senate Bill S5360

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / May / 2013
    • REFERRED TO EDUCATION
  • 30 / May / 2013
    • 1ST REPORT CAL.915
  • 03 / Jun / 2013
    • 2ND REPORT CAL.
  • 04 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 05 / Jun / 2013
    • PASSED SENATE
  • 05 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 05 / Jun / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION
  • 13 / May / 2014
    • 1ST REPORT CAL.697
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO EDUCATION

Summary

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

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Bill Details

See Assembly Version of this Bill:
A7730
Versions:
S5360
Legislative Cycle:
2013-2014
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd ยง4410, Ed L

Sponsor Memo

BILL NUMBER:S5360

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

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

SUMMARY OF PROVISIONS:

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

Section 2: Sets forth an immediate effective date.

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

LEGISLATIVE HISTORY: New bill.

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

EFFECTIVE DATE: Immediately.

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

                                  5360

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to establishing that  all
  school   districts  are  approved  evaluators  of  preschool  students
  suspected of having a disability

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs (a) and (c) of subdivision 9-a of section 4410
of the education law, paragraph (a) as amended by  chapter  581  of  the
laws  of  2011  and  paragraph (c) as added by chapter 82 of the laws of
1995, are amended to read as follows:
  (a) A [school district or a] group of  appropriately  licensed  and/or
certified  professionals  associated with a public or private agency may
apply to the commissioner  for  approval  as  an  evaluator  on  a  form
prescribed  by  the  commissioner. The commissioner shall approve evalu-
ators pursuant to this subdivision consistent with the approval  process
for  the  multi-disciplinary  evaluation  component of programs approved
pursuant to subdivision nine of this section consistent with regulations
adopted pursuant to such subdivision. ALL SCHOOL  DISTRICTS  ARE  DEEMED
APPROVED EVALUATORS OF PRESCHOOL STUDENTS SUSPECTED OF HAVING A DISABIL-
ITY WITHOUT THE NEED TO SUBMIT AN APPLICATION TO THE COMMISSIONER.
  Such  application  shall include, but not be limited to, a description
of the multi-disciplinary evaluation services proposed  to  be  provided
and a demonstration that all agency employees and staff who provide such
evaluation  services  shall  have  appropriate  licensure and/or certif-
ication and that  the  individual  who  shall  have  direct  supervision
responsibilities  over  such  staff  shall  have an appropriate level of
experience in providing evaluation or services to preschool  or  kinder-
garten-aged  children  with disabilities. To be eligible for approval as
an evaluator under this subdivision on and after July first,  two  thou-
sand  eleven,  a  group  of  appropriately licensed or certified profes-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11078-01-3

S. 5360                             2

sionals shall be formed as a limited liability company  or  professional
services  corporation  established  pursuant  to  article fifteen of the
business corporation law, article twelve  or  thirteen  of  the  limited
liability  company  law  or  article eight-B of the partnership law. The
approval of any groups of licensed or certified professionals  that  are
in  existence on July first, two thousand eleven and would not be eligi-
ble for approval thereafter shall terminate on July first, two  thousand
thirteen.
  (c)  The  commissioner  shall  establish  a  billing and reimbursement
system for services provided by SCHOOL DISTRICTS AND evaluators approved
pursuant to the provisions of this subdivision consistent  with  billing
and   reimbursement  for  evaluation  services  provided  by  evaluators
approved pursuant to the provisions of subdivision nine of this section.
  S 2. This act shall take effect immediately.

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