NY State Senate Bill 2011-S6688

Archive: Last Bill Status - In Senate Committee Finance 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2012	reported and committed to finance
Mar 09, 2012	referred to education

Votes

- Jun 5, 2012 - Education Committee Vote
  S6688
  
  14
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Jun 5, 2012
      
      aye (14)
      
      Avella
      
      Breslin
      
      Flanagan
      
      Huntley
      
      LaValle
      
      Lanza
      
      Marcellino
      
      Maziarz
      
      Oppenheimer
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Seward
      
      Stavisky
      
      aye wr (3)
      
      Addabbo Jr.
      
      Montgomery
      
      Serrano
      
      excused (1)
      
      Farley

2011-S6688 (ACTIVE) - Details

See Assembly Version of this Bill:: A10290
Current Committee:: Senate Finance
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-S6688 (ACTIVE) - Summary

Relates to mandate relief for school districts and other educational entities.

2011-S6688 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6688

TITLE OF BILL:

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 requirements; to amend the
education law, in relation to eliminating the requirement for written
parental consent prior to initial placement of a student with a disabil-
ity in a July/August program; to amend the education law, in relation to
transportation of students with disabilities 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 disability; 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 coop-
erative 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 vehicle
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 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 subpar-
agraph 1 of paragraph b of subdivision 1 of section 4402 of the educa-
tion 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 declassi-
fication 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

PURPOSE OF THE BILL:

The proposed legislation would eliminate or reduce a significant number
of legislative mandates and provide greater flexibility relating to
transportation, educational management services and special education
requirements.

SUMMARY OF THE PROVISIONS OF THE BILL:

Section 1 would amend §810 of the education law to eliminate the
requirement that public schools assemble their students on Conservation
Day to provide instructionally related activities related to conserva-
tion. Instead, this section provides districts with flexibility in cele-
brating Earth Day.

Section 2 would add a new paragraph to § 1950(4) of the education law to
clarify that BOCES have the authority to contract for telecommunications
equipment on behalf of their component school districts.

Section 3 would add a new subdivision to §3035 of the education law to
eliminate duplicative fingerprints for school bus drivers. Currently,
the State requires a second set of fingerprints for school bus drivers
who have already been certified under §509-cc of the vehicle and traffic
law. This section also authorizes the Division of Criminal Justice to
provide subsequent criminal history notifications directly to the
Commissioner upon notification that a prospective employee has been
cleared for employment.

Section 4 would repeal §3641(4)(d) to eliminate state requirements for
reporting beyond the federal requirements of the Asbestos Hazard Emer-
gency Response Act (AHERA).

Sections 5 and 5-a would amend §305(14)(a) of the education law to
authorize that certain contracts may be advertised in the state's
procurement opportunities newsletter in accordance with article 4-C of
the economic development law and to eliminate the that contracts for the
maintenance and operation of cafeteria or restaurant services be compet-
itively bid.

Section 6 would amend §305(14)(e) of the education law and section 9
would amend § 103(1-c) of the general municipal law to allow for trans-
portation and cafeteria contracts to be awarded through a request for
proposals process based on "best value". Currently, State law requires
the awarding of school district contracts to lowest, responsible
bidders. For complex technical and service contracts, this would allow
districts to consider other factors in awarding contracts. This might
include costs, such as conversion costs, rather than solely the price
bid for a product.

Section 7 would amend §305(l4) of the education law to add a new para-
graph (g) to authorize the piggybacking of transportation contracts

between districts that contract with a private transportation contrac-
tor.

Section 8 would amend § 103(1-b) of the general municipal law to expand
a district's ability to purchase goods and services under general
services administration contracts.

Sections 10 and 10-a would amend § 103(2) of the general municipal law
to provide local governments with the option of advertising procurement
bids in the state's opportunities newsletter.

Section 11 would amend §6-0107(1) of the environmental conservation law
to eliminate compliance with the smart growth legislation adopted as
Chapter 433 of the Laws of 2010 for reconstruction projects, reno-
vations, repairs or improvements 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 popu-
lation of more than 125,000 inhabitants.

Section 12 would amend §375(20) of the vehicle and traffic law to elimi-
nate the requirement for back-lit school bus signs. This would encourage
districts to replace such back-lit school bus signs with federally
compliant reflective materials, consistent with the provision currently
in place in 48 out of 50 states. This section does not require the
retrofitting of school buses purchased prior to the effective date of
this act.

Section 13 would repeal §353(15) of the executive law which requires
school districts to provide a form to parents of certain children with
disabilities who are veterans of the Vietnam war for a report to the
Division of Veterans' Affairs for research purposes.

Section 14 would authorize a study of the feasibility and desirability
of authorizing school districts and boards of cooperative educational
services (BOCES) to enter national credit card contracts as a cost-sav-
ing measure, with appropriate safeguards. Such contracts could poten-
tially provide cost savings or revenues for districts, particularly
where rebates are offered based on volume of purchases.

Section 15 would repeal § 1950(17) of the education law to eliminate the
requirement for five-year BOCES special education space requirement
plans.

Section 16 would amend §2215 of the education law by adding a new subdi-
vision 17 to replace the BOCES special education space plan requirement
with a general provision that school districts and BOCES must 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.

Section 17 would amend §2590-b(4)(b)(2) and sections 18 and 18-a would
amend §2853(4)(a) of the education law to make conforming changes to
remove references to subcommittees on special education.

Section 19 would amend §3602-c of the education law to clarify the defi-
nition of services and provide that special education services for such
students do not include special classes or integrated co-teaching. The
bill would clarify that responsibilities for July and August services
are though the students' school district of location. This provision
would also change the date from June 1 to April 1 for a parent to
request special education services. Finally, the section would make
mediation mandatory where due process complaints are sought prior to any
request for an impartial hearing.

Section 20 would amend §3602-c(7) of the education law to establish
regional rate methodologies for billing to districts for costs of
services, evaluations and special education administration.

Section 21 would amend §3604(8) of the education law to allow districts
to schedule superintendent conference days in the last weeks of August
to provide flexibility to districts with regard to meeting their
requirement to hold 180 regular days of session. This amendment would
not alter the responsibility of the school district to provide transpor-
tation to non-public elementary and secondary schools or charter
schools.

Section 22 would amend §4002(2)(e) to remove references to the Commis-
sioner of Education's authority to appoint students to state-supported
schools.

Section 23 would amend §4201 of the education law to remove the authori-
ty of the commissioner of education to make appointments to state-sup-
ported schools.

Section 24 of the bill would amend §4203 of the education law and
section 25 would amend §4204(3) of the education law to remove refer-
ences to the Commissioner of Education's authority to appoint student to
state-supported schools and to clarify that placement of pupils to
institutions for instruction of the deaf may be recommended by the
committee on special education, or committee on preschool special educa-
tion where applicable, of the school district responsible for educating
the pupil, and may include the provision of special education programs
and services in July or August in accordance with the provisions of
§4402(2)(a).

Section 26 would amend §4206 of the education law to remove references
to the Commissioner of Education's authority to appoint students to
institutions for the instruction of the blind and would clarify that
placement in such institutions may be recommended by the committee on
special education, or committee on preschool special education where
applicable, of the school district responsible for educating such pupil,

and may include the provision of special education programs and services
in July or August in accordance with the provisions of §4402(2)(a).

Section 27 would amend §4207 of the education law to remove the Commis-
sioner of Education's authority for appointments to the New York Insti-
tute for Special Education and provides that the committee on special
education of the school district responsible for the education of the
pupil, with the consent of the trustees of the New York Institute for
Special Education has the authority to recommend extension of the term
of any pupil attending the institution.

Section 28 would amend §4213 of the education law to conform language
and remove references of appointments to the New York Institute for
Special Education.

Section 29 would amend §4401(2) of the education law, section 31 would
amend §4402(2)(b)(2) of the education law and section 35 would amend
§4403(17) of the education law to conform language and remove references
of appointments by the Commissioner of Education to state-supported
schools.

Section 30 and 30-a would amend §4402(1)(b)(2), section 32 would amend
§4402(1)(b) (3-a) and section 34 would amend §4403(8) and (9) of the
education law to make conforming changes to remove references to subcom-
mittees on special education.

Section 33 would repeal §4402(1)(b)(3)(h) of the education law to remove
the requirement to file certain reports on students with disabilities
who are the children of Vietnam Veterans.

Section 36 would amend §4402(1)(b)(1)(a), (b) and (c) of the education
law to eliminate the requirement that the committee on special education
membership must include an additional parent of a student with a disa-
bility and a school physician. This section would also limit the manda-
tory requirement for a school psychologist to serve on the committee on
special education, to those meetings which determine a student's initial
eligibility for special education services.

Section 37 would repeal §4402(1)(b)(1)(d) of the education law relating
to subcommittees on special education.

Section 38 would repeal §4402(1)(b)(3)(d-2) of the education law requir-
ing boards of education to develop plans and policies for appropriate
declassification of students with disabilities.

Section 39 would amend §4402(1)(b)(5) and (7) of the education law to
eliminate the requirement that the committee on special education or
multidisciplinary team provide written notice that a child placed in a
residential program in not entitled to receive tuition free educational
services after the age of 21 or upon receipt of a high school diploma.
Instead, this section would provide, at the first annual review of a
student with a disability placed in a residential program or a student

determined by the committee on special education or multidisciplinary
team likely to require adult residential services after the student has
attained the age of 18, for the development of adult service recommenda-
tions. Upon consent of the student's parents or the student themselves
if over the age of 18, the committee on special education or the multi-
disciplinary team shall invite representatives from the Office of Mental
Health (OMH) or the Office for People with Developmental Disabilities
(OPWDD) to participate in such recommendations and upon consented
release of the student's information, refer the student to the appropri-
ate public agency for services.

Section 40 would amend §4402(2)(a) of the education law to remove the
requirement that school districts obtain the written consent of the
parent prior to the initial placement of the student in a July/August
program recommended by the committee on special education.

Section 41 would amend §4402(4)(d) of the education law to provide that
where the board of education of a student's school district of residence
provides transportation up to a distance of fifty miles to and from a
nonpublic school which a student identified with a disability attends
for the purpose of receiving services or programs from the non-public
school which are similar to special education programs and services
recommended for the student by the district of residence, the student
would not be entitled to special education programs and services from
the school district of location pursuant to §3602-c of the education
law.

Section 42 would repeal §4403(18) of the education law which requires
the Commissioner of Education to approve the provision of early inter-
vention services by approved preschool providers.

Section 43 would amend §4404(1)(a) of the education law to provide that
a due process hearing must be requested within one year of the date the
parent or district had knowledge of the underlying issue with an excep-
tion that for parents seeking tuition reimbursement such request must be
made within 180 days of the date the parent placed his/her child in the
private school.

Section 44 would amend §4410(3)(a)(1) of the education law to repeal the
requirement that the committee on preschool special education membership
must include an additional parent of a child with a disability whose
child is enrolled in a preschool or elementary level education program.

Section 45 would amend §4410(4)(b) of the education law to repeal the
requirement that the parent selects the preschool evaluator. The bill
would replace this provision with the requirement that each board shall,
within the time limits established by the commissioner, be responsible
for providing the parent of a preschool child suspected of having a
disability, with a list of approved evaluators in the geographic area.
This section would also require that the school district consider the
parent's expressed preference, if any, in the selection of the evalu-
ator.

Section 46 would amend §4410(9-a) of the education law to establish that
all school districts are approved evaluators of preschool students
suspected of having a disability without the need to submit an applica-
tion to the state education department.

Section 47 would amend §4410-b(1)(c) of the education law to conform
language and remove references to subcommittees on special education.

Section 48 is the effective date. This section also provides that noth-
ing in section 12 shall be construed to require the retrofitting of
school buses purchased prior to the effective date of the act.

STATEMENT IN SUPPORT OF THE BILL:

As school districts adjust to the tax cap and the loss of federal and
state funds, mandate relief becomes vital in order to preserve funding
for critical priorities. While many mandates were originally enacted to
enhance the rights, protections and performance of students and the
fiscal accountability of school districts, not all mandates have
produced their intended results. In these fiscal times, it is imperative
that a thoughtful and targeted series of changes be made to repeal
mandates that have grown too burdensome and costly and which are not
essential to improving results for students.

The proposed legislation would eliminate or reduce a significant number
of legislative mandates and provide greater flexibility relating to
transportation, educational management services and special education.

Transportation Mandate Relief

The bill amends §3035 of the education law to eliminate duplicative
fingerprints for school bus drivers. Currently, the State requires a
second set of fingerprints for school bus drivers who have already been
certified under §509-cc of the vehicle and traffic law. This provision
would authorize the Department of Motor Vehicles to forward a copy of a
prospective employee's criminal history record and fingerprints to the
commissioner of education to complete the Department's review of the
prospective employee. Upon notification that the employee has been
cleared for employment by the commissioner, the Division of Criminal
Justice Services would have the authority to provide any additional
subsequent criminal history notifications directly to the commissioner.

Proposed amendments to §305(14)(a) of the education law would authorize
contracts for the transportation of school children, to maintain school
buses owned or leased by a school district, contracts for mobile
instructional units, and contracts to provide, maintain and operate
cafeteria or restaurant service by a private food service management
company to be advertised in the state's procurement opportunities news-
letter in accordance with article 4-C of the economic development law.
This is anticipated to provide greater visibility for procurement oppor-
tunities and as a result, increase competition and ultimately result in
anticipated cost-savings to the district.

Section 375(20) of the Vehicle and Traffic Law would be amended to elim-
inate the requirement for back-lit school bus signs. This would encour-
age districts to replace such back-lit school bus signs with federally
compliant reflective materials, consistent with the provision currently
in place in 48 out of 50 states. This provision would not require school
buses purchased prior to the effective date of this act, to be retro-
fitted to comply with this provision.

Educational Management Services Mandate Relief

The proposed legislation would provide operational efficiencies for
Boards of Cooperative Educational Services (BOCES) and school districts.

Currently, BOCES can operate service school district equipment used for
telecommunications, and technology services and computer networks, and
can engage in cooperative purchasing. Several BOCES already offer the
ability to contract for telecommunications on behalf of their component
districts as a Cooperative Service (CoSer).  When procuring high-tech
equipment, this act would allow BOCES to coordinate contracts for these
purchases on one or more school districts behalf, ensuring that the
school district equipment is compatible with BOCES telecommunication and
network equipment and allowing BOCES and district personnel to effi-
ciently service the equipment.

Amendments to §305(14)(e) of the education law and §103 of the general
municipal law would eliminate the requirement that contracts for mainte-
nance and operation of cafeteria or restaurant services be competitively
bid. Instead, this act would allow these contracts and transportation
contracts to be awarded through a request for proposals process by "best
value".  Currently, State law stipulates that school district contracts
be awarded to the lowest, responsible bidder. For complex technical and
service contracts, this would allow districts to consider other factors
in awarding contracts. This might include costs, such as conversion
costs, rather than solely the price bid for a product.  Section 103 of
the general municipal law is also amended to provide school districts
with the option of publishing procurement notices in the Contract Repor-
ter instead of publishing in newspapers. Under current law districts are
required to advertise in official newspapers designated by the board of
education when placing legal notices.  This option would reduce adver-
tising costs and provide access to a greater audience leading to greater
interest and ultimately better pricing for districts.

The proposed amendments to §305(14) of the Education Law and §103(1-b)
of the General Municipal would expand a school district and/or BOCES
authority to purchase goods and services under a general services admin-
istration contract and authorize the piggybacking of transportation
contracts between districts that contract with a private transportation
contractor.  These amendments would create efficiencies and cost-savings
to districts and BOCES across the State.

The bill would authorize a study of the feasibility and desirability of
authorizing school districts and BOCES to enter national credit card

contracts as a cost-saving measure, with appropriate safeguards.  Such
contracts could potentially provide cost savings or revenues for
districts, particularly where rebates are offered based on volume of
purchases.

Education law §3641(4)(d) is repealed to eliminate state requirements
for reporting beyond the federal requirements of the Asbestos Hazard
Emergency Response Act (AHERA).  AHERA requires all public and non-publ-
ic elementary schools to develop and implement measures to determine if
asbestos is present and how to manage and safely monitor it over time.
The state has enacted additional laws over and above the federal
mandate. The capital planning process already provides safeguards for
testing for asbestos and other hazardous materials, requires that
districts hire professional consultants to conduct the process and that
all work be carried out in accordance with code. As asbestos monitoring
and compliance with AHERA is a federal responsibility administered by
the EPA, safeguards are already in place and enactment of this provision
would reduce a duplicative burden upon the department and school
districts.

The bill also eliminates the mandate for school districts to observe
Conservation Day and assemble students and provide instructionally
related activities on that day. Instead, the bill replaces Conservation
Day with Earth Day and gives districts the flexibility to find the best
utilization of their curriculum and resources to embed instruction
related to the earth's natural environment sometime during the academic
year of instruction.

Finally, section 6-0107(1) of the environmental conservation law is
amended to eliminate compliance with the "Small Growth" legislation
enacted pursuant to Chapter 433 of the Laws of 2010 for improvements to
existing structures. Under current statute, all school districts must
conduct "Smart Growth Impact Statements" to ensure capital construction
projects are aligned with recently developed smart growth criteria to
avoid urban sprawl and reduce urban blight.

The first criterion of the "Smart Growth Criteria" is to encourage the
reuse of existing infrastructure thereby negating need for new develop-
ment. Since nearly 95% of school projects involve the rehabilitation of
existing facilities for continued use as schools, the bill eliminates an
onerous and unnecessary mandate on districts and State Education Depart-
ment staff by eliminating "Smart Growth Impact Statements."

Special Education Mandate Relief

The repeal and amendments to the special education provisions recom-
mended in this legislation will provide both potential cost savings as
well as necessary relief from administrative tasks and increased flexi-
bility on how schools may best utilize their existing resources while
continuing to provide procedural protections and ensure that students
with disabilities receive a free appropriate public education as
required by federal law.

The proposed amendment to education law § 1950(17) would eliminate the
requirement for five-year BOCES special education space requirement
plans and would replace this requirement with a general provision that
school districts and BOCES must ensure the stability and continuity of
program placements for students with disabilities, including procedures
that ensure that special education programs and services located in
appropriate facilities will not be relocated without adequate consider-
ation of the needs of participating students with disabilities.  The
repeal of the BOCES space planning requirements is likely to result in
an estimated $1 million savings to the State, BOCES and school districts
over five years. Factors considered include costs associated with 32
space plans developed once every five years but updated and approved
annually which include BOCES and multi-district participation in plan-
ning meetings, data collection and analysis, report development and SED
review and approval.

The proposed amendments to §3602-c of the education law relating to the
provision of special education to parentally-placed nonpublic schools
are based on recommendations made by a group of representatives of
nonpublic school, parents, teachers, superintendents of schools, school
administrators and school board members convened by SED to discuss how
changes to state law would result in time, cost and service provision
efficiencies, while balancing the need of school districts to avoid
unnecessary costs, reduce disputes over billing issues and due process
complaints and have timely notice that districts need to budget and make
arrangement for services to dually enrolled students with disabilities.
Specifically, the bill would clarify the definition of education
services and provide that special education services for such students
do not include special classes or integrated co-teaching; clarify that
responsibilities for July and August services are through students'
school district of location; change the date from June 1 to April 1 for
a parent to request special education services from the district of
location; specify that if a student is first identified as a student
with a disability after June 1, the parent would have 30 day s from the
development of the individualized education services program (IESP) to
file a request for services with the district of location. To address
concerns that too many disputes under Education Law §3602-c are proceed-
ing to due process hearings which are costly to school districts and
burdensome on both school districts and parents, this bill would make
mediation mandatory where due process complaints are sought prior to any
request for an impartial hearing and require the commissioner to estab-
lish a timeframe under which the mediation session must be conducted so
as not to delay a parent's right to due process.

This bill would also authorize the commissioner of education to estab-
lish regional rate methodologies that districts may use for billing to
districts for costs of services, evaluations and special education
administration for parentally-placed students with disabilities. School
districts of location would be able to elect to use these rate methodol-
ogies to compute regional rates for billing for all nonresident students
receiving services under §3602-c(2) or could choose to compute actual
costs on an individual student basis for all qualified nonresident

students. The section would also make a technical correction to remove
language that suggests that a chargeback may be made for due process
costs, to conform to authorized costs designated in education law
§3602-c(7)(b). These amendments address concerns expressed by school
officials about the burden and costliness of having to compute costs on
an individual basis through the proposal that the State establish
regional rates for certain evaluations and services which the districts
would have the option of using. Further, the proposed amendments to
§3602-c(7) would provide districts of location one year from the end of
the school year in which costs are incurred to bill for the cots, or 60
days from the effective date of this act, whichever is later.  By estab-
lishing a reasonable time within which claims must be presented, this
bill would assure that claims are processed in a timely manner and that
districts of residence are not confronted by claims for multiple years
that are difficult to verify because of the passage of time.

In addition, the bill would make a related amendment to Education Law
§4402(4)(d), to provide that where the board of education of a student's
school district of residence provides transportation up to a distance of
50 miles to and from a non-public school which a student identified with
a disability attends for the purpose of receiving services or programs
from the non-public school which are similar to special education
programs and services recommended for the student by the district of
residence, the student would not be.  entitled to special education
programs and services from the school district of location pursuant to
§3602-c of the education law. As a condition of eligibility for such
transportation, the parent or person in parental relation to the student
would be required to consent to the provision of notice by the school
district of residence to the chairperson of the committee on special
education of the school district in which the nonpublic school is
located. Such notice must be provided by the district of residence no
later than thirty days after commencing transportation services.

Amendments to §4402 of the education law would more closely align the
membership of the CSE to the federal individualized education program
(IEP) team membership by repealing the requirement that the CSE member-
ship must include an additional parent of a student with a disability
and a school physician. The amendment would limit the mandatory require-
ment for a school psychologist to serve on the committee on special
education, to those meetings which determine a student's initial eligi-
bility for special education services.  Further, the bill would also
amend §4410 of the education law to more closely align the membership of
the committee on preschool special education (CPSE) to the federal IEP
team by repealing the requirement that the CPSE membership must include
an additional parent of a child with a disability whose child is
enrolled in a preschool or elementary level education program. The
Department anticipates costs savings resulting from an elimination of
reimbursement costs for those districts that provide such reimbursements
for additional parent members, for costs associated with the partic-
ipation of the school psychologist at every meeting in addition to the
meeting to determine a student's initial eligibility for special educa-
tion and for costs of rescheduling meetings when the additional parent

member or school psychologist are not available to attend the scheduled
meetings.

The proposed repeal of education law §4402(18) provides mandate relief
to the State by repealing the requirement that the commissioner of
education approve programs that would provide both early intervention
services and preschool programs. The Department of Health (DOH) is the
lead agency for early intervention programs and has regulatory standards
by which such approvals must be made. The requirement that SED approve
EI programs results in a duplication of effort between SED and DOH.

Amendments to §4410(4)(b) of the education law would repeal the require-
ment that parents may select the preschool evaluator and replace it with
the requirement that the school district must, after providing the
parent with a list of approved preschool evaluators and after obtaining
parental 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 Sate. In selecting the eval-
uator, the district must consider the parent's expressed preference, if
any, for the evaluator. The bill would also provide relief to the State
and to districts by amending §4410(9-a) of the education law to estab-
lish that all school districts are approved evaluators of preschool
students suspected of having a disability without the need to submit an
application to SED, providing administrative relief to districts while
at the same time addressing the programmatic need for more approved
evaluators of preschool children to ensure their timely evaluations.

Section 4402(2)(a) of the education law is amended to remove the
requirement that school districts obtain the written consent of the
parent prior to the initial placement of the student in a July/August
program recommended by the committee on special education. This require-
ment for parental consent is not required by federal law.

Section 4404(1)(a) of the education law is amended to provide that a due
process hearing must be requested within one year of the date the parent
or district had knowledge of the underlying issue. The amendment
provides for exceptions as required by federal law and with an exception
that for parents seeking tuition reimbursement that such request must be
made within 180 days of the date the parent placed his or her child in
the private school. When a claim encompasses multiple school years, the
record in an impartial hearing can become voluminous and the cost of
defending the complaint rises.

Section 4002(2)(e) of the education law would be amended to remove
references to the Commissioner of Education's authority to appoint
students to state-supported schools.  Conforming changes would be made
to §§4201, 4203, 4401(2), 4402(2)(b)(2) and 4403(17) of the education
law. Section 4204(3) of the education law would also be amended to
remove references to the Commissioner's authority to appoint student to
state-supported schools and to clarify that placement of pupils to
institutions for instruction of the deaf may be recommended by the CSE
or CPSE where applicable, of the school district responsible for educat-

ing the student, and may include the provision of special education
programs and services in July or August in accordance with the
provisions of §4402(2)(a). Similarly, §4206 of the education law would
be amended to remove references to the Commissioner of Education's
authority to appoint students to institutions for the instruction of the
blind and would clarify that placement in such institutions may be
recommended by the CSE, or CPSE where applicable, of the school district
responsible for educating such student, and may include the provision of
special education programs and services in July or August in accordance
with the provisions of §4402(2)(a). §4207 of the education law would be
amended to remove the Commissioner's authority for appointments to the
New York Institute for Special Education and provides that the committee
on special education of the school district responsible for the educa-
tion of the pupil has the authority to recommend extension of the term
of any pupil attending the institution.  §4213 of the education law
would be amended to conform language and remove references of appoint-
ments to the New York Institute for Special Education.

Education law §4402(1)(b)(3)(d-2) would be repealed which currently
require boards of education to develop plans and policies for appropri-
ate declassification of students with disabilities. Federal law requires
that each child with a disability be reevaluated at least once every
three years to determine a student's continuing eligibility for special
education and to require a reevaluation of a student prior to declassi-
fication. Therefore, it is not necessary for boards of education to
establish additional plans and policies.

The bill also proposes to amend §4402(1)(b)(3)(h) of the education law
to remove the outdated requirement to file certain reports on students
with disabilities who are the children of Vietnam Veterans.

Federal law establishes transition planning requirements on school
districts, including the requirement to invite potential transition
providers, which could include adult service agencies, to CSE meetings
to prepare a student for transition to adult life. To streamline these
requirements, education law §4402(1)(b) (5) and (7) would be amended to
provide at the first annual review of a student with a disability placed
in a residential program or a student determined by the committee on
special education or multidisciplinary team likely to require adult
residential services after the student has attained the age of 18, for
the development adult service recommendations. Upon consent of the
student's parents or the student themselves if over the age of 18, the
committee on special education or the multidisciplinary team shall
invite representatives from the Office of Mental Health (OMH), Office
for People with Developmental Disabilities (OPWDD) or the State Educa-
tion Department (SED) to participate in such recommendations and upon
consented release of the student's information, refer the student to the
appropriate public agency for services. These amendments would utilize
appropriate language, consistent throughout education law, to provide
for transitional programs for those students with a disability who have
reached the age of 18 and who are placed in a residential program by
their CSE or multidisciplinary team and day students with a disability

who have reached the age of 18 and whose CSE or multidisciplinary team
has determined that it is likely the student will require adult residen-
tial services.

BUDGETARY IMPLICATIONS OF THE BILL:

The bill would result in cost savings to school districts and other
educational entities from elimination of various unnecessary mandates.
The amount of such savings is not known, though it is expected to be
substantial if this bill is enacted in entirety.

This act would take effect July 1, 2012, provided that in the event the
act shall become law after such date, it will become effective imme-
diately and will be deemed to have been in full force and effect on and
after July 1, 2012. Further, nothing in section 12 of the act would be
construed to require the retrofitting of school busses purchased prior
to the effective date of this act.

PRIOR LEGISLATIVE HISTORY:

Portions of this bill were submitted as SED Proposal No. 12 for 2011,
together with several provisions that were enacted in Chapter 97 of the
Laws of 2011. SED No. 12 was introduced in the Senate as S.5816, was
referred to the Senate Education Committee, and no further action was
taken.

EFFECTIVE DATE:

This act would take effect July 1, 2012, provided that in the event the
act shall become law after such date, it will become effective imme-
diately and will be deemed to have been in full force and effect after
July 1, 2012. Further, nothing in section 12 of the act would be
construed to require the retrofitting of school buses purchased prior to
the effective date of this act.

2011-S6688 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6688

                            I N  S E N A T E

                              March 9, 2012
                               ___________

Introduced  by  Sen.  FLANAGAN  --  (at  request  of the State Education
  Department) -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14285-01-2

S. 6688                             2

  to school districts; to repeal subdivision 15 of section  353  of  the
  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-

S. 6688                             3

BLE  SHARED  SERVICE  UPON  REQUEST  OF  TWO  OR  MORE  COMPONENT SCHOOL
DISTRICTS.
  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

S. 6688                             4

to  paragraph  e  of  this  subdivision. 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 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

S. 6688                             5

shall  order  the board of education or trustee of the district to seek,
obtain and consider new proposals. All proposals  for  such  transporta-
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:

S. 6688                             6

  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
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

S. 6688                             7

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
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

S. 6688                             8

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. 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

S. 6688                             9

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
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

S. 6688                            10

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.  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-

S. 6688                            11

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
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

S. 6688                            12

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
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

S. 6688                            13

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
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.

S. 6688                            14

  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.
  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

S. 6688                            15

the  application,  shall  be  eligible  for  [appointment] ENROLLMENT as
[state] pupils 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.
  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

S. 6688                            16

Institute  for  Special  Education  as [state] pupils. The provisions of
this article shall apply but not necessarily be limited to the [appoint-
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. 6688                            17

  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
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:

S. 6688                            18

  The  board  of  education  or  trustees  of each school district shall
establish committees [and/or  subcommittees]  on  special  education  as
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-

S. 6688                            19

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 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

S. 6688                            20

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-
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-

S. 6688                            21

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
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,

S. 6688                            22

commissioner  of  mental  retardation  and  developmental  disabilities,
commissioner of social services, or commissioner of education, or  their
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-

S. 6688                            23

icapped] booklet FOR  PARENTS  OF  CHILDREN  WITH  DISABILITIES  to  the
parents or person in parental relationship to a child as soon as practi-
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

S. 6688                            24

programs FROM SUCH NONPUBLIC SCHOOL THAT ARE similar to special  [educa-
tional  programs]  EDUCATION  PROGRAMS AND SERVICES recommended for such
[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

S. 6688                            25

hundred fifteen of title twenty of the United States code and the imple-
menting federal  regulations.  Notwithstanding  any  provision  of  this
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:

S. 6688                            26

  (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, 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:

S. 6688                            27

  (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  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;

S. 6688                            28

  (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
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.

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Senate Bill S6688

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Jun 5, 2012 - Education Committee Vote

Education Committee Vote: Jun 5, 2012

2011-S6688 (ACTIVE) - Details

2011-S6688 (ACTIVE) - Summary

2011-S6688 (ACTIVE) - Sponsor Memo

2011-S6688 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6688

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Finance Committee

2011-S6688 (ACTIVE) - Details

2011-S6688 (ACTIVE) - Summary

2011-S6688 (ACTIVE) - Sponsor Memo

2011-S6688 (ACTIVE) - Bill Text download pdf

Comments