S T A T E   O F   N E W   Y O R K
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                                  8241

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2015
                               ___________

Introduced  by M. of A. GLICK -- read once and referred to the Committee
  on Higher Education

AN ACT to amend the education  law,  in  relation  to  certified  school
  psychologists   and   special  education  services  and  programs  for
  preschool children with handicapping conditions; and providing for the
  repeal of such provisions upon expiration thereof

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

  Section  1. Paragraph d of subdivision 6 of section 4410 of the educa-
tion law, as added by chapter 581 of the laws of  2011,  is  amended  to
read as follows:
  d.  Notwithstanding  any  other  provision of law to the contrary, the
exemption in subdivision one of section seventy-six hundred five of this
chapter shall apply to persons employed [by] ON A FULL-TIME OR PART-TIME
SALARY BASIS, WHICH MAY INCLUDE ON AN HOURLY, WEEKLY, OR MONTHLY  BASIS,
OR  ON  A FEE FOR EVALUATION SERVICES BASIS PROVIDED THAT SUCH PERSON IS
EMPLOYED BY AND UNDER THE DOMINION AND CONTROL OF a center-based program
approved pursuant to subdivision nine of this  section  as  a  CERTIFIED
school psychologist to provide activities, services and use of the title
psychologist to students enrolled in such approved center-based program;
AND  TO  CERTIFIED  SCHOOL  PSYCHOLOGISTS  EMPLOYED  ON  A  FULL-TIME OR
PART-TIME SALARY BASIS, WHICH MAY  INCLUDE  ON  AN  HOURLY,  WEEKLY,  OR
MONTHLY  BASIS,  OR ON A FEE FOR EVALUATION SERVICES BASIS PROVIDED THAT
THE SCHOOL PSYCHOLOGIST IS  EMPLOYED  BY  AND  UNDER  THE  DOMINION  AND
CONTROL  OF  A PROGRAM THAT HAS BEEN APPROVED PURSUANT TO PARAGRAPH B OF
SUBDIVISION NINE OF THIS SECTION, OR SUBDIVISION NINE-A OF THIS SECTION,
TO CONDUCT A MULTI-DISCIPLINARY EVALUATION OF A PRESCHOOL  CHILD  HAVING
OR SUSPECTED OF HAVING A DISABILITY WHERE AUTHORIZED BY PARAGRAPH A OR B
OF  SUBDIVISION  SIX OF SECTION SIXTY-FIVE HUNDRED THREE-B OF THIS CHAP-
TER; AND TO CERTIFIED SCHOOL PSYCHOLOGISTS EMPLOYED ON  A  FULL-TIME  OR
PART-TIME  SALARY  BASIS,  WHICH  MAY  INCLUDE  ON AN HOURLY, WEEKLY, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07556-14-5
              

A. 8241                             2

MONTHLY BASIS, OR ON A FEE FOR EVALUATION SERVICES BASIS  PROVIDED  THAT
SUCH  PSYCHOLOGIST  IS EMPLOYED BY AND UNDER THE DOMINION AND CONTROL OF
AN AGENCY APPROVED IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE
OF THE PUBLIC HEALTH LAW TO DELIVER EARLY INTERVENTION PROGRAM MULTIDIS-
CIPLINARY  EVALUATIONS,  SERVICE  COORDINATION SERVICES AND EARLY INTER-
VENTION PROGRAM SERVICES, WHERE AUTHORIZED BY PARAGRAPH A OR B OF SUBDI-
VISION SIX OF SECTION SIXTY-FIVE HUNDRED THREE-B OF THIS  CHAPTER,  EACH
in  the  course  of their employment.   NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO AUTHORIZE A CERTIFIED SCHOOL PSYCHOLOGIST OR GROUP OF  SUCH
SCHOOL  PSYCHOLOGISTS  TO  ENGAGE  IN  INDEPENDENT  PRACTICE OR PRACTICE
OUTSIDE OF AN EMPLOYMENT RELATIONSHIP.
  S 2. Subdivision 1 of section 7605 of the education law, as  added  by
chapter 987 of the laws of 1971, is amended to read as follows:
  1.  The activities, services, and use of the title of psychologist, or
any derivation thereof, on the part of a  person  in  the  employ  of  a
federal,  state, county or municipal agency, or other political subdivi-
sion, or a chartered elementary or secondary school  or  degree-granting
educational  institution  insofar  as such activities and services are a
part of the duties of his salaried position; OR ON THE PART OF A  PERSON
IN  THE  EMPLOY  AS  A  CERTIFIED  SCHOOL PSYCHOLOGIST ON A FULL-TIME OR
PART-TIME SALARY BASIS, WHICH MAY  INCLUDE  ON  AN  HOURLY,  WEEKLY,  OR
MONTHLY  BASIS,  OR ON A FEE FOR EVALUATION SERVICES BASIS PROVIDED THAT
SUCH PERSON EMPLOYED AS A CERTIFIED SCHOOL PSYCHOLOGIST IS  EMPLOYED  BY
AND  UNDER  THE  DOMINION  AND  CONTROL OF A PRESCHOOL SPECIAL EDUCATION
PROGRAM APPROVED PURSUANT TO PARAGRAPH B OF SUBDIVISION NINE OR SUBDIVI-
SION NINE-A OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER TO PROVIDE
ACTIVITIES, SERVICES AND TO USE THE  TITLE  "CERTIFIED  SCHOOL  PSYCHOL-
OGIST",  SO LONG AS THIS SHALL NOT BE CONSTRUED TO PERMIT THE USE OF THE
TITLE "LICENSED PSYCHOLOGIST", TO STUDENTS  ENROLLED  IN  SUCH  APPROVED
PROGRAM  OR  TO  CONDUCT  A  MULTIDISCIPLINARY EVALUATION OF A PRESCHOOL
CHILD HAVING OR SUSPECTED OF HAVING A DISABILITY; OR ON THE  PART  OF  A
PERSON  IN  THE EMPLOY AS A CERTIFIED SCHOOL PSYCHOLOGIST ON A FULL-TIME
OR PART-TIME SALARY BASIS, WHICH MAY INCLUDE ON  AN  HOURLY,  WEEKLY  OR
MONTHLY  BASIS,  OR ON A FEE FOR EVALUATION SERVICES BASIS PROVIDED THAT
SUCH PERSON EMPLOYED AS A CERTIFIED SCHOOL PSYCHOLOGIST IS  EMPLOYED  BY
AND  UNDER  THE DOMINION AND CONTROL OF AN AGENCY APPROVED IN ACCORDANCE
WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF  THE  PUBLIC  HEALTH  LAW  TO
DELIVER   EARLY   INTERVENTION  PROGRAM  MULTIDISCIPLINARY  EVALUATIONS,
SERVICE COORDINATION SERVICES AND EARLY INTERVENTION  PROGRAM  SERVICES,
WHERE  EACH  SUCH  PRESCHOOL  SPECIAL  EDUCATION PROGRAM OR EARLY INTER-
VENTION PROVIDER IS AUTHORIZED BY PARAGRAPH A OR B OF SUBDIVISION SIX OF
SECTION SIXTY-FIVE HUNDRED THREE OF THIS TITLE, EACH IN  THE  COURSE  OF
THEIR  EMPLOYMENT.  NOTHING  IN  THIS  SUBDIVISION SHALL BE CONSTRUED TO
AUTHORIZE A CERTIFIED  SCHOOL  PSYCHOLOGIST  OR  GROUP  OF  SUCH  SCHOOL
PSYCHOLOGISTS  TO  ENGAGE IN INDEPENDENT PRACTICE OR PRACTICE OUTSIDE OF
AN EMPLOYMENT RELATIONSHIP.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after July 1, 2014, provided,
however that the provisions of this  act  shall  expire  and  be  deemed
repealed June 30, 2016.