This bill has been amended

Bill S5445-2015

Relates to certified school psychologists and programs for preschool children with handicapping conditions

Relates to certified school psychologists and programs for preschool children with handicapping conditions.

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  • May 14, 2015: REFERRED TO EDUCATION

Memo

BILL NUMBER:S5445

TITLE OF BILL: An act to amend the education law, in relation to certified school psychologists and special education services and programs for preschool children with handicapping conditions; and providing for the repeal of such provisions upon expiration thereof

PURPOSE: This bill would allow approved multidisciplinary evaluation programs to employ a certified school psychologist to conduct a multidisciplinary evaluation of a preschool child having or suspected of having a disability. This bill would expire on June 30, 2016.

SUMMARY OF PROVISIONS:

Section 1. Amends paragraph (d) of subdivision 6 of 4410 of the education law to allow multidisciplinary evaluation programs approved pursuant to section 4410 of the education law to employ a certified school psychologist to conduct a multidisciplinary evaluation of a preschool child having or suspected of having a disability.

Section 2. Establishes the effective date and repeal date of this law.

JUSTIFICATION:

Section 4410 of the education law allows approved center-based programs to employ a certified school psychologist in a preschool setting. Recently, the State Education Department issued a special education field advisory and learned that multidisciplinary evaluation programs are also using certified school psychologists to conduct evaluations of preschool students with disabilities even though they are not permitted under law to do so. In speaking with the field, shortages of licensed psychologists have made it difficult for these multidisciplinary evaluation programs to ensure timely psychological evaluations of preschool students with disabilities as is required by law. The federal Individuals with Disabilities Education Act (IDEA) requires that initial evaluations of preschool children with disabilities be conducted within 60 days of parental consent for the evaluation. In addition, state law requires that approved multidisciplinary evaluation programs selected by the parent conduct such evaluations. It is important that these evaluations continue to occur in a timely manner. This legislation would temporarily allow multi disciplinary evaluation programs to employ a certified school psychologist to conduct these evaluations continue to take place this issue is investigated further.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Unknown at this time.

EFFECTIVE DATE: This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2014, provided, however, that the provisions of this act shall expire and be deemed repealed June 30, 2016.


Text

STATE OF NEW YORK ________________________________________________________________________ 5445 2015-2016 Regular Sessions IN SENATE May 14, 2015 ___________
Introduced by Sen. LAVALLE -- 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 certified school psychologists and special education services and programs for preschool children with handicapping conditions; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph d of subdivision 6 of section 4410 of the educa- tion law, as added by chapter 581 of the laws of 2011, is amended to read as follows: d. Notwithstanding any other provision of law to the contrary, the exemption in subdivision one of section seventy-six hundred five of this chapter shall apply to persons employed IN A SALARIED POSITION by a center-based program approved pursuant to subdivision nine of this section as a CERTIFIED school psychologist to provide activities, services and use of the title psychologist to students enrolled in such approved center-based program, AND TO CERTIFIED SCHOOL PSYCHOLOGISTS EMPLOYED IN A SALARIED POSITION BY AN APPROVED PROGRAM, WHICH PROGRAM HAS BEEN APPROVED PURSUANT TO PARAGRAPH B OF SUBDIVISION NINE OF THIS SECTION TO CONDUCT A MULTI-DISCIPLINARY EVALUATION OF A PRESCHOOL CHILD HAVING OR SUSPECTED OF HAVING A DISABILITY WHERE AUTHORIZED BY PARAGRAPH A OF SUBDIVISION SIX OF SECTION SIXTY-FIVE HUNDRED THREE-B OF THIS CHAP- TER, EACH in the course of their employment. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2014, provided, however that the provisions of this act shall expire and be deemed repealed June 30, 2016.

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