUR HUNDRED TWO OF THIS CHAPTER.
S 25. Subdivision 3 of section 4204 of the education law, as amended
by section 51 of part A of chapter 58 of the laws of 2011, is amended to
read as follows:
3. The regular term of instruction of any such deaf pupil shall be
twelve years, or until the pupil shall have attained the age of eighteen
years before the expiration of twelve years from the beginning of such
term. The [commissioner] COMMITTEE ON SPECIAL EDUCATION may, in [his]
ITS discretion, [extend] RECOMMEND AN EXTENSION OF the term of any pupil
until his OR HER twenty-first birthday for the purpose of pursuing or
completing academic or vocational courses of study. Such pupils must be
recommended by the trustees of the institution in which they are in
attendance before THE COMMITTEE RECOMMENDS THAT such extension of time
[is granted] BE MADE.
S 26. Section 4206 of the education law, as amended by chapter 53 of
the laws of 1990, is amended to read as follows:
S 4206. Persons eligible for [appointment] ENROLLMENT as pupils [to]
IN institutions for instruction of the blind. 1. All blind persons of
suitable age and capacity and who shall have been residents in this
state for one year immediately preceding the application or, if a minor,
whose parent or parents, or, if an orphan, whose nearest friend, shall
have been a resident in this state for one year immediately preceding
the application, shall be eligible for [appointment] ENROLLMENT as
[state] pupils to the New York Institute for Special Education in the
A. 10290 15
city of New York or the Lavelle School for the Blind in the city of New
York.
2. Blind babies and children of the age of fifteen years and under and
possessing the other qualifications prescribed in this article and
requiring kindergarten training or other special care and instruction,
shall be eligible for [appointment] ENROLLMENT as [state] pupils [by the
commissioner of education at his discretion] in any incorporated insti-
tution furnishing approved care, training and instruction for blind
babies and children, and any such child may be transferred to the New
York Institute for Special Education in the city of New York or the
Lavelle School for the Blind in the city of New York, to which he or she
would otherwise be eligible for [appointment] ENROLLMENT, upon arriving
at suitable age[, in the discretion of the commissioner of education].
3. [All such appointments shall be made by the commissioner of educa-
tion.] The requirement of this section as to length of residence in this
state may be waived in the discretion of the commissioner [of educa-
tion].
4. PLACEMENT IN SUCH INSTITUTIONS SHALL BE RECOMMENDED BY THE COMMIT-
TEE ON SPECIAL EDUCATION, OR COMMITTEE ON PRESCHOOL SPECIAL EDUCATION
WHERE APPLICABLE, OF THE SCHOOL DISTRICT RESPONSIBLE FOR EDUCATING SUCH
PUPIL, AND SUCH RECOMMENDATION MAY INCLUDE THE PROVISION OF SPECIAL
EDUCATION PROGRAMS AND SERVICES IN JULY OR AUGUST IN ACCORDANCE WITH THE
PROVISIONS OF PARAGRAPH A OF SUBDIVISION TWO OF SECTION FORTY-FOUR
HUNDRED TWO OF THIS CHAPTER.
S 27. Subdivisions 3 and 4 of section 4207 of the education law, as
amended by section 54 of part A of chapter 58 of the laws of 2011, are
amended to read as follows:
3. The regular term of instruction of any such blind pupil in the New
York Institute for Special Education shall be eight years. The [commis-
sioner] COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT RESPONSI-
BLE FOR THE EDUCATION OF THE PUPIL, WITH THE CONSENT OF THE TRUSTEES OF
THE NEW YORK INSTITUTE FOR SPECIAL EDUCATION, may in [his] ITS
discretion [extend] RECOMMEND EXTENSION OF the term of any pupil for a
period not exceeding three years. It shall also be lawful for the
[commissioner] COMMITTEE to continue such pupils [as state pupils] for
an additional period of three years for the purpose of pursuing or
completing a course of high school study; such pupils must be recom-
mended by the trustees of the New York Institute for Special Education
before such extension is [granted] RECOMMENDED BY THE COMMITTEE.
4. The term of appointment for blind babies and children of the age of
fifteen years and under received into any institution in accordance with
this article shall be at the discretion of the [commissioner] COMMITTEE
ON SPECIAL EDUCATION OR PRESCHOOL COMMITTEE ON SPECIAL EDUCATION OF THE
SCHOOL DISTRICT RESPONSIBLE FOR THE EDUCATION OF THE STUDENT AND THE
TRUSTEES OF THE NEW YORK INSTITUTE FOR SPECIAL EDUCATION.
S 28. Section 4213 of the education law, as added by chapter 496 of
the laws of 1986, is amended to read as follows:
S 4213. Other persons eligible for [appointment] ENROLLMENT. In
accordance with the provisions of the charter of the New York Institute
for Special Education, and amendments thereto, as issued by the board of
regents, children with [handicapping conditions] DISABILITIES, other
than [handicapping conditions] DISABILITIES which would establish eligi-
bility for [appointment] ENROLLMENT to the schools enumerated in this
article, shall be eligible for [appointment] ENROLLMENT to the New York
Institute for Special Education as [state] pupils. The provisions of
this article shall apply but not necessarily be limited to the [appoint-
A. 10290 16
ment] ENROLLMENT, education, maintenance and support of such pupils.
Such pupils eligible for [appointment] ENROLLMENT, pursuant to this
section, shall be persons over five and under twenty-one years of age
who have not received a high school diploma.
S 29. Paragraph d of subdivision 2 of section 4401 of the education
law, as amended by chapter 53 of the laws of 1990, is amended to read as
follows:
d. Appointment by the commissioner to a state school in accordance
with article eighty-seven or eighty-eight of this chapter or ENROLLMENT
IN a state-supported school in accordance with article eighty-five of
this chapter.
S 30. Subparagraph 2 of paragraph b of subdivision 1 of section 4402
of the education law, as amended by chapter 352 of the laws of 2005, is
amended to read as follows:
(2) Such committees [or subcommittees] shall review at least annually,
the status of each student with a disability and each student thought to
be disabled who is identified pursuant to paragraph a of this subdivi-
sion. Such review shall consider the educational progress and achieve-
ment of the student with a disability and the student's ability to
participate in instructional programs in regular education.
S 30-a. Subparagraph 2 of paragraph b of subdivision 1 of section 4402
of the education law, as amended by chapter 82 of the laws of 1995, is
amended to read as follows:
(2) Such committees [or subcommittees] shall identify, review and
evaluate at least annually, the status of each child with a handicapping
condition and each child thought to be handicapped who resides within
the school district. Such review shall consider the educational progress
and achievement of the child with a handicapping condition and the
child's ability to participate in instructional programs in regular
education.
S 31. Subparagraph 2 of paragraph b of subdivision 2 of section 4402
of the education law, as amended by chapter 391 of the laws of 1989, is
amended to read as follows:
(2) The board shall select the most reasonable and appropriate special
service or program for such children from those programs specified in
paragraphs a, b, c, D, e, f, g, h, i, k, l and m of subdivision two of
section forty-four hundred one of this article upon receipt of the
recommendation of the committee on special education. All contracts with
schools pursuant to the provisions of paragraphs d, e, f, g, h, l and m
of subdivision two of section forty-four hundred one of this article
shall be subject to the approval of the commissioner. All contracts
under paragraph c of subdivision two of section forty-four hundred one
shall be made in accordance with the provisions of subdivision four of
section nineteen hundred fifty of this chapter. No child shall be placed
in a residential school nor shall a board recommend placement in a resi-
dential facility specified in paragraph j of subdivision two of section
forty-four hundred one unless there is no appropriate nonresidential
school available consistent with the needs of the child. The board
shall provide written notice of its determination to the parent or legal
guardian of such child. If the determination of the board of education
is not consistent with the recommendations of the committee on special
education, such notice shall include the statement of the reasons for
such determination which shall identify the factors considered by the
committee on special education in its evaluation.
S 32. The opening paragraph of subparagraph 3 and subparagraph 3-a of
paragraph b of subdivision 1 of section 4402 of the education law, the
A. 10290 17
opening paragraph of subparagraph 3 as amended by chapter 53 of the laws
of 1991 and subparagraph 3-a as added by chapter 630 of the laws of
2008, are amended to read as follows:
The committee [or when applicable the subcommittee] shall:
(3-a) The members of the committee [or subcommittee] may compile a
list of appropriate and/or helpful services that may be available
outside of the school setting to provide the parents or person in
parental relation of a child with a disability with such information.
Such list shall clearly state that these services are in addition to
services supplied by the school district and will not be paid for by the
school district. Any member of a committee [or subcommittee] or his or
her respective school district who, acting reasonably and in good faith,
provides such information shall not be liable for such action.
S 33. Clause h of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
S 34. Subdivisions 8 and 9 of section 4403 of the education law, as
amended by chapter 273 of the laws of 1986, are amended to read as
follows:
8. To develop and distribute a handbook for parents of handicapped
children and the members of committees [and subcommittees] on special
education, which handbook shall explain, in layman terms, the financial
and educational obligations of the state, the county or city, the home
school district, the committee on special education, and the parent or
legal guardian of a handicapped child, the special services or programs
available pursuant to this article, and the legal procedures available
to an aggrieved parent or legal guardian of a handicapped child.
9. To make provision by regulation of the commissioner to assure the
confidentiality of any personally identifiable data, information, and
records collected or maintained by the state department of education or
any school district, including a committee [or subcommittee] on special
education, and the officers, employees or members thereof, pursuant to
or in furtherance of the purposes of this article, and shall establish
procedures upon which any such personally identifiable data, informa-
tion, or records may be disclosed.
S 35. Subdivision 17 of section 4403 of the education law, as amended
by chapter 53 of the laws of 1987, is amended to read as follows:
17. Commencing with the nineteen hundred eighty-seven--eighty-eight
school year, to provide for instruction during the months of July and
August of students with [handicapping conditions] DISABILITIES who have
received state appointments pursuant to article [eighty-five,] eighty-
seven or eighty-eight of this chapter, and whose [handicapping condi-
tions, in the judgment of the commissioner,] DISABILITIES are severe
enough to exhibit the need for a structured learning environment of
twelve months duration to maintain developmental levels, by making such
appointments for twelve months; provided that the initial term of
appointment of a student with a [handicapping condition] DISABILITY who
is the minimum age eligible for such a state appointment shall not
commence during the months of July or August.
S 36. The opening paragraph and clauses (a), (b) and (c) of subpara-
graph 1 of paragraph b of subdivision 1 of section 4402 of the education
law, the opening paragraph, clauses (a) and (c) as amended by chapter
311 of the laws of 1999, subclause (viii) of clause (a) as amended by
chapter 194 of the laws of 2004 and clause (b) as amended by chapter 378
of the laws of 2007, are amended to read as follows:
The board of education or trustees of each school district shall
establish committees [and/or subcommittees] on special education as
A. 10290 18
necessary to ensure timely evaluation and placement of pupils. The board
of education of the city school district of the city of New York, shall
establish at least one committee on special education in each of its
community school districts, provided that appointments to the community
school district committees shall be made upon the approval of the commu-
nity school board except that the board of education of the city school
district of the city of New York, may establish one committee to serve
more than one community school district, in which case, appointments
thereto shall be made upon the joint approval of the affected community
school boards; provided, however, that prior to such consolidation, the
board shall consider the relative caseload of the committee on special
education in each affected community school district, including but not
limited to the following factors: the number of students evaluated by
such committee; the number of referrals to special education in such
community school district; the ability to comply with mandated paperwork
and timelines; and other issues which the board deems pertinent.
(a) Such committees shall be composed of at least the following
members: (i) the parents or persons in parental relationship to the
student; (ii) one regular education teacher of the student whenever the
student is or may be participating in the regular education environment;
(iii) one special education teacher of the student, or, if appropriate,
a special education provider of the student; (iv) a school psychologist
WHERE THE PURPOSE OF THE MEETING IS TO DETERMINE A STUDENT'S INITIAL
ELIGIBILITY FOR SPECIAL EDUCATION; (v) a representative of such school
district who is qualified to provide or administer or supervise special
education and is knowledgeable about the general curriculum and the
availability of resources of the school district; (vi) an individual who
can interpret the instructional implications of evaluation results;
(vii) [a school physician; (viii) an additional parent, residing in the
school district or a neighboring school district, of a student with a
disability, of a student who has been declassified and is no longer
eligible for an individualized education program (IEP), or a parent of a
disabled child who has graduated, for a period of five years beyond the
student's declassification or graduation, provided such parent shall not
be employed by or under contract with the school district, and provided
further that such additional parent shall not be a required member if
the parents request that such additional parent member not participate;
(ix)] such other persons having knowledge or special expertise regarding
the student as the school district or the parents or persons in parental
relationship to the student shall designate, to the extent required
under federal law; and [(x)] (VIII) if appropriate, the student.
(b) In determining the composition of such committee pursuant to
clause (a) of this subparagraph, a school district may determine that a
member appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
[(ix)] (VII) of clause (a) of this subparagraph also fulfills the
requirement of subclause (vi) of clause (a) of this subparagraph of a
member who is an individual who can interpret the instructional impli-
cations of evaluation results where such individuals are determined by
the school district to have the knowledge and expertise to do so and/or
that a member appointed pursuant to subclause (iii) or (iv) of clause
(a) of this subparagraph also fulfills the requirement of subclause (v)
of clause (a) of this subparagraph of a member who is a representative
of the school district. The regular education teacher of the student
shall participate in the development, review and revision of the indi-
vidualized education program for the student, to the extent required
under federal law. [The school physician need not be in attendance at
A. 10290 19
any meeting of the committee on special education unless specifically
requested in writing, at least seventy-two hours prior to such meeting
by the parents or other person in parental relation to the student in
question, the student, or a member of the committee on special educa-
tion. The parents or persons in parental relation of the student in
question shall receive proper written notice of their right to have the
school physician attend the meetings of the committee on special educa-
tion upon referral of said student to the committee on special education
or whenever such committee plans to modify or change the identification,
evaluation or educational placement of the student and their right to
request that an additional parent member not participate at any meeting
of the committee regarding the student.] The committee shall invite the
appropriate professionals most familiar with a student's disability or
disabilities to attend any meeting concerning the educational program
for such student. Except as otherwise provided in this clause or clause
(b-1) or (b-2) of this subparagraph, all members of such committee shall
attend meetings of the committee on special education.
Members of such committee shall serve at the pleasure of such board
and members who are neither employees of nor under contract with such
district shall serve without compensation except that such members shall
be entitled to a per diem to defray expenses incurred in such service,
provided, however, that any expense incurred shall be deemed an aidable
operating expense for purposes of state aid.
(c) Districts not having available personnel may share the services of
a local committee on special education with another school district or
contract with a board of cooperative educational services for such
personnel pursuant to regulations of the commissioner. [A district
having a subcommittee on special education may share the services of a
local committee on special education with another school district,
provided that a representative of such school district who is qualified
to provide or administer or supervise special education and is know-
ledgeable about the general curriculum and the availability of resources
of the school district shall be a member of such committee when it
convenes on behalf of a student who is a resident of such district.]
S 36-a. Clause (b) of subparagraph 1 of paragraph b of subdivision 1
of section 4402 of the education law, as amended by chapter 311 of the
laws of 1999, is amended to read as follows:
(b) In determining the composition of such committee pursuant to
clause (a) of this subparagraph, a school district may determine that a
member appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
[(ix)] (VII) of clause (a) of this subparagraph also fulfills the
requirement of subclause (vi) of clause (a) of this subparagraph of a
member who is an individual who can interpret the instructional impli-
cations of evaluation results where such individuals are determined by
the school district to have the knowledge and expertise to do so and/or
that a member appointed pursuant to subclause (iii) or (iv) of clause
(a) of this subparagraph also fulfills the requirement of subclause (v)
of clause (a) of this subparagraph of a member who is a representative
of the school district. The regular education teacher of the student
shall participate in the development, review and revision of the indi-
vidualized education program for the student, to the extent required
under federal law. [The school physician need not be in attendance at
any meeting of the committee on special education unless specifically
requested in writing, at least seventy-two hours prior to such meeting
by the parents or other person in parental relationship to the student
in question, the student, or a member of the committee on special educa-
A. 10290 20
tion. The parents or persons in parental relationship of the student in
question shall receive proper written notice of their right to have the
school physician attend the meetings of the committee on special educa-
tion upon referral of said student to the committee on special education
or whenever such committee plans to modify or change the identification,
evaluation or educational placement of the student and their right to
request that an additional parent member not participate at any meeting
of the committee regarding the student. The committee shall invite the
appropriate professionals most familiar with a student's disability or
disabilities to attend any meeting concerning the educational program
for such student. Members of such committee shall serve at the pleasure
of such board and members who are neither employees of nor under
contract with such district shall serve without compensation except that
such members shall be entitled to a per diem to defray expenses incurred
in such service, provided, however, that any expense incurred shall be
deemed an aidable operating expense for purposes of state aid.]
S 37. Clause (d) of subparagraph 1 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
S 38. Clause (d-2) of subparagraph 3 of paragraph b of subdivision 1
of section 4402 of the education law is REPEALED.
S 39. Subparagraphs 5 and 7 of paragraph b of subdivision 1 of section
4402 of the education law, subparagraph 5 as amended by chapter 256 of
the laws of 1988 and subparagraph 7 as amended by chapter 194 of the
laws of 1991, are amended to read as follows:
(5) The committee on special education or, in the case of a state
operated school, the multidisciplinary team shall [provide written
notice that a child who is placed in those residential programs speci-
fied in paragraphs d, g, h and l of subdivision two of section forty-
four hundred one of this article is not entitled to receive tuition free
educational services after the age of twenty-one, the receipt of a high
school diploma or the time described in subdivision five of this
section. Such written notice shall be provided to the child and to the
parents or legal guardian of such child when such child attains the age
of eighteen or, if such child is over the age of eighteen when placed in
such a residential program, at the time of placement. Upon the first
annual review after the age of fifteen of a child who is receiving non-
residential special services or programs as specified in paragraph a, b,
c, d, e, f, i, j, l or m of subdivision two of section forty-four
hundred one of this article, or is receiving special services or
programs in a day program at the human resources school; is receiving
such special services or programs one hundred per centum of the school
day; is receiving individualized attention or intervention because of
intensive management needs or a severe handicap; and, as determined by
the committee on special education or multidisciplinary team pursuant to
regulations promulgated by the commissioner, may need adult services
from the office of mental health, office of mental retardation and
developmental disabilities, the state department of social services, a
social services district, or the state education department, the commit-
tee or multidisciplinary team shall provide to such child's parent or
guardian, and if such child is eighteen years of age or older, to the
child, written notice that such child is not entitled to receive tuition
free educational services after the receipt of a high school diploma,
the age of twenty-one or the time described in subdivision five of this
section] NOT LATER THAN THE ANNUAL REVIEW PRIOR TO THE EIGHTEENTH BIRTH-
DAY OF A STUDENT WITH A DISABILITY WHO IS PLACED IN A RESIDENTIAL
PROGRAM BY THE COMMITTEE OR MULTIDISCIPLINARY TEAM, OR A STUDENT WITH A
A. 10290 21
DISABILITY WHO IS PLACED IN A DAY PROGRAM BUT THE COMMITTEE OR MULTIDIS-
CIPLINARY TEAM HAS DETERMINED THAT THE STUDENT IS LIKELY TO REQUIRE
ADULT RESIDENTIAL SERVICES, WITH THE CONSENT OF THE PARENTS, NOTIFY AND
INVITE A REPRESENTATIVE OF THE OFFICE OF MENTAL HEALTH, OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, OR THE STATE EDUCATION DEPART-
MENT, AS APPROPRIATE, TO PARTICIPATE IN THE COMMITTEE ON SPECIAL EDUCA-
TION MEETING FOR THE DEVELOPMENT OF A RECOMMENDATION FOR ADULT SERVICES
PURSUANT TO SECTIONS 7.37 OR 13.37 OF THE MENTAL HYGIENE LAW, SECTION
THREE HUNDRED NINETY-EIGHT-C OF THE SOCIAL SERVICES LAW OR SECTION
FORTY-FOUR HUNDRED THREE OF THIS ARTICLE. THE COMMITTEE OR MULTIDISCI-
PLINARY TEAM SHALL GIVE THE PARENT OR GUARDIAN OF THE CHILD, THE OPPOR-
TUNITY TO CONSENT IN WRITING TO THE RELEASE OF RELEVANT INFORMATION TO
SUCH OTHER PUBLIC AGENCY OR AGENCIES, UPON REQUEST OF SUCH AGENCY OR
AGENCIES, FOR PURPOSES OF DETERMINING APPROPRIATENESS OF AN ADULT
PROGRAM FOR SUCH STUDENT.
(a) [Written notice given pursuant to this subparagraph shall describe
in detail the opportunity to consent to have the child's name and other
relevant information forwarded in a report to the commissioner of mental
health, commissioner of mental retardation and developmental disabili-
ties, commissioner of social services, or commissioner of education, or
their designees, for the purpose of determining whether such child will
likely need adult services and, if so, recommending possible adult
services.] For the purposes of this subparagraph "relevant information"
shall be defined as that information in the possession of and used by
the committee or the multidisciplinary team to ascertain the physical,
mental, emotional and cultural-educational factors which contribute to
the [child's handicapping condition] STUDENT'S DISABILITY, including but
not limited to: (i) results of physical and psychological examinations
performed by private and school district physicians and psychologists;
(ii) relevant information presented by the parent, guardian and teacher;
(iii) school data which bear on the [child's] STUDENT'S progress includ-
ing the [child's] STUDENT'S most recent individualized education
program; (iv) results of the most recent examinations and evaluations
performed pursuant to clause (d) of subparagraph three of this para-
graph; and (v) results of other suitable evaluations and examinations
possessed by the committee or multidisciplinary team. Nothing in this
subparagraph shall be construed to require any committee or multidisci-
plinary team to perform any examination or evaluation not otherwise
required by law.
(b) Upon consent obtained pursuant to clause [(c)] (A) of this subpar-
agraph, the committee or multidisciplinary team shall forward the
[child's] STUDENT'S name and other relevant information in a report to
the [commissioner of mental health, commissioner of mental retardation
and developmental disabilities, commissioner of social services, or
commissioner of education, or their designees, for the development of a
recommendation for adult services pursuant to section 7.37 or 13.37 of
the mental hygiene law, section three hundred ninety-eight-c of the
social services law or subdivision ten of section forty-four hundred
three of this article. The] APPROPRIATE PUBLIC AGENCY AS DETERMINED BY
THE committee or multidisciplinary team [shall determine which commis-
sioner shall receive the report by considering], BASED UPON the [child's
handicapping condition] STUDENT'S DISABILITY and physical, mental,
emotional and social needs. The committee shall forward additional and
updated relevant information to the [commissioner of mental health,
commissioner of mental retardation and developmental disabilities,
commissioner of social services, or commissioner of education, or their
A. 10290 22
designees,] APPROPRIATE PUBLIC AGENCY upon the request for such informa-
tion by such [commissioner or designee] AGENCY, WITH THE CONSENT OF THE
PARENTS OR THE STUDENT, IF SUCH STUDENT IS EIGHTEEN YEARS OF AGE OR
OLDER.
(c) [Upon receipt of the notice by the child pursuant to this subpara-
graph, the child, if eighteen years of age or older, shall be given the
opportunity to consent or withhold consent to the release of the rele-
vant information. Such opportunity shall be given within twenty days of
the receipt of the notice. An appropriate member of the staff of the
educational facility shall be available to assist the child, if neces-
sary, to understand the contents of the notice and the need for his or
her consent for the release of the relevant information. A form,
prescribed by the commissioner, shall be presented to the child for
response, which shall clearly set forth the options of giving consent or
withholding consent. In the event that the child exercises neither
option, and the designated member of the staff of the educational facil-
ity has reason to believe that the child may not be able to understand
the purpose of the form, or in the event that the child is less than
eighteen years of age, the committee on special education or the multi-
disciplinary team shall give the parent or guardian of the child the
opportunity to consent in writing to the release of the relevant infor-
mation. Nothing in this clause shall be construed to be a determination
of the child's mental capacity.
(d)] When the committee or multidisciplinary team is notified by the
[commissioner who] PUBLIC AGENCY WHICH received the report that such
state agency is not responsible for determining and recommending adult
services for the child, the committee or multidisciplinary team shall
forward the report to another [commissioner] PUBLIC AGENCY; or, if the
committee or multidisciplinary team determines that there exists a
dispute as to which state agency has the responsibility for determining
and recommending adult services, the committee or multidisciplinary team
may forward the report to the council on children and families for a
resolution of such dispute.
[(e) The committee and multidisciplinary team shall prepare and submit
an annual report to the state education department on or before October
first of each year. Such annual report shall contain the number of cases
submitted to each commissioner pursuant to clause (b) or (d) of this
subparagraph, the type and severity of the handicapping condition
involved with each such case, the number of notices received which deny
responsibility for determining and recommending adult services, and
other information necessary for the state education department and the
council on children and families to monitor the need for adult services.
Such annual report shall not contain individually identifying informa-
tion. The state education department shall forward a copy of such annual
report to the council on children and families. All information received
by the council on children and families pursuant to this subparagraph
shall be subject to the confidentiality requirements of the department.
(f) For purposes of this subparagraph, the term "multidisciplinary
team" refers to the unit which operates in lieu of a committee on
special education with respect to children in state operated schools.]
[(7)] (6) The committee on special education shall provide a copy of
the handbook for parents of children with [handicapping conditions]
DISABILITIES established under subdivision eight of section four thou-
sand four hundred three of this article or a locally approved [hand-
icapped] booklet FOR PARENTS OF CHILDREN WITH DISABILITIES to the
parents or person in parental relationship to a child as soon as practi-
A. 10290 23
cable after such child has been referred for evaluation to the committee
on special education.
S 40. Paragraph a of subdivision 2 of section 4402 of the education
law, as amended by chapter 243 of the laws of 1989, is amended to read
as follows
a. The board of education or trustees of each school district shall be
required to furnish suitable educational opportunities for [children
with handicapping conditions] STUDENTS WITH DISABILITIES by one of the
special services or programs listed in subdivision two of section
forty-four hundred one. The need of the individual child shall determine
which of such services shall be rendered. Each district shall provide to
the maximum extent appropriate such services in a manner which enables
[children with handicapping conditions] STUDENTS WITH DISABILITIES to
participate in regular education services when appropriate. Such
services or programs shall be furnished between the months of September
and June of each year, except that for the nineteen hundred eighty-sev-
en--eighty-eight school year and thereafter, with respect to the
students whose [handicapping conditions] DISABILITIES are severe enough
to exhibit the need for a structured learning environment of twelve
months duration to maintain developmental levels, the board of education
or trustees of each school district upon the recommendation of the
committee on special education [and, in the first instance, the consent
of the parent] shall also provide, either directly or by contract, for
the provision of special services and programs as defined in section
forty-four hundred one of this article during the months of July and
August as contained in the individualized education program for each
eligible [child] STUDENT, and with prior approval by the commissioner if
required; provided that [(i) a student with a handicapping condition who
is first eligible to attend public school in the nineteen hundred eight-
y-seven--eighty-eight school year shall not be eligible to receive
services pursuant to this paragraph during the months of July and August
nineteen hundred eighty-seven and (ii) a student with a handicapping
condition who is first eligible to attend public school in the nineteen
hundred eighty-eight--eighty-nine school year shall not be eligible to
receive services pursuant to this paragraph during the months of July
and August nineteen hundred eighty-eight and (iii) a student with a
handicapping condition who is eligible for services during the months of
July and August nineteen hundred eighty-nine pursuant to the provisions
of subdivision six of section forty-four hundred ten of this article
shall not be eligible to receive services pursuant to this paragraph
during such months and (iv)] a student with a [handicapping condition]
DISABILITY who is eligible for services, including services during the
months of July and August, pursuant to section forty-four hundred ten of
this article shall not be eligible to receive services pursuant to this
paragraph during the months of July and August.
S 41. Paragraph d of subdivision 4 of section 4402 of the education
law, as amended by chapter 646 of the laws of 1992, is amended to read
as follows
d. Notwithstanding any other provision of law, such board shall
provide suitable transportation up to a distance of fifty miles to and
from a nonpublic school which a [child] STUDENT with a [handicapping
condition] DISABILITY attends if such [child] STUDENT has been so iden-
tified by the local committee on special education and such [child]
STUDENT attends such school for the purpose of receiving services or
programs FROM SUCH NONPUBLIC SCHOOL THAT ARE similar to special [educa-
tional programs] EDUCATION PROGRAMS AND SERVICES recommended for such
A. 10290 24
[child] STUDENT by the local committee on special education. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A NONPUBLIC STUDENT
RECEIVING TRANSPORTATION PURSUANT TO THIS PARAGRAPH SHALL NOT BE ENTI-
TLED TO SPECIAL EDUCATION PROGRAMS AND SERVICES FROM THE SCHOOL DISTRICT
OF LOCATION PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-C OF THIS CHAP-
TER. AS A CONDITION OF ELIGIBILITY FOR SUCH TRANSPORTATION, THE PARENT
OR PERSON IN PARENTAL RELATION TO THE STUDENT SHALL CONSENT TO THE
PROVISION OF NOTICE BY THE SCHOOL DISTRICT OF RESIDENCE TO THE CHAIR-
PERSON OF THE COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT IN
WHICH THE NONPUBLIC SCHOOL IS LOCATED IDENTIFYING SUCH STUDENT, BY NAME,
ADDRESS AND SCHOOL OF ATTENDANCE, AS A STUDENT RECEIVING TRANSPORTATION
PURSUANT TO THIS PARAGRAPH. THE SCHOOL DISTRICT OF RESIDENCE SHALL
PROVIDE SUCH NOTICE NO LATER THAN THIRTY DAYS AFTER COMMENCING SUCH
TRANSPORTATION.
S 42. Subdivision 18 of section 4403 of the education law is REPEALED.
S 43. Paragraph a of subdivision 1 of section 4404 of the education
law, as amended by chapter 430 of the laws of 2006, is amended to read
as follows:
a. If the parent or person in parental relation of a student, the
board of education or trustees of a school district or a state agency
responsible for providing education to students with disabilities
presents a complaint with respect to any matter relating to the iden-
tification, evaluation or educational placement of the student or the
provision of a free appropriate public education to the student or a
manifestation determination or other matter relating to placement upon
discipline of a student with a disability that may be the subject of an
impartial hearing pursuant to subsection (k) of section fourteen hundred
fifteen of title twenty of the United States code and the implementing
federal regulations, and the party presenting the complaint or their
attorney provides a due process complaint notice in accordance with
federal law and regulations and such complaint sets forth an alleged
violation that occurred not more than [two years] ONE YEAR before the
date the parent or public agency knew or should have known about the
alleged action that forms the basis for the complaint, OR IN THE CASE OF
A COMPLAINT SEEKING TUITION REIMBURSEMENT FOR THE UNILATERAL PARENTAL
PLACEMENT OF A STUDENT IN A PRIVATE SCHOOL, SUCH TUITION CLAIM IS
PRESENTED NOT MORE THAN ONE HUNDRED EIGHTY DAYS FROM THE PLACEMENT BY
THE PARENT OR PERSON IN PARENTAL RELATION IN THE PRIVATE SCHOOL,
PROVIDED THAT THE STUDENT SHALL BE DEEMED PLACED FOR SUCH PURPOSE ON THE
FIRST DAY THE STUDENT IS ENROLLED IN AND IS LIABLE FOR TUITION IN THE
PRIVATE SCHOOL, the board or agency shall appoint an impartial hearing
officer to review the due process complaint notice when challenged and,
if the matter is not resolved in a resolution session that has been
convened as required by federal law, to preside over an impartial due
process hearing and make a determination within such period of time as
the commissioner by regulation shall determine, provided that the board
of education or trustees shall offer the parent or person in parental
relation the option of mediation pursuant to section forty-four hundred
four-a of this article as an alternative to an impartial hearing. Where
the parent or person in parental relation or a school district or public
agency presents a complaint, the school district or public agency
responsible for appointing the impartial hearing officer shall provide
the parent or person in parental relation with a procedural safeguards
notice as required pursuant to subsection (d) of section fourteen
hundred fifteen of title twenty of the United States code and the imple-
menting federal regulations. Notwithstanding any provision of this
A. 10290 25
subdivision to the contrary, the time limitation on presenting a
complaint shall not apply to a parent or person in parental relation to
the student if the parent or person in parental relation was prevented
from requesting the impartial hearing due to specific misrepresentations
by the school district or other public agency that it had resolved the
problem forming the basis of the complaint or due to the school
district's or other public agency's withholding of information from the
parent or person in parental relation that was required under federal
law to be provided. Nothing in this subdivision shall be construed to
authorize the board of education or trustees to bring an impartial hear-
ing to override the refusal of a parent or person in parental relation
to consent where a local educational agency is prohibited by federal law
from initiating such a hearing.
S 44. Subparagraph 1 of paragraph a of subdivision 3 of section 4410
of the education law, as amended by chapter 378 of the laws of 2007, is
amended to read as follows:
(1) Such board shall ensure that such committee is composed of at
least the following members: (i) the parents of the preschool child;
(ii) a regular education teacher of such child, whenever the child is or
may be participating in a regular education environment; (iii) a special
education teacher of the child or, if appropriate, a special education
provider of the child; (iv) an appropriate professional employed by the
school district who is qualified to provide, or supervise the provision
of, special education, who is knowledgeable about the general curriculum
of the school district and the availability of preschool special educa-
tion programs and services and other resources in the school district
and the municipality, and who shall serve as chairperson of the commit-
tee; (v) [an additional parent of a child with a disability who resides
in the school district or a neighboring school district and whose child
is enrolled in a preschool or elementary level education program,
provided that such parent shall not be employed by or under contract
with the school district or municipality, and provided further that such
additional parent shall not be a required member if the parents request
that such additional parent member not participate; (vi)] an individual
who can interpret the instructional implications of evaluation results,
provided that such individual may be the member appointed pursuant to
clause (ii), (iii), (iv) or [(vii)] (VI) of this subparagraph where such
individuals are determined by the school district to have the knowledge
and expertise to do so; [(vii)] OR (VI) such other persons having know-
ledge or expertise regarding the child as the board or the parents shall
designate, to the extent required under federal law; and for a child in
transition from programs and services provided pursuant to applicable
federal laws relating to early intervention services, at the request of
the parent or person in parental relation to the child, the appropriate
professional designated by the agency that has been charged with the
responsibility for the preschool child pursuant to said applicable
federal laws. In addition, the chief executive officer of the munici-
pality of the preschool child's residence shall appoint an appropriately
certified or licensed professional to the committee. Attendance of the
appointee of the municipality shall not be required for a quorum.
S 44-a. Subparagraph 1 of paragraph a of subdivision 3 of section 4410
of the education law, as amended by chapter 311 of the laws of 1999, is
amended to read as follows:
(1) Such board shall ensure that such committee is composed of at
least the following members: (i) the parents of the preschool child;
(ii) a regular education teacher of such child, whenever the child is or
A. 10290 26
may be participating in a regular education environment; (iii) a special
education teacher of the child or, if appropriate, a special education
provider of the child; (iv) an appropriate professional employed by the
school district who is qualified to provide, or supervise the provision
of, special education, who is knowledgeable about the general curriculum
of the school district and the availability of preschool special educa-
tion programs and services and other resources in the school district
and the municipality, and who shall serve as chairperson of the commit-
tee; (v) [an additional parent of a child with a disability who resides
in the school district or a neighboring school district and whose child
is enrolled in a preschool or elementary level education program,
provided that such parent shall not be employed by or under contract
with the school district or municipality, and provided further that such
additional parent shall not be a required member if the parents request
that such additional parent member not participate; (vi)] an individual
who can interpret the instructional implications of evaluation results,
provided that such individual may be the member appointed pursuant to
clause (ii), (iii), (iv) or [(vii)] (VI) of this subparagraph where such
individuals are determined by the school district to have the knowledge
and expertise to do so; [(vii)] OR (VI) such other persons having know-
ledge or expertise regarding the child as the board or the parents shall
designate, to the extent required under federal law; and for a child in
transition from programs and services provided pursuant to applicable
federal laws relating to early intervention services, the appropriate
professional designated by the agency that has been charged with the
responsibility for the preschool child pursuant to said applicable
federal laws. In addition, the chief executive officer of the munici-
pality of the preschool child's residence shall appoint an appropriately
certified or licensed professional to the committee. Attendance of the
appointee of the municipality shall not be required for a quorum.
S 45. Paragraph b of subdivision 4 of section 4410 of the education
law, as added by chapter 243 of the laws of 1989, is amended to read as
follows:
b. Each board shall, within time limits established by the commission-
er, be responsible for providing the parent of a preschool child
suspected of having a [handicapping condition] DISABILITY with a list of
approved evaluators in the geographic area. The [parent may select the
evaluator from such list] SCHOOL DISTRICT SHALL, AFTER PROVIDING THE
PARENT WITH A LIST OF APPROVED PRESCHOOL EVALUATORS AND OBTAINING PARENT
CONSENT TO EVALUATE, ARRANGE FOR AN EVALUATION BY THE SERVICE PROVIDER
SELECTED BY THE DISTRICT WHO CAN PROVIDE THE EVALUATION OF THE STUDENT
WITHIN THE TIMELINE REQUIRED BY THE DEPARTMENT. IN SELECTING THE EVALU-
ATOR, THE DISTRICT SHALL CONSIDER THE PARENT'S EXPRESSED PREFERENCE, IF
ANY, FOR THE EVALUATOR. Each board shall provide for dissemination of
the list and other information to parents at appropriate sites including
but not limited to pre-kindergarten, day care, head start programs and
early childhood direction centers, pursuant to regulations of the
commissioner.
S 46. Paragraphs (a) and (c) of subdivision 9-a of section 4410 of the
education law, paragraph (a) as amended by chapter 581 of the laws of
2011 and paragraph (c) as added by chapter 82 of the laws of 1995, are
amended to read as follows:
(a) A [school district or a] group of appropriately licensed and/or
certified professionals associated with a public or private agency may
apply to the commissioner for approval as an evaluator on a form
prescribed by the commissioner. The commissioner shall approve evalu-
A. 10290 27
ators pursuant to this subdivision consistent with the approval process
for the multi-disciplinary evaluation component of programs approved
pursuant to subdivision nine of this section consistent with regulations
adopted pursuant to such subdivision. ALL SCHOOL DISTRICTS ARE DEEMED
APPROVED EVALUATORS OF PRESCHOOL STUDENTS SUSPECTED OF HAVING A DISABIL-
ITY WITHOUT THE NEED TO SUBMIT AN APPLICATION TO THE COMMISSIONER.
Such application shall include, but not be limited to, a description
of the multi-disciplinary evaluation services proposed to be provided
and a demonstration that all agency employees and staff who provide such
evaluation services shall have appropriate licensure and/or certif-
ication and that the individual who shall have direct supervision
responsibilities over such staff shall have an appropriate level of
experience in providing evaluation or services to preschool or kinder-
garten-aged children with disabilities. To be eligible for approval as
an evaluator under this subdivision on and after July first, two thou-
sand eleven, a group of appropriately licensed or certified profes-
sionals shall be formed as a limited liability company or professional
services corporation established pursuant to article fifteen of the
business corporation law, article twelve or thirteen of the limited
liability company law or article eight-B of the partnership law. The
approval of any groups of licensed or certified professionals that are
in existence on July first, two thousand eleven and would not be eligi-
ble for approval thereafter shall terminate on July first, two thousand
thirteen.
(c) The commissioner shall establish a billing and reimbursement
system for services provided by SCHOOL DISTRICTS AND evaluators approved
pursuant to the provisions of this subdivision consistent with billing
and reimbursement for evaluation services provided by evaluators
approved pursuant to the provisions of subdivision nine of this section.
S 47. Paragraph c of subdivision 1 of section 4410-b of the education
law, as added by chapter 6 of the laws of 2000, is amended to read as
follows:
c. "IEP team" means a committee on special education, [a subcommittee
on special education,] OR a committee on preschool special education [or
a subcommittee on preschool special education].
S 48. This act shall take effect July 1, 2012, provided that in the
event this act shall become a law after such date, it shall take effect
immediately and shall be deemed to have been in full force and effect on
and after July 1, 2012 and provided further, that nothing in section
twelve of this act shall be construed to require the retrofitting of
school buses purchased prior to the effective date of this act, and
provided further that:
(a) the amendments to paragraph a of subdivision 14 of section 305 of
the education law made by section five of this act shall be subject to
the expiration and reversion of such paragraph pursuant to chapter 698
of the laws of 1996, as amended, when upon such date the provisions of
section five-a of this act shall take effect;
(b) the amendments to paragraph e of subdivision 14 of section 305 of
the education law made by section six of this act shall not affect the
repeal of such paragraph and shall be deemed repealed therewith;
(c) the amendments to subdivision 1-b of the general municipal law
made by section eight of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith;
(d) the amendments to subdivision 2 of section 103 of the general
municipal law made by section ten of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 41 of
A. 10290 28
part X of chapter 62 of the laws of 2003, as amended, when upon such
date the provisions of section ten-a of this act shall take effect;
(e) the amendments to subparagraph (2) of paragraph (b) of subdivision
4 of section 2590-b of the education law made by section seventeen of
this act shall not affect the repeal of such subdivision and shall be
deemed repealed therewith;
(f) the amendments to paragraph (a) of subdivision 4 of section 2853
of the education law made by section eighteen of this act shall be
subject to the expiration and reversion of such paragraph pursuant to
chapter 378 of the laws of 2007, as amended, when upon such date the
provisions of section eighteen-a of this act shall take effect;
(g) the amendments to subdivision 2 of section 3602-c of the education
law made by section nineteen of this act shall not affect the expiration
of such subdivision and shall be deemed to expire therewith;
(h) the amendments to subdivision 7 of section 3602-c of the education
law made by section twenty of this act shall not affect the repeal of
such subdivision and shall be deemed repealed therewith;
(i) the amendments to subparagraph (2) of paragraph b of subdivision 1
of section 4402 of the education law made by section thirty of this act
shall be subject to the expiration and reversion of such subparagraph
pursuant to chapter 352 of the laws of 2005, as amended, when upon such
date the provisions of section thirty-a of this act shall take effect;
(j) the amendments to clause (b) of subparagraph (1) of paragraph b of
subdivision 1 of section 4402 of the education law made by section thir-
ty-six of this act shall be subject to the expiration and reversion of
such clause pursuant to chapter 378 of the laws of 2007, as amended,
when upon such date the provisions of section thirty-six-a of this act
shall take effect;
(k) the amendments to paragraph a of subdivision 1 of section 4404 of
the education law made by section forty-three of this act shall not
affect the expiration and reversion of such subdivision and shall be
deemed to expire therewith; and
(l) the amendments to subparagraph (1) of paragraph a of subdivision 3
of section 4410 of the education law made by section forty-four of this
act shall be subject to the expiration and reversion of such subpara-
graph pursuant to chapter 378 of the laws of 2007, as amended, when upon
such date the provisions of section forty-four-a of this act shall take
effect.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.