This bill has been amended

Bill S5954B-2009

Relates to the practice of licensed professions by special education schools and early intervention agencies and their employees; repealer

Relates to the practice of licensed professions by special education schools and early intervention agencies and their employees.

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Actions

  • Jun 14, 2010: ADVANCED TO THIRD READING
  • Jun 10, 2010: 2ND REPORT CAL.
  • Jun 9, 2010: 1ST REPORT CAL.901
  • Jun 7, 2010: PRINT NUMBER 5954B
  • Jun 7, 2010: AMEND AND RECOMMIT TO HIGHER EDUCATION
  • May 26, 2010: COMMITTEE DISCHARGED AND COMMITTED TO HIGHER EDUCATION
  • May 21, 2010: PRINT NUMBER 5954A
  • May 21, 2010: AMEND (T) AND RECOMMIT TO EDUCATION
  • Jan 6, 2010: REFERRED TO EDUCATION
  • Jun 19, 2009: REFERRED TO RULES

Votes

VOTE: COMMITTEE VOTE: - Higher Education - Jun 9, 2010
Ayes (18): Stavisky, Oppenheimer, Schneiderman, Krueger, Parker, Huntley, Foley, Onorato, Serrano, Aubertine, LaValle, Seward, Flanagan, Robach, Alesi, Griffo, Maziarz, Hannon

Memo

BILL NUMBER:S5954B

TITLE OF BILL: An act to amend the education law, in relation to special education services and programs for preschool children with handicapping conditions, and in relation to waivers for certain special education schools and early intervention agencies; and to repeal subdivision 6 of section 4410 of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to reconcile the provisions of Title VIII of the Education Law that prohibit corporate practice of certain licensed professions and the provisions of Education Law §4410 and other provisions of Article 89 of the Education Law that contemplate that special education schools and providers be organized to provide multi-disciplinary evaluations and all related services recommended on the student's individualized education program, regardless of the profession involved. The bill would also clarify that the exemptions in the professions of psychology and speech-language pathology and audiology that allow elementary and secondary schools to employ school psychologists and teachers of the speech and hearing handicapped apply to center-based preschool special education providers' services when providing services on-site. The bill would similarly reconcile the provisions of Title VIII of the Education Law that prohibit corporate practice of certain licensed professions and the provisions of Title 2-A of Article 25 of the Public Health Law that contemplate that early intervention agencies be organized to provide the full range of early intervention program services.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 would repeal §4410(6) relating to transition of children who were in preschool programs pursuant to §236 of the Family Court Act before. July 1, 1989, and would add a new subdivision 6 to §4410 of Education Law to resolve, in conjunction with sections 2 through 4 of this bill, various conflicts between the provisions of §4410 on preschool special education and the provisions of Title VIII of Education Law on professional practice.

New §4410(6)(a) would provide that not-for-profit approved providers of preschool special education that obtain a waiver as special education schools under new §6503-a of Education Law would be authorized to employ licensed professionals or contract with licensees or entities legally authorized to provide professional services in accordance with §6503-a. Without such waiver, employment or contracting for professional services in most licensed professions would conflict with restrictions on corporate practice under Title VIII.

New §4410(6)(b) would clarify that an approved program may be formed as an education corporation, business corporation or a not-for-profit corporation, with the consent of the Commissioner. A group of appropriately licensed professionals may be formed as a professional service limited liability company (PLLC) or a registered limited liability partnership (RLLP) and if so formed, may be authorized to provide special education itinerant services or educational services, even though they are entities ordinarily formed to provide

professional services, In addition, such an entity would be authorized to contract with other professionals or entities authorized to provide professional services that the PLLC or RLLP would not be authorized to provide directly, where such services are rendered for the purposes of conducting a multi-disciplinary evaluation or providing related services specified in the IEP of a preschool child.

New §4410(6)(c) would clarify, without expanding, the current exemption from the practice of speech-language pathology and audiology in Education Law §8207(2) that applies to an approved 4410 provider that is a center-based program, so they may employ a teacher of the speech and hearing handicapped, for services rendered to students enrolled in such center-based program. A center-based program is an approved §4410 school that operates special. education classes and/or special education classes in an integrated facility-based setting. New §4410(6) (d) would similarly clarify that the exemption from the practice of psychology in Education Law §7605(1) would apply to an approved 4410 provider that is a center-based program, so they may employ a school psychologist for services rendered to students enrolled in such center-based program.

Section 2 would amend paragraphs band d of subdivision 9 of §4410 of Education Law to require that a provider of special services or programs that relies on formal written agreements or affiliations with appropriately certified or licensed professionals, or agencies employing such professionals, certify as part of the program approval application process that it will apply for and obtain a waiver pursuant to §6503-a prior to providing evaluation services or related services pursuant to such written agreements or affiliations.

Section 3 would amend 54410(9-a)(a) of Education Law to require that a group of appropriately licensed or certified professionals must be formed as a PLLC, foreign PLLC, RLLP or New York foreign RLLP to be eligible for approval as an evaluator on and after July 1, 2010. The bill also would provide that the approval of any groups of licensed or certified professionals that are in existence on July 1, 2010 and would not be eligible for approval thereafter would terminate on July 1, 2011.

Section 4 would add a new §6503-a to Education Law to provide waivers from corporate practice prohibitions for special education schools as Corporate entities authorized to provide a range of professional services relating to the evaluation of students suspected of having a disability and the delivery of related services to students with disabilities either through licensees employed by the school or by contract with licensees or other authorized entities. New §6503-a would also provide waivers from corporate practice prohibitions for early intervention agencies as corporate entities authorized to provide a range of professional services relating to the early intervention program for infants and toddlers with disabilities from birth to 2. In return, such special education schools and early intervention agencies that obtain a waiver would become subject to professional discipline in the same manner as professional entities authorized to engage in the practice of a profession. New §6503-a (1) would supply definitions of "special education school," "early intervention agency," "early intervention program services," "multidisciplinary evaluation" for both special education schools and

early intervention agencies, and "related services." A "special education school" would include a §4410 approved provider, approved private residential or non-residential school for the education of students with disabilities (a "Chapter 853" school), and a child care institution that operates a private school or an institution for the deaf or blind ("4201 school") that conducts a multi-disciplinary evaluation or provides related services in one or more licensed professions for which no exception from prohibitions against corporate practice exists. New §6503-a(2) would prohibit special education schools that do not obtain a waiver from employing licensed professionals or contracting with other entities to practice a profession while conducting a multi-disciplinary evaluation or providing related services to students with disabilities, unless an exception to the corporate practice prohibition exists. "Early intervention agency" would mean an agency as defined in title two-a of article twenty-five of the public health law which is approved or is seeking approval to deliver early intervention program multi-disciplinary evaluations, service coordination services and early intervention program services, and is lawfully operated by a not-for-profit corporation or professional entity. "Early intervention program services" would mean early intervention services as defined in subdivision seven of section twenty-five hundred forty-one of the public health law that are provided under the early intervention program and authorized in an eligible child's individualized family services plan. All special education schools and early intervention agencies in existence on the effective date of new §6503-a would be deemed operating pursuant to a waiver for a period of time commencing on the effective date (June 30, 2010) and ending on July 1,2011, allowing them time to apply for and obtain a waiver.

New G503-a(3) would contain the procedures for obtaining a waiver. New §6503-a(4) would require notification of a change in location

New §6503-a(5) would authorize special education schools and early intervention agencies, operating under a waiver, to employ licensed professionals or contract with licensees or entities legally authorized to practice the profession involved, solely for the purpose of conducting a multi-disciplinary evaluation or providing related services to students with disabilities.

New §6503-a(6) would provide that special education schools and early intervention agencies, operating under a waiver, subject to the supervision of the Board of Regents and the Department relating to professional practice, including professional discipline.

Section 5 is the effective date and would provide that for-profit approved special education schools and early intervention agencies would be allowed to continue to operate and provide services until June 30, 2013. On July 1, 2013, these programs would be revoked and terminated, unless the provider was organized and formed in a manner prescribed by law that authorizes the provider to operate and provide the approved programs, as approved by the commissioner of Education.

JUSTIFICATION: This bill would add a new §6503-a and a new §4410(6) and would amend §4410(9) and (9-a) to resolve a series of conflicts between the provisions of Article 89 of Education Law, particularly §4410, as well

as the provisions of Title 2-A of Article 25 of the Public Health Law relating to early intervention programs, and the provisions of Title VIII of Education Law that prohibit licensed professionals from engaging in corporate practice in most professions, particularly in an organization with licensees from other professions. Education Law §6512 makes it a Class E felony for an unlicensed person to practice a licensed profession or hold oneself out as being able to practice a licensed profession. With certain exceptions, such as speech pathology and audiology, corporate practice (practice of a profession by a corporation or other corporate entity) is generally prohibited, particularly where multiple professions are involved.

Education Law §4410 requires that multi-disciplinary evaluations be conducted by approved programs, which in this bill are education corporations, other not-for-profit corporations, or groups of appropriately licensed professionals associated with a public or private agency approved by the Commissioner. It also gives the parent the right to select the approved evaluator. However, §4410 is silent, as is the rest of Article 89 of the Education Law, about how it relates to the ability of approved programs to engage in corporate practice. A similar problem exists for early intervention programs regulated by the Department of Health pursuant to Title 2-A of Article 25 of the public Health Law, where corporations are conducting multi-disciplinary evaluations and providing early intervention services to infants and toddlers with disabilities. In the absence of specific language exempting such special education schools and early intervention agencies from the prohibitions against corporate professional practice, both the schools, agencies, and many licensees are operating in conflict with the laws relating to professional practice and are at risk of prosecution, or in the case of the licensees, of professional discipline.

It is imperative that action be taken to address this conflict in a way that would preserve the ability of approved not-for-profit private schools, 4201 schools and approved preschool providers to continue to deliver related services to students with disabilities and, where applicable, conduct multi-disciplinary evaluations of students suspected of having a disability, and that would preserve the ability of early intervention agencies to conduct multi-disciplinary evaluations and provide early intervention services to infants and toddlers with disabilities. This bill would accomplish that goal, while striking a balance that assures that the policies underlying the laws regulating the licensed professions are preserved. It would do so by authorizing not-for-profit special education schools and early intervention agencies to employ licensed professionals or contract for services from other licensees or entities to conduct multi-disciplinary evaluations or deliver related services to students enrolled in the school, provided that the school or agency obtains a waiver under Education Law §6503-a and thereby becomes subject to supervision by the Regents and the Department under the law governing the professions and subject to professional discipline. This would provide protection against unlawful practice of the professions, while allowing not-for-profit special education schools and early intervention agencies to continue to function without disruption.

New §4410(6) would also codify the Department's past interpretation of Education Law §§6207(2) and 7605(1) that an approved center-based 4410

provider is a school indistinguishable from an elementary or secondary school that is exempted from the practice of speech-language pathology and audiology and psychology pursuant to those sections and is authorized to employ teachers of the speech and hearing handicapped and school psychologists to deliver speech and language and psychological services, respectively. Thus, this bill would maintain: the status quo and allow such providers to continue t.O deliver these services to students enrolled in an approved center-based program without employing or contracting with licensed psychologists or licensed speech-language therapists, just as other approved center-based 4410 providers who serve both preschool children and students with disabilities of School age are clearly authorized to do under any reasonable interpretation of §§ 8207 (2) and 7605(1).

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect June 30, 2010.


Text

STATE OF NEW YORK ________________________________________________________________________ 5954--B 2009-2010 Regular Sessions IN SENATE June 19, 2009 ___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged and said bill committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to special education services and programs for preschool children with handicapping condi- tions, and in relation to waivers for certain special education schools and early intervention agencies; and to repeal subdivision 6 of section 4410 of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 4410 of the education law is REPEALED and a new subdivision 6 is added to read as follows: 6. PROFESSIONAL PRACTICE ISSUES. A. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, APPROVED PROGRAMS OPERATED BY PRIVATE PROVIDERS SHALL BE AUTHORIZED TO EMPLOY LICENSED PROFESSIONALS OR CONTRACT WITH LICENSED PROFESSIONALS OR ENTITIES LEGALLY AUTHORIZED TO PROVIDE PROFES- SIONAL SERVICES IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER. B. AN APPROVED PROGRAM MAY BE FORMED, WITH THE CONSENT OF THE COMMIS- SIONER, AS AN EDUCATION CORPORATION, BUSINESS CORPORATION OR AS A NOT-FOR-PROFIT CORPORATION. IN ADDITION, AN APPROVED PROGRAM OR GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFESSIONALS MAY BE FORMED AS A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY OR AS A FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY IN ACCORDANCE WITH THE APPLICA- BLE PROVISIONS OF ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW OR AS A REGISTERED LIMITED LIABILITY PARTNERSHIP IN ACCORD-
ANCE WITH SECTION 121-1500 OF THE PARTNERSHIP LAW OR AS A NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP IN ACCORDANCE WITH SECTION 121-1502 OF THE PARTNERSHIP LAW. AN APPROVED PROGRAM FORMED AS SUCH A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY OR REGISTERED LIMITED LIABILITY PARTNERSHIP MAY BE AUTHORIZED TO PROVIDE SPECIAL EDUCATION ITINERANT SERVICES OR OTHER EDUCATIONAL SERVICES NOT INVOLVING PRACTICE OF A PROFESSION UNDER TITLE EIGHT OF THIS CHAPTER. AN APPROVED PROGRAM OR GROUP OF PROFESSIONALS FORMED AS SUCH A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY OR REGISTERED LIMITED LIABILITY PARTNERSHIP MAY CONTRACT WITH INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRAC- TICE, OR WITH A PROFESSIONAL SERVICE CORPORATION, PARTNERSHIP OR OTHER ENTITY LEGALLY AUTHORIZED TO PRACTICE ANY PROFESSION UNDER TITLE EIGHT OF THIS CHAPTER IN WHICH THE ENTITY WOULD NOT BE AUTHORIZED TO PROVIDE PROFESSIONAL SERVICES UNDER THE APPLICABLE PROVISIONS OF SECTION TWELVE HUNDRED THREE OR SUBDIVISION (A) OF SECTION THIRTEEN HUNDRED ONE OF THE LIMITED LIABILITY COMPANY LAW OR SECTIONS 121-1500 OR 121-1502 OF THE PARTNERSHIP LAW, SOLELY FOR THE PURPOSES OF CONDUCTING A MULTI-DISCIPLI- NARY EVALUATION OF A PRESCHOOL CHILD SUSPECTED OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A DISABILITY OR PROVIDING RELATED SERVICES SPECI- FIED IN THE INDIVIDUALIZED EDUCATION PROGRAM OF A PRESCHOOL CHILD. C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE EXEMPTION IN SUBDIVISION TWO OF SECTION EIGHTY-TWO HUNDRED SEVEN OF THIS CHAPTER SHALL APPLY TO PERSONS EMPLOYED BY A CENTER-BASED PROGRAM APPROVED PURSUANT TO SUBDIVISION NINE OF THIS SECTION TO PERFORM THE DUTIES OF A SPEECH-LANGUAGE PATHOLOGIST, AUDIOLOGIST, TEACHER OF THE SPEECH AND HEARING IMPAIRED OR TEACHER OF THE DEAF TO STUDENTS ENROLLED IN SUCH APPROVED CENTER-BASED PROGRAM IN THE COURSE OF THEIR EMPLOYMENT. 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 BY A CENTER-BASED PROGRAM APPROVED PURSUANT TO SUBDIVISION NINE OF THIS SECTION AS A SCHOOL PSYCHOLOGIST TO PROVIDE ACTIVITIES, SERVICES AND USE OF THE TITLE PSYCHOLOGIST TO STUDENTS ENROLLED IN SUCH APPROVED CENTER-BASED PROGRAM IN THE COURSE OF THEIR EMPLOYMENT. S 2. Paragraphs b and d of subdivision 9 of section 4410 of the educa- tion law, as amended by chapter 705 of the laws of 1992, are amended to read as follows: b. As part of an application submitted pursuant to paragraph a of this subdivision, a provider of special services or programs shall submit a description of its multi-disciplinary evaluation component, if any, which shall be subject to the approval of the commissioner in accordance with regulations adopted for such purpose after consultation with the appropriate advisory committee. Such components or program may rely in part on formal written agreements or affiliations with appropriately certified or licensed professionals, or agencies employing such profes- sionals, provided that such professionals or agencies perform their responsibilities in conformance with regulations of the commissioner and that providers fully disclose any such arrangements on all applications for program approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES THAT IT SHALL APPLY FOR AND OBTAIN A WAIVER PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER PRIOR TO PROVIDING EVALUATION SERVICES PURSUANT TO SUCH WRITTEN AGREEMENTS OR AFFILIATIONS. Nothing herein shall require a provider of special services or programs to have a multidisciplinary evaluation program. d. Providers may make application to conduct a program that relies on formal written agreements or affiliations with other approved programs
or appropriately certified or licensed professionals, provided that such arrangements are fully disclosed on all applications to the commissioner for program approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES IT SHALL APPLY FOR AND OBTAIN A WAIVER PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER PRIOR TO PROVIDING RELATED SERVICES PURSUANT TO ANY SUCH WRITTEN AGREEMENTS OR AFFILIATIONS INVOLVING LICENSED PROFESSIONALS. S 3. Paragraph (a) of subdivision 9-a of section 4410 of the education law, as added by chapter 82 of the laws of 1995, is 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. 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 [handicapping conditions] DISABILITIES. TO BE ELIGIBLE FOR APPROVAL AS AN EVALUATOR ON AND AFTER JULY FIRST, TWO THOU- SAND TEN, A GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFESSIONALS SHALL BE FORMED AS A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP. THE APPROVAL OF ANY GROUPS OF LICENSED OR CERTI- FIED PROFESSIONALS THAT ARE IN EXISTENCE ON JULY FIRST, TWO THOUSAND TEN AND WOULD NOT BE ELIGIBLE FOR APPROVAL THEREAFTER SHALL TERMINATE ON JULY FIRST, TWO THOUSAND ELEVEN. S 4. The education law is amended by adding a new section 6503-a to read as follows: S 6503-A. WAIVER FOR CERTAIN SPECIAL EDUCATION SCHOOLS AND EARLY INTERVENTION AGENCIES. 1. DEFINITIONS. AS USED IN THIS SECTION: A. "SPECIAL EDUCATION SCHOOL" MEANS AN APPROVED PROGRAM AS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER; AN APPROVED PRIVATE NONRESIDENTIAL OR RESIDENTIAL SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS LOCATED WITHIN THE STATE; A CHILD CARE INSTITUTION AS DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER THAT OPERATES A PRIVATE SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES OR AN INSTITUTION FOR THE DEAF OR BLIND OPER- ATING PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER THAT EITHER: (1) CONDUCTS A MULTI-DISCIPLINARY EVALUATION FOR PURPOSES OF ARTICLES EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER THAT INVOLVES THE PRACTICE OF ONE OR MORE PROFESSIONS FOR WHICH A LICENSE IS REQUIRED PURSUANT TO THIS TITLE AND NO EXCEPTION FROM CORPORATE PRACTICE RESTRICTIONS APPLIES, OR (2) PROVIDES RELATED SERVICES TO STUDENTS ENROLLED IN THE SCHOOL OR APPROVED PROGRAM THAT INVOLVES THE PRACTICE OF ONE OR MORE PROFESSIONS FOR WHICH A LICENSE IS REQUIRED PURSUANT TO THIS TITLE AND NO EXCEPTION FROM PRACTICE RESTRICTIONS APPLIES. SUCH TERM SHALL NOT INCLUDE A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MUNICIPALITY, STATE
AGENCY OR OTHER PUBLIC ENTITY. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A CHILD CARE INSTITUTION THAT CONDUCTS MULTI-DISCI- PLINARY EVALUATIONS OR PROVIDES RELATED SERVICES THROUGH AN APPROVED PRIVATE NONRESIDENTIAL SCHOOL OPERATED BY SUCH CHILD CARE INSTITUTION TO OBTAIN A WAIVER, PROVIDED THAT SUCH SCHOOL OBTAINS A WAIVER PURSUANT TO THIS SECTION. B. "EARLY INTERVENTION AGENCY" FOR PURPOSES OF THIS SECTION MEANS AN AGENCY WHICH IS APPROVED OR IS SEEKING APPROVAL IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW TO DELIVER EARLY INTERVENTION PROGRAM MULTI-DISCIPLINARY EVALUATIONS, SERVICE COORDI- NATION SERVICES AND EARLY INTERVENTION PROGRAM SERVICES, AND IS LAWFULLY OPERATED BY A NOT-FOR-PROFIT CORPORATION OR PROFESSIONAL SERVICES ORGAN- IZATION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPO- RATION LAW, ARTICLE TWELVE OF THE LIMITED LIABILITY LAW AND ARTICLE EIGHT-B OF THE PARTNERSHIP LAW. C. "EARLY INTERVENTION PROGRAM SERVICES" MEANS EARLY INTERVENTION SERVICES AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED FORTY-ONE OF THE PUBLIC HEALTH LAW THAT ARE PROVIDED UNDER THE EARLY INTERVENTION PROGRAM AND AUTHORIZED IN AN ELIGIBLE CHILD'S INDIVIDUAL- IZED FAMILY SERVICES PLAN. D. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF A SPECIAL EDUCATION SCHOOL MEANS A MULTI-DISCIPLINARY EVALUATION OF A PRESCHOOL CHILD SUSPECTED OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A DISABILITY THAT IS CONDUCTED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER OR AN EVALUATION OF A SCHOOL-AGE CHILD SUSPECTED OF HAVING A DISABILITY OR WITH A DISABILITY WHICH IS CONDUCTED BY A CHILD CARE INSTITUTION THAT OPERATES A SPECIAL EDUCATION SCHOOL OR THE SPECIAL EDUCATION SCHOOL OPERATED BY SUCH INSTITUTION PURSUANT TO SUBDIVISION THREE OF SECTION FOUR THOUSAND TWO OF THIS CHAPTER OR BY AN INSTITUTION FOR THE DEAF OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER OR AN EVALUATION OF A SCHOOL-AGE CHILD SUSPECTED OF HAVING A DISABILITY OR WITH A DISABILITY THAT IS AUTHORIZED TO BE CONDUCTED BY A SPECIAL EDUCATION SCHOOL PURSUANT TO ANY OTHER PROVISION OF THIS CHAPTER AND THE REGULATIONS OF THE COMMISSIONER FOR PURPOSES OF IDENTIFICATION OF THE CHILD AS A CHILD WITH A DISABILITY OR THE DEVELOPMENT OF AN INDI- VIDUALIZED EDUCATION PROGRAM FOR THE CHILD. E. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF THE EARLY INTER- VENTION PROGRAM MEANS A PROFESSIONAL, OBJECTIVE ASSESSMENT CONDUCTED BY APPROPRIATELY QUALIFIED PERSONNEL IN ACCORDANCE WITH SECTION TWENTY-FIVE HUNDRED FORTY-FOUR OF THE PUBLIC HEALTH LAW AND ITS IMPLEMENTING REGU- LATIONS TO DETERMINE A CHILD'S ELIGIBILITY FOR EARLY INTERVENTION PROGRAM SERVICES. F. "RELATED SERVICES" MEANS RELATED SERVICES AS DEFINED IN PARAGRAPH G OF SUBDIVISION TWO OF SECTION FOUR THOUSAND TWO, PARAGRAPH K OF SUBDIVI- SION TWO OF SECTION FORTY-FOUR HUNDRED ONE, OR PARAGRAPH J OF SUBDIVI- SION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER PROVIDED TO A CHILD WITH A DISABILITY PURSUANT TO SUCH CHILD'S INDIVIDUALIZED EDUCA- TION PROGRAM. 2. WAIVER. A. NO SPECIAL EDUCATION SCHOOL MAY EMPLOY INDIVIDUALS LICENSED PURSUANT TO THIS ARTICLE TO CONDUCT COMPONENTS OF A MULTI-DIS- CIPLINARY EVALUATION OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED OF HAVING A DISABILITY OR TO PROVIDE RELATED SERVICES TO CHILDREN WITH DISABILITIES ENROLLED IN THE SCHOOL, AND NO SPECIAL EDUCATION SCHOOL MAY PROVIDE SUCH AN EVALUATION COMPONENT OR RELATED SERVICES BY CONTRACT WITH AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT TO THIS ARTICLE OR WITH A PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY, OR REGISTERED LIMITED LIABILITY PART- NERSHIP AUTHORIZED BY LAW TO PROVIDE PROFESSIONAL SERVICES, UNLESS SUCH SCHOOL OBTAINS A WAIVER PURSUANT TO THIS SECTION. ALL SPECIAL EDUCATION SCHOOLS APPROVED BY THE COMMISSIONER AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED OPERATING UNDER A WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON SUCH EFFECTIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND ELEVEN. B. NO EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT WITH INDIVID- UALS LICENSED PURSUANT TO THIS ARTICLE OR WITH A PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, PARTNERSHIP OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHORIZED BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL SERVICES, TO CONDUCT AN EARLY INTERVENTION PROGRAM MULTI-DISCIPLINARY EVALUATION, PROVIDE SERVICE COORDINATION SERVICES OR EARLY INTERVENTION PROGRAM SERVICES UNLESS SUCH AGENCY HAS OBTAINED A WAIVER PURSUANT TO THIS SECTION AND HAS BEEN APPROVED IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW AS AN EARLY INTERVENTION PROGRAM PROVIDER. ALL EARLY INTERVENTION AGENCIES IN EXISTENCE AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED TO BE OPERATING UNDER A WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON SUCH EFFECTIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND ELEVEN. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN EARLY INTERVENTION AGENCY TO OPERATE UNDER A WAIVER IN ACCORDANCE WITH THIS SECTION PROVIDED THAT IT IS OTHERWISE AUTHORIZED BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL SERVICES. 3. OBTAINING A WAIVER. A. A SPECIAL EDUCATION SCHOOL AND EARLY INTER- VENTION AGENCY SHALL OBTAIN AN APPLICATION FOR A WAIVER ON A FORM PRESCRIBED BY THE DEPARTMENT. B. WITHIN ONE HUNDRED TWENTY DAYS AFTER THE COMMISSIONER PRESCRIBES THE APPLICATION FORM AND POSTS NOTICE OF ITS AVAILABILITY ON THE DEPART- MENT'S WEBSITE, A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY MUST APPLY FOR A WAIVER. UPON SUBMISSION OF SUCH APPLICATION, THE SCHOOL OR AGENCY MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE DEPART- MENT SHALL EITHER DENY OR APPROVE THE APPLICATION. AFTER THE DEPARTMENT RENDERS A TIMELY INITIAL DETERMINATION THAT THE APPLICANT HAS SUBMITTED THE INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS OF PARAGRAPHS C, D AND E OF THIS SUBDIVISION ARE SATISFIED, APPLICATIONS FOR WAIVERS SHALL BE APPROVED OR DENIED WITHIN NINETY DAYS, PROVIDED HOWEVER THAT IF THE WAIVER APPLICATION IS DENIED THE SCHOOL OR AGENCY SHALL CEASE PROVIDING SERVICES PURSUANT TO THIS SUBDIVISION IN THE STATE OF NEW YORK. C. SUCH WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT TO THIS SECTION, DIRECTLY OR INDIRECTLY, SHALL BE PROVIDED ONLY BY A PERSON APPROPRIATELY LICENSED, EXCEPT AS OTHERWISE PROVIDED IN LAW, TO PROVIDE SUCH SERVICES OR BY A PROFESSIONAL SERVICES ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES. D. AN APPLICATION FOR A WAIVER TO PROVIDE SERVICES PURSUANT TO THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH APPLICA- TION SHALL INCLUDE: (I) THE NAME OF THE SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY; (II) THE NAMES OF THE DIRECTORS AND OFFICERS OF SUCH SCHOOL OR AGENCY; (III) A LISTING OF ANY OTHER JURISDICTIONS WHERE SUCH SCHOOL OR AGENCY MAY PROVIDE SERVICES; AND (IV) AN ATTESTATION MADE BY AN OFFICER AUTHORIZED BY SUCH SCHOOL OR AGENCY TO MAKE SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF SERVICES TO BE PROVIDED; INCLUDES A LIST OF PROFESSIONS UNDER THIS TITLE IN WHICH
PROFESSIONAL SERVICES WILL BE PROVIDED BY SUCH SCHOOL OR AGENCY; INCLUDES A STATEMENT THAT, UNLESS OTHERWISE AUTHORIZED BY LAW, THE SCHOOL OR AGENCY SHALL ONLY PROVIDE SERVICES AUTHORIZED UNDER THIS SECTION; INCLUDES A STATEMENT THAT ONLY A LICENSED PROFESSIONAL, A PERSON OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES, OR A PROFESSIONAL SERVICES ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE SUCH SERVICES AS AUTHORIZED UNDER THIS SECTION; AND ATTESTS TO THE ADEQUACY OF THE SCHOOL'S OR AGENCY'S FISCAL AND FINANCIAL RESOURCES TO PROVIDE SUCH SERVICES. SUCH APPLICATION SHALL ALSO INCLUDE ANY OTHER INFORMATION RELATED TO THE APPLICATION AS MAY BE REQUIRED BY THE DEPART- MENT. E. EACH OFFICER AND DIRECTOR OF SUCH SCHOOL OR AGENCY SHALL PROVIDE AN ATTESTATION REGARDING HIS OR HER GOOD MORAL CHARACTER AS REQUIRED PURSU- ANT TO PARAGRAPH G OF THIS SUBDIVISION. SUCH STATEMENT SHALL SET FORTH ANY CRIMINAL CONVICTIONS, PENDING CRIMINAL CHARGES, DETERMINATIONS OF PROFESSIONAL MISCONDUCT, PENDING CHARGES OF PROFESSIONAL MISCONDUCT, OR ANY LIMITATIONS ON PROFESSIONAL PRACTICE. THE COMMISSIONER SHALL BE FURTHER AUTHORIZED TO PROMULGATE RULES OR REGULATIONS RELATING TO THE STANDARDS OF THE WAIVER FOR SPECIAL EDUCATION SCHOOLS AND EARLY INTER- VENTION AGENCIES PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL INCLUDE STANDARDS RELATING TO THE SCHOOL'S OR AGENCY'S ABILITY TO PROVIDE SERVICES, THE SCHOOL'S OR AGENCY'S MAINTENANCE OF PATIENT AND BUSINESS RECORDS, THE SCHOOL'S OR AGENCY'S FISCAL POLICIES, AND SUCH OTHER STANDARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER. F. THE SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING PURSUANT TO A WAIVER SHALL DISPLAY, AT EACH SITE WHERE SERVICES ARE PROVIDED TO THE PUBLIC, A CERTIFICATE OF SUCH WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO THIS SECTION, WHICH SHALL CONTAIN THE NAME OF THE SCHOOL OR AGENCY AND THE ADDRESS OF THE SITE. SUCH SCHOOLS OR AGENCIES SHALL OBTAIN FROM THE DEPARTMENT ADDITIONAL CERTIFICATES FOR EACH SITE AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC. EACH SCHOOL OR AGENCY SHALL BE REQUIRED TO RE-APPLY FOR A WAIVER EVERY THREE YEARS. AN EARLY INTERVENTION AGENCY'S WAIVER SHALL NOT BE RENEWED UNLESS THE AGENCY IS APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DISCIPLI- NARY EVALUATIONS, SERVICE COORDINATION OR EARLY INTERVENTION PROGRAM SERVICES IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, IF ANY INFORMATION SUPPLIED TO THE DEPARTMENT REGARDING THE SCHOOL OR AGENCY SHALL CHANGE, THE SCHOOL OR AGENCY SHALL BE REQUIRED TO PROVIDE SUCH UPDATED INFORMATION TO THE DEPARTMENT WITHIN SIXTY DAYS. G. ALL OFFICERS AND DIRECTORS OF SUCH SCHOOLS OR AGENCIES SHALL BE OF GOOD MORAL CHARACTER. SCHOOLS OR AGENCIES OPERATING PURSUANT TO A WAIVER AND THEIR OFFICERS AND DIRECTORS SHALL BE ENTITLED TO THE SAME DUE PROC- ESS PROCEDURES AS ARE PROVIDED TO SUCH INDIVIDUALS AND PROFESSIONAL SERVICES CORPORATIONS. NO WAIVER ISSUED UNDER THIS SECTION SHALL BE TRANSFERABLE OR ASSIGNABLE, AS SUCH TERMS ARE DEFINED IN THE REGULATIONS OF THE COMMISSIONER. 4. CHANGE OF LOCATION. IN THE EVENT THAT A CHANGE IN THE LOCATION OF THE CHIEF ADMINISTRATIVE OFFICES OF A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY IS CONTEMPLATED, THE OWNER SHALL NOTIFY THE OFFICE OF PROFESSIONS OF THE DEPARTMENT OF THE CHANGE OF LOCATION AT LEAST THIRTY DAYS PRIOR TO RELOCATION. 5. PROFESSIONAL PRACTICE. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A SPECIAL EDUCATION SCHOOL OPERATING UNDER A WAIVER MAY EMPLOY INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ANY
PROFESSION PURSUANT TO THIS ARTICLE TO CONDUCT COMPONENTS OF A MULTI-DISCIPLINARY EVALUATION OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED OF HAVING A DISABILITY OR TO PROVIDE RELATED SERVICES TO CHIL- DREN WITH DISABILITIES ENROLLED IN THE SCHOOL OR MAY PROVIDE COMPONENTS OF SUCH AN EVALUATION OR SUCH RELATED SERVICES BY CONTRACT WITH AN INDI- VIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT TO THIS ARTICLE OR A PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, PARTNERSHIP OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHORIZED BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL SERVICES. B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AN EARLY INTERVENTION AGENCY OPERATING UNDER A WAIVER THAT IS APPROVED IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW MAY EMPLOY OR CONTRACT WITH INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ANY PROFESSION PURSUANT TO THIS ARTICLE OR WITH A PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, PARTNERSHIP OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHOR- IZED TO CONDUCT EARLY INTERVENTION PROGRAM MULTI-DISCIPLINARY EVALU- ATIONS, PROVIDE SERVICE COORDINATION SERVICES AND EARLY INTERVENTION PROGRAM SERVICES. C. A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING UNDER A WAIVER SHALL NOT PRACTICE ANY PROFESSION LICENSED PURSUANT TO THIS TITLE OR HOLD ITSELF OUT TO THE PUBLIC AS AUTHORIZED TO PROVIDE PROFESSIONAL SERVICES PURSUANT TO THIS TITLE EXCEPT AS AUTHORIZED BY THIS SECTION OR OTHERWISE AUTHORIZED BY LAW. 6. SUPERVISION OF PROFESSIONAL PRACTICE. A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY SHALL BE UNDER THE SUPERVISION OF THE REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK AND BE SUBJECT TO DISCIPLI- NARY PROCEEDINGS AND PENALTIES. A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING UNDER A WAIVER SHALL BE SUBJECT TO SUSPEN- SION, REVOCATION OR ANNULMENT FOR CAUSE, IN THE SAME MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH RESPECT TO INDIVIDUALS AND THEIR LICENSES, CERTIFICATES, AND REGISTRATIONS IN THE PROVISIONS OF THIS TITLE RELATING TO THE APPLICABLE PROFESSION. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY THAT CONDUCTS OR CONTRACTS FOR A COMPONENT OF A MULTI-DISCIPLINARY EVALUATION THAT INVOLVES THE PRACTICE OF MEDICINE SHALL BE SUBJECT TO THE PRE-HEARING PROCEDURES AND HEARING PROCEDURES AS IS PROVIDED WITH RESPECT TO INDIVIDUAL PHYSICIANS AND THEIR LICENSES IN TITLE TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON REVOCATION OR OTHER TERMINATION BY THE COMMISSIONER OF APPROVAL OF THE SPECIAL EDUCATION SCHOOL PURSUANT TO ARTICLE EIGHTY-NINE OF THIS CHAPTER AND THE REGU- LATIONS OF THE COMMISSIONER IMPLEMENTING SUCH ARTICLE OR OF THE EARLY INTERVENTION AGENCY PURSUANT TO TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND IMPLEMENTING REGULATIONS, THE SCHOOL'S OR EARLY INTERVENTION AGENCY'S WAIVER PURSUANT TO THIS SECTION SHALL BE DEEMED REVOKED AND ANNULLED. S 5. Notwithstanding any laws to the contrary, a provider of a program approved pursuant to subdivision 9 of section 4410 of the education law that, prior to the effective date of this act, was organized as a for- profit business entity and that is not qualified to receive a waiver pursuant to the provisions of this act, shall continue to operate and provide services pursuant to the approved program for a period up to and ending on June 30, 2013. Commencing on July 1, 2013, the approval of such provider to operate the program shall be deemed revoked and termi-
nated, unless the provider is organized or formed in a manner prescribed by law that authorizes the provider to operate and provide the approved program, as approved by the commissioner of education. S 6. This act shall take effect June 30, 2010.

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