Bill S5360-2013

Establishes that all school districts are approved evaluators of preschool students suspected of having a disability

Establishes that all school districts are approved evaluators of preschool students suspected of having a disability.



  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 5, 2013: referred to education
  • Jun 5, 2013: PASSED SENATE
  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.915


VOTE: COMMITTEE VOTE: - Education - May 30, 2013
Ayes (16): Flanagan, Farley, Lanza, LaValle, Little, Marcellino, Maziarz, Ranzenhofer, Robach, Seward, Valesky, Latimer, Addabbo, Breslin, Stavisky, Tkaczyk
Ayes W/R (2): Avella, Montgomery



TITLE OF BILL: An act to amend the education law, in relation to establishing that all school districts are approved evaluators of preschool students suspected of having a disability

PURPOSE: To eliminate additional paperwork for school districts who wish to provide evaluation services to preschool students with disabilities.


Section 1: Amends section 4410(9-a) of the education law to establish that all school districts are approved evaluators of preschool students.

Section 2: Sets forth an immediate effective date.

JUSTIFICATION: School districts regularly provide evaluation of school-age special education students. Similar to any other public or private agency with appropriately licensed or certified professionals, a school district may apply to the Commissioner of Education to be an approved evaluator of preschool special education students. Because school districts currently provide these evaluations for school-age students, the extra application requirement to the Commissioner is burdensome and unnecessary. This bill will allow school districts to provide preschool evaluation services without further application to the Commissioner.


FISCAL IMPLICATIONS: Possible savings to local school districts and the New York State Education Department.

EFFECTIVE DATE: Immediately.


STATE OF NEW YORK ________________________________________________________________________ 5360 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to establishing that all school districts are approved evaluators of preschool students suspected of having a disability THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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- 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 2. This act shall take effect immediately.


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