Assembly Bill A8689

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Assembly 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2010	print number 8689c
Jun 10, 2010	amend and recommit to codes
May 25, 2010	reported referred to codes
May 14, 2010	print number 8689b
May 14, 2010	amend and recommit to higher education
Jan 06, 2010	referred to higher education
Jun 16, 2009	reported referred to ways and means
Jun 12, 2009	print number 8689a
Jun 12, 2009	amend and recommit to higher education
Jun 03, 2009	referred to higher education

Bill Amendments

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2009-A8689 - Details

See Senate Version of this Bill:: S4197
Current Committee:: Assembly Codes
Law Section:: Education Law
Laws Affected:: Rpld & add §4410 sub 6, amd §4410, add §6503-a, Ed L

2009-A8689 - Summary

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

2009-A8689 - Sponsor Memo

                                BILL NUMBER:A8689

TITLE  OF  BILL:   An act to amend the education law, in relation to the
practice of licensed professions by special education schools and  early
intervention  agencies  and  their  employees;  and  to  repeal  certain
provisions of such law relating thereto

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

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

New §4410(6)(a) would  provide  that  approved  providers  of  preschool
special education that are registered as special education schools under
new  §6503-a  of  Education  Law  would be authorized to employ licensed
professionals or contract with licensees or entities legally  authorized
to  provide  professional  services  in accordance with §6503-a. Without
such registration, employment or contracting for  professional  services
in  most licensed professions would conflict with restrictions on corpo-
rate practice under Title VIII.

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

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

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

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

Section  3  would amend §4410(9-a)(a) of Education Law to require that a
group of appropriately  licensed  or  certified  professionals  must  be
formed  as  a  PLLC,  foreign  PLLC, RLLP or New York foreign RLLP to be
eligible for approval as an evaluator on and after  July  1,  2009.  The
bill  also  would provide that the approval of any groups of licensed or
certified professionals that are in existence on July 1, 2009 and  would
not be eligible for approval thereafter would terminate on July 1, 2010.

Section 4 would add a new §6503-a to Education Law to provide for regis-
tration of special education schools as corporate entities authorized to
provide  a  range of professional services relating to the evaluation of
students suspected of having a disability and the  delivery  of  related
services to students with disabilities either through licensees employed
by  the  school  or by contract with licensees or other authorized enti-
ties. New §6503-a would also provide for registration  of  early  inter-
vention  agencies as corporate entities authorized to provide a range of
professional services relating to the  early  intervention  program  for
infants  and toddlers with disabilities from birth to 2. In return, such
registered special education schools  and  early  intervention  agencies
would  become  subject  to professional discipline in the same manner as
professional corporations, PLLCs and other entities authorized to engage
in the practice of a profession. New  §6503-a  (1)  would  supply  defi-
nitions  of  "special  education  school,"  "early intervention agency,"
"early intervention program  services,"  "multidisciplinary  evaluation"

for  both special education schools and early intervention agencies, and
"related services." A "special education school" would include  a  §4410
approved  provider,  approved  private  residential  or  non-residential
school  for the education of students with disabilities (a "Chapter 853"
school), and a child care institution that operates a private school  or
an  institution  for  the  deaf or blind ("4201 school") that conducts a
multidisciplinary evaluation or provides related services in one or more
licensed professions for which no exception  from  prohibitions  against
corporate  practice exists. New §6503-a(2) would prohibit special educa-
tion schools that are not registered  from  employing  licensed  profes-
sionals  or  contracting  with  other  entities to practice a profession
while conducting a multi-disciplinary evaluation  or  providing  related
services  to  students  with  disabilities,  unless  an exception to the
corporate practice prohibition exists. "Early intervention agency" would
mean an agency as defined in title two-a of article twenty-five  of  the
public  health  law  which is approved or is seeking approval to deliver
early intervention program multidisciplinary evaluations., service coor-
dination services  and  early  intervention  program  services,  and  is
lawfully  operated by a not-for-profit corporation, private corporation,
limited liability company, registered limited liability partnership,  or
other  private  entity. "Early intervention program services" would mean
early intervention services as defined in subdivision seven  of  section
twenty-five hundred forty-one of the public health law that are provided
under  the  early  intervention  program  and  authorized in an eligible
child's individualized family services plan.

All special education schools and early intervention agencies in  exist-
ence on the effective date of new §6503-a would be deemed registered for
a  period of time commencing on the effective date and ending on July 1,
2010, allowing them time to  apply  for  and  obtain  registration.  New
§6503-a  (3) would contain the procedures for registration, including an
initial fee of $345, and provides  where  the  applicant  simultaneously
applies  for  approval  as  a  special education school and early inter-
vention agency the total registration fee will be $345. New §6503-a  (4)
would provide for registration renewal, with a triennial fee of $260 and
provides where the applicant simultaneously renews its registration as a
special  education  school  and  early  intervention  agency,  the total
renewal fee will be $260. New §6503-a (5)  and  (6)  respectively  would
require  notification  of  a  change in location and impose a good moral
character requirement on  applicants.  New  §6503-a(7)  would  authorize
registered  special education schools and early intervention agencies to
employ licensed professionals or contract  with  licensees  or  entities
legally  authorized  to practice the profession involved, solely for the
purpose of  conducting  a  multi-disciplinary  evaluation  or  providing
related  services  to  students  with disabilities. New .6503-a(8) would
make registered special education schools and early  intervention  agen-
cies  subject to the supervision of the Board of Regents and the Depart-
ment relating to professional practice,  including  professional  disci-
pline.

Section 5 is the effective date.

Statement  in  Support of the Bill:  This bill would add a new Education
Law §6503-a and a new §4410(6) and would amend  §4410(9)  and  (9-a)  to
resolve  a  series  of conflicts between the provisions of Article 89 of
Education Law, particularly §4410, as well as the  provisions  of  Title
2-A  of  Article  25  of  the Public Health Law relating to early inter-
vention programs, and the provisions of Title VIII of Education Law that
prohibit licensed professionals from engaging in corporate  practice  in
most  professions,  particularly  in an organization with licensees from
other professions. Education Law §6512 makes it a Class E felony for  an
unlicensed  person to practice a licensed profession or hold oneself out
as  being  able  to  practice  a  licensed  profession.   With   certain
exceptions,  such  as speech-pathology and audiology, corporate practice
(practice of a profession by a corporation or other corporate entity) is
generally  prohibited,  particularly  where  multiple  professions   are
involved.

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

It is imperative that action be taken to address this conflict in a  way
that  would  preserve  the  ability  of  approved  private schools, 4201
schools and approved preschool providers to continue to deliver  related
services  to  students  with disabilities and, where applicable, conduct
multi-disciplinary evaluations of students suspected of having  a  disa-
bility,  and that would preserve the ability of early intervention agen-
cies to conduct multi-disciplinary evaluations and provide early  inter-
vention  services  to  infants and toddlers with disabilities. This bill
would accomplish that goal, while striking a balance that  assures  that
the policies underlying the laws regulating the licensed professions are
preserved.  It  would do so by authorizing special education schools and
early intervention agencies to employ licensed professionals or contract
for services from other licensees or entities to conduct multi-discipli-
nary evaluations or deliver related services to students enrolled in the
school, provided that the school  or  agency  becomes  registered  under
Education  Law §6503-a and thereby becomes subject to supervision by the
Regents and the Department under the law governing the  professions  and

subject  to  professional  discipline.  This  would  provide  protection
against unlawful practice of the professions, while allowing the special
education schools and early intervention agencies to continue  to  func-
tion  without disruption. This bill would allow schools and early inter-
vention agencies to continue in their existing corporate form,  provided
that they become registered under §6503-a.

New  §4410(6)  would also codify the Department's past interpretation of
Education Law §§8207(2) and 7605(1) that an approved  center-based  4410
provider  is  a school indistinguishable from an elementary or secondary
school that is exempted from the practice of  speech-language  pathology
and  audiology  and psychology pursuant to those sections and is author-
ized to employ teachers of the speech and hearing handicapped and school
psychologists to deliver speech and language and psychological services,
respectively. Thus, this bill would maintain the status  quo  and  allow
such  providers  to  continue  to  deliver  these  services  to students
enrolled in  an  approved  center-based  program  without  employing  or
contracting  with  licensed  psychologists  or  licensed speech-language
therapists, just as other approved center-based 4410 providers who serve
both preschool children and students with disabilities of school age are
clearly  authorized  to  do  under  any  reasonable  interpretation   of
§§8207(2)  and 7605(1). If this issue is not clarified, the result could
be a disruption in services to  preschool  students  with  disabilities,
particularly where shortages of licensed professionals exist.

Budgetary  Implications  of  the  Bill:   This bill should not result in
significant costs to the State or  local  governments.  The  bill  would
require  special  education  schools  and  early  intervention  agencies
obtaining a registration under §6503-a to pay a fee of $345 and a trien-
nial re-registration fee of $260,  which  should  defray  the  costs  of
implementation of the registration process.

Prior  Legislative History:  This is a new bill. In 2007, similar legis-
lation was introduced in the Assembly as a portion of A.8682, which  was
reported  to  the Assembly Education Committee and no further action was
taken.

Effective Date:  This act would take effect immediately. To prevent  the
disruption  of services in the middle of the school year, special educa-
tion schools and early intervention agencies will  have  until  July  1,
2010  to  comply with the provisions of sections 3 and 4 relating to the
approval and registration of  such  schools  with  the  Commissioner  of
Education.

2009-A8689 - Bill Text download pdf

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

                                  8689

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced  by  M. of A. GLICK, JAFFEE, STIRPE, TITUS -- Multi-Sponsored
  by -- M. of A.  LUPARDO, PHEFFER -- (at request of the State Education
  Department) -- read once and  referred  to  the  Committee  on  Higher
  Education

AN  ACT  to  amend  the  education  law,  in relation to the practice of
  licensed professions by special education  schools  and  early  inter-
  vention agencies and their employees; and to repeal certain provisions
  of such law relating thereto

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

  Section 1. Subdivision 6 of section  4410  of  the  education  law  is
REPEALED and a new subdivision 6 is added to read as follows:
  6.  PROFESSIONAL  PRACTICE  ISSUES.  A.  APPROVED PROGRAMS OPERATED BY
PRIVATE PROVIDERS  SHALL  BE  SUBJECT  TO  REGISTRATION  TO  THE  EXTENT
PROVIDED  IN SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER, AND, IF
REQUIRED TO BE  REGISTERED,  SHALL  BE  AUTHORIZED  TO  EMPLOY  LICENSED
PROFESSIONALS OR CONTRACT WITH LICENSED PROFESSIONALS OR ENTITIES LEGAL-
LY  AUTHORIZED  TO PROVIDE PROFESSIONAL SERVICES IN ACCORDANCE WITH SUCH
SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER.
  B. AN APPROVED PROGRAM MAY BE FORMED AS AN EDUCATION CORPORATION,  OR,
WITH  THE  CONSENT OF THE COMMISSIONER, AS A NOT-FOR-PROFIT CORPORATION,
BUSINESS CORPORATION OR  LIMITED  LIABILITY  COMPANY.  IN  ADDITION,  AN
APPROVED PROGRAM OR GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFES-
SIONALS MAY BE FORMED AS A PROFESSIONAL SERVICE LIMITED LIABILITY COMPA-
NY  OR  AS  A  FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY IN
ACCORDANCE WITH THE APPLICABLE PROVISIONS OF ARTICLE TWELVE OR  THIRTEEN
OF  THE LIMITED LIABILITY COMPANY LAW OR AS A REGISTERED LIMITED LIABIL-
ITY PARTNERSHIP IN ACCORDANCE WITH SECTION 121-1500 OF  THE  PARTNERSHIP
LAW OR AS A NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP IN
ACCORDANCE  WITH  SECTION  121-1502  OF THE PARTNERSHIP LAW. AN APPROVED
PROGRAM FORMED AS SUCH A PROFESSIONAL SERVICE LIMITED LIABILITY  COMPANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02397-04-9

A. 8689                             2

OR REGISTERED LIMITED LIABILITY PARTNERSHIP MAY BE AUTHORIZED TO PROVIDE
SPECIAL  EDUCATION  ITINERANT SERVICES OR OTHER EDUCATIONAL SERVICES NOT
INVOLVING PRACTICE OF A PROFESSION UNDER TITLE EIGHT OF THIS CHAPTER. AN
APPROVED PROGRAM OR GROUP OF PROFESSIONALS FORMED AS SUCH A PROFESSIONAL
SERVICE  LIMITED LIABILITY COMPANY OR REGISTERED LIMITED LIABILITY PART-
NERSHIP MAY CONTRACT WITH INDIVIDUALS LICENSED OR  OTHERWISE  AUTHORIZED
TO PRACTICE, OR A PROFESSIONAL SERVICE CORPORATION, PARTNERSHIP OR OTHER
ENTITY  LEGALLY AUTHORIZED TO PRACTICE, ANY PROFESSION UNDER TITLE EIGHT
OF THIS CHAPTER IN WHICH THE COMPANY WOULD NOT BE AUTHORIZED TO  PROVIDE
PROFESSIONAL  SERVICES UNDER THE APPLICABLE PROVISIONS OF SECTION TWELVE
HUNDRED THREE OR SUBDIVISION (A) OF SECTION THIRTEEN HUNDRED ONE OF  THE
LIMITED  LIABILITY  COMPANY  LAW OR SECTIONS 121-1500 OR 121-1502 OF THE
PARTNERSHIP LAW, SOLELY FOR THE PURPOSES OF CONDUCTING A MULTI-DISCIPLI-
NARY EVALUATION OF A PRESCHOOL CHILD SUSPECTED OF HAVING A DISABILITY OR
A PRESCHOOL CHILD WITH A DISABILITY OR PROVIDING RELATED SERVICES SPECI-
FIED IN THE INDIVIDUALIZED EDUCATION PROGRAM OF A PRESCHOOL CHILD.
  C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
EXEMPTION IN SUBDIVISION TWO OF SECTION EIGHTY-TWO HUNDRED SEVEN OF THIS
CHAPTER  SHALL  APPLY  TO  PERSONS  EMPLOYED  BY  A CENTER-BASED PROGRAM
APPROVED PURSUANT TO SUBDIVISION NINE OF THIS  SECTION  TO  PERFORM  THE
DUTIES  OF  A  SPEECH-LANGUAGE  PATHOLOGIST, AUDIOLOGIST, TEACHER OF THE
SPEECH AND HEARING IMPAIRED OR TEACHER OF THE DEAF TO STUDENTS  ENROLLED
IN SUCH APPROVED CENTER-BASED PROGRAM IN THE COURSE OF THEIR EMPLOYMENT.
  D.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
EXEMPTION IN SUBDIVISION ONE OF SECTION SEVENTY-SIX HUNDRED FIVE OF THIS
CHAPTER SHALL APPLY  TO  PERSONS  EMPLOYED  BY  A  CENTER-BASED  PROGRAM
APPROVED  PURSUANT  TO  SUBDIVISION  NINE  OF  THIS  SECTION AS A SCHOOL
PSYCHOLOGIST TO PROVIDE  ACTIVITIES,  SERVICES  AND  USE  OF  THE  TITLE
PSYCHOLOGIST  TO STUDENTS ENROLLED IN SUCH APPROVED CENTER-BASED PROGRAM
IN THE COURSE OF THEIR EMPLOYMENT.
  S 2. Paragraphs b and d of subdivision 9 of section 4410 of the educa-
tion law, as amended by chapter 705 of the laws of 1992, are amended  to
read as follows:
  b. As part of an application submitted pursuant to paragraph a of this
subdivision,  a  provider of special services or programs shall submit a
description of its  multi-disciplinary  evaluation  component,  if  any,
which shall be subject to the approval of the commissioner in accordance
with  regulations  adopted  for such purpose after consultation with the
appropriate advisory committee. Such components or program may  rely  in
part  on  formal  written  agreements or affiliations with appropriately
certified or licensed professionals, or agencies employing such  profes-
sionals,  provided  that  such  professionals  or agencies perform their
responsibilities in conformance with regulations of the commissioner and
that providers fully disclose any such arrangements on all  applications
for  program  approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES
THAT IT SHALL APPLY FOR AND  OBTAIN  REGISTRATION  PURSUANT  TO  SECTION
SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER PRIOR TO PROVIDING EVALUATION
SERVICES  PURSUANT  TO SUCH WRITTEN AGREEMENTS OR AFFILIATIONS.  Nothing
herein shall require a provider of special services or programs to  have
a multidisciplinary evaluation program.
  d.  Providers may make application to conduct a program that relies on
formal written agreements or affiliations with other  approved  programs
or appropriately certified or licensed professionals, provided that such
arrangements are fully disclosed on all applications to the commissioner
for  program  approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES
THAT IT SHALL APPLY FOR AND  OBTAIN  REGISTRATION  PURSUANT  TO  SECTION

A. 8689                             3

SIXTY-FIVE  HUNDRED  THREE-A  OF THIS CHAPTER PRIOR TO PROVIDING RELATED
SERVICES PURSUANT TO ANY SUCH WRITTEN AGREEMENTS OR AFFILIATIONS INVOLV-
ING LICENSED PROFESSIONALS.
  S 3. Paragraph (a) of subdivision 9-a of section 4410 of the education
law,  as  added by chapter 82 of the laws of 1995, is amended to read as
follows:
  (a) A school district or a  group  of  appropriately  licensed  and/or
certified  professionals  associated with a public or private agency may
apply to the commissioner  for  approval  as  an  evaluator  on  a  form
prescribed  by  the  commissioner. The commissioner shall approve evalu-
ators pursuant to this subdivision consistent with the approval  process
for  the  multi-disciplinary  evaluation  component of programs approved
pursuant to subdivision nine of this section consistent with regulations
adopted pursuant to such subdivision.
  Such application shall include, but not be limited to,  a  description
of  the  multi-disciplinary  evaluation services proposed to be provided
and a demonstration that all agency employees and staff who provide such
evaluation services shall  have  appropriate  licensure  and/or  certif-
ication  and  that  the  individual  who  shall  have direct supervision
responsibilities over such staff shall  have  an  appropriate  level  of
experience  in  providing evaluation or services to preschool or kinder-
garten-aged children with [handicapping conditions] DISABILITIES. TO  BE
ELIGIBLE FOR APPROVAL AS AN EVALUATOR ON AND AFTER JULY FIRST, TWO THOU-
SAND  NINE, A GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFESSIONALS
SHALL BE FORMED AS A PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,
FOREIGN  PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,  REGISTERED
LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  FOREIGN  REGISTERED  LIMITED
LIABILITY  PARTNERSHIP. THE APPROVAL OF ANY GROUPS OF LICENSED OR CERTI-
FIED PROFESSIONALS THAT ARE IN EXISTENCE ON  JULY  FIRST,  TWO  THOUSAND
NINE  AND  WOULD NOT BE ELIGIBLE FOR APPROVAL THEREAFTER SHALL TERMINATE
ON JULY FIRST, TWO THOUSAND TEN.
  S 4. The education law is amended by adding a new  section  6503-a  to
read as follows:
  S 6503-A. REGISTRATION OF CERTAIN SPECIAL EDUCATION SCHOOLS. 1.  DEFI-
NITIONS. AS USED IN THIS SECTION:
  A.  "SPECIAL EDUCATION SCHOOL" MEANS AN APPROVED PROGRAM AS DEFINED IN
PARAGRAPH A OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER THAT IS LAWFULLY OPERATED  BY  A  PRIVATE  CORPORATION,  LIMITED
LIABILITY  COMPANY,  REGISTERED  LIMITED LIABILITY PARTNERSHIP, OR OTHER
PRIVATE ENTITY; AN APPROVED PRIVATE NONRESIDENTIAL OR RESIDENTIAL SCHOOL
FOR THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS  LOCATED  WITHIN
THE  STATE; A CHILD CARE INSTITUTION AS DEFINED IN SECTION FOUR THOUSAND
ONE OF THIS CHAPTER THAT OPERATES A PRIVATE SCHOOL FOR THE EDUCATION  OF
STUDENTS WITH DISABILITIES OR AN INSTITUTION FOR THE DEAF OR BLIND OPER-
ATING  PURSUANT  TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER THAT EITHER: (1)
CONDUCTS A MULTI-DISCIPLINARY  EVALUATION    FOR  PURPOSES  OF  ARTICLES
EIGHTY-ONE  OR EIGHTY-NINE OF THIS CHAPTER THAT INVOLVES THE PRACTICE OF
ONE OR MORE PROFESSIONS FOR WHICH A LICENSE IS REQUIRED PURSUANT TO THIS
TITLE AND NO EXCEPTION FROM CORPORATE PRACTICE RESTRICTIONS APPLIES,  OR
(2)  PROVIDES  RELATED  SERVICES  TO  STUDENTS ENROLLED IN THE SCHOOL OR
APPROVED PROGRAM THAT INVOLVES THE PRACTICE OF ONE OR  MORE  PROFESSIONS
FOR  WHICH A LICENSE IS REQUIRED PURSUANT TO THIS TITLE AND NO EXCEPTION
FROM PRACTICE RESTRICTIONS APPLIES. SUCH TERM SHALL NOT INCLUDE A SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MUNICIPALITY, STATE
AGENCY OR  OTHER  PUBLIC  ENTITY.  NOTHING  IN  THIS  SECTION  SHALL  BE
CONSTRUED  TO  REQUIRE  REGISTRATION  OF  A  CHILD CARE INSTITUTION THAT

A. 8689                             4

CONDUCTS MULTI-DISCIPLINARY EVALUATIONS  OR  PROVIDES  RELATED  SERVICES
THROUGH AN APPROVED PRIVATE NONRESIDENTIAL SCHOOL OPERATED BY SUCH CHILD
CARE  INSTITUTION,  PROVIDED  THAT SUCH SCHOOL IS REGISTERED PURSUANT TO
THIS SECTION.
  B.  "EARLY  INTERVENTION AGENCY" FOR PURPOSES OF THIS SECTION MEANS AN
AGENCY WHICH IS APPROVED OR IS SEEKING APPROVAL IN ACCORDANCE WITH TITLE
TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW TO  DELIVER  EARLY
INTERVENTION PROGRAM MULTIDISCIPLINARY EVALUATIONS, SERVICE COORDINATION
SERVICES  AND EARLY INTERVENTION PROGRAM SERVICES, AND IS LAWFULLY OPER-
ATED BY  A  NOT-FOR-PROFIT  CORPORATION,  PRIVATE  CORPORATION,  LIMITED
LIABILITY  COMPANY,  REGISTERED  LIMITED LIABILITY PARTNERSHIP, OR OTHER
PRIVATE ENTITY.
  C. "EARLY INTERVENTION  PROGRAM  SERVICES"  MEANS  EARLY  INTERVENTION
SERVICES  AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED
FORTY-ONE OF THE PUBLIC HEALTH LAW THAT ARE  PROVIDED  UNDER  THE  EARLY
INTERVENTION  PROGRAM  AND AUTHORIZED IN AN ELIGIBLE CHILD'S INDIVIDUAL-
IZED FAMILY SERVICES PLAN.
  D. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF A SPECIAL EDUCATION
SCHOOL MEANS  A  MULTI-DISCIPLINARY  EVALUATION  OF  A  PRESCHOOL  CHILD
SUSPECTED  OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A DISABILITY
THAT IS CONDUCTED PURSUANT TO SECTION FORTY-FOUR  HUNDRED  TEN  OF  THIS
CHAPTER  OR  AN  EVALUATION  OF A SCHOOL-AGE CHILD SUSPECTED OF HAVING A
DISABILITY OR WITH A DISABILITY WHICH  IS  CONDUCTED  BY  A  CHILD  CARE
INSTITUTION  THAT  OPERATES  A  SPECIAL  EDUCATION SCHOOL OR THE SPECIAL
EDUCATION SCHOOL OPERATED BY SUCH INSTITUTION  PURSUANT  TO  SUBDIVISION
THREE  OF SECTION FOUR THOUSAND TWO OF THIS CHAPTER OR BY AN INSTITUTION
FOR THE DEAF OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF  THIS
CHAPTER  OR  AN  EVALUATION  OF A SCHOOL-AGE CHILD SUSPECTED OF HAVING A
DISABILITY OR WITH A DISABILITY THAT IS AUTHORIZED TO BE CONDUCTED BY  A
SPECIAL EDUCATION SCHOOL PURSUANT TO ANY OTHER PROVISION OF THIS CHAPTER
AND  THE  REGULATIONS OF THE COMMISSIONER FOR PURPOSES OF IDENTIFICATION
OF THE CHILD AS A CHILD WITH A DISABILITY OR THE DEVELOPMENT OF AN INDI-
VIDUALIZED EDUCATION PROGRAM FOR THE CHILD.
  E. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF  THE  EARLY  INTER-
VENTION  PROGRAM MEANS A PROFESSIONAL, OBJECTIVE ASSESSMENT CONDUCTED BY
APPROPRIATELY QUALIFIED PERSONNEL IN ACCORDANCE WITH SECTION TWENTY-FIVE
HUNDRED FORTY-FOUR OF THE PUBLIC HEALTH LAW AND ITS  IMPLEMENTING  REGU-
LATIONS  TO  DETERMINE  A  CHILD'S  ELIGIBILITY  FOR  EARLY INTERVENTION
PROGRAM SERVICES.
  F. "RELATED SERVICES" MEANS RELATED SERVICES AS DEFINED IN PARAGRAPH G
OF SUBDIVISION TWO OF SECTION FOUR THOUSAND TWO, PARAGRAPH K OF SUBDIVI-
SION TWO OF SECTION FORTY-FOUR HUNDRED ONE, OR PARAGRAPH J  OF  SUBDIVI-
SION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER PROVIDED TO A
CHILD  WITH  A DISABILITY PURSUANT TO SUCH CHILD'S INDIVIDUALIZED EDUCA-
TION PROGRAM.
  2. REGISTRATION. A. NO SPECIAL EDUCATION SCHOOL MAY EMPLOY INDIVIDUALS
LICENSED PURSUANT TO THIS ARTICLE TO CONDUCT COMPONENTS OF A  MULTI-DIS-
CIPLINARY  EVALUATION  OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED
OF HAVING A DISABILITY OR TO PROVIDE RELATED SERVICES TO  CHILDREN  WITH
DISABILITIES ENROLLED IN THE SCHOOL, AND NO SPECIAL EDUCATION SCHOOL MAY
PROVIDE  SUCH  AN  EVALUATION  COMPONENT OR RELATED SERVICES BY CONTRACT
WITH AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT
TO THIS ARTICLE OR  A  PROFESSIONAL  SERVICE  CORPORATION,  PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY, OR REGISTERED LIMITED LIABILITY PART-
NERSHIP  AUTHORIZED BY LAW TO PROVIDE PROFESSIONAL SERVICES, UNLESS SUCH
SCHOOL IS REGISTERED PURSUANT TO THIS  SECTION.  ALL  SPECIAL  EDUCATION

A. 8689                             5

SCHOOLS  APPROVED  BY  THE COMMISSIONER AS OF THE EFFECTIVE DATE OF THIS
SECTION SHALL BE DEEMED REGISTERED PURSUANT TO THIS SECTION FOR A PERIOD
COMMENCING ON SUCH EFFECTIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND
TEN.
  B.  NO  EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT WITH INDIVID-
UALS LICENSED PURSUANT TO THIS ARTICLE OR WITH  A  PROFESSIONAL  SERVICE
CORPORATION, PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, PARTNERSHIP
OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHORIZED BY LAW TO PROVIDE
THE  APPLICABLE  PROFESSIONAL SERVICES, TO CONDUCT AN EARLY INTERVENTION
PROGRAM  MULTIDISCIPLINARY  EVALUATION,  PROVIDE  SERVICE   COORDINATION
SERVICES  OR  EARLY  INTERVENTION PROGRAM SERVICES UNLESS SUCH AGENCY IS
REGISTERED PURSUANT TO THIS SECTION  AND  APPROVED  IN  ACCORDANCE  WITH
TITLE  TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW AS AN EARLY
INTERVENTION PROGRAM PROVIDER. ALL EARLY INTERVENTION AGENCIES IN EXIST-
ENCE AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED REGISTERED
PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON SUCH EFFECTIVE  DATE
AND  ENDING  ON  JULY  FIRST,  TWO THOUSAND TEN. NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO REQUIRE AN EARLY INTERVENTION AGENCY  TO  REGISTER
IN ACCORDANCE WITH THIS SECTION PROVIDED THAT IT IS OTHERWISE AUTHORIZED
BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL SERVICES.
  3.  OBTAINING  A  REGISTRATION.  A  SPECIAL EDUCATION SCHOOL AND EARLY
INTERVENTION AGENCY SHALL BE REGISTERED AS FOLLOWS:
  A. APPLICATION FOR REGISTRATION SHALL BE MADE ON A FORM PRESCRIBED  BY
THE DEPARTMENT.
  B.  THE APPLICATION FOR INITIAL REGISTRATION SHALL BE ACCOMPANIED BY A
FEE OF THREE HUNDRED FORTY-FIVE DOLLARS.
  C. WHERE THE  APPLICANT  SIMULTANEOUSLY  APPLIES  FOR  APPROVAL  AS  A
SPECIAL  EDUCATION SCHOOL AND EARLY INTERVENTION AGENCY THE TOTAL REGIS-
TRATION FEE SHALL BE THREE HUNDRED FORTY-FIVE DOLLARS.
  4. RENEWAL OF REGISTRATION. A. ALL SPECIAL EDUCATION SCHOOL AND  EARLY
INTERVENTION  AGENCY  REGISTRATIONS SHALL BE RENEWED ON DATES SET BY THE
DEPARTMENT. THE TRIENNIAL REGISTRATION FEE SHALL BE  TWO  HUNDRED  SIXTY
DOLLARS  OR A PRO-RATED PORTION THEREOF AS DETERMINED BY THE DEPARTMENT.
AN EARLY INTERVENTION AGENCY'S REGISTRATION SHALL NOT BE RENEWED  UNLESS
THE  AGENCY IS APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DIS-
CIPLINARY  EVALUATIONS,  SERVICE  COORDINATION  OR  EARLY   INTERVENTION
PROGRAM  SERVICES  IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE
OF THE PUBLIC HEALTH LAW.
  B. WHERE THE APPLICANT SIMULTANEOUSLY RENEWS  ITS  REGISTRATION  AS  A
SPECIAL  EDUCATION  SCHOOL  AND  EARLY  INTERVENTION  AGENCY,  THE TOTAL
RENEWAL FEE SHALL BE TWO HUNDRED SIXTY DOLLARS.
  5. CHANGE OF LOCATION. IN THE EVENT THAT A CHANGE IN THE  LOCATION  OF
THE  CHIEF ADMINISTRATIVE OFFICES OF A SPECIAL EDUCATION SCHOOL OR EARLY
INTERVENTION AGENCY IS CONTEMPLATED, THE OWNER SHALL NOTIFY  THE  OFFICE
OF  PROFESSIONS  OF  THE  DEPARTMENT  OF THE CHANGE OF LOCATION AT LEAST
THIRTY DAYS PRIOR TO RELOCATION.
  6. APPLICANT REGISTRATION. AN APPLICANT FOR REGISTRATION AS A  SPECIAL
EDUCATION  SCHOOL  OR  EARLY  INTERVENTION AGENCY SHALL BE OF GOOD MORAL
CHARACTER, AS DETERMINED BY THE DEPARTMENT. IN THE CASE OF  A  CORPORATE
APPLICANT,  THE  REQUIREMENT  SHALL EXTEND TO ALL OFFICERS AND DIRECTORS
AND TO STOCKHOLDERS HAVING A TEN PERCENT  OR  GREATER  INTEREST  IN  THE
CORPORATION.
  7.  PROFESSIONAL  PRACTICE.  A. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A REGISTERED SPECIAL EDUCATION  SCHOOL  MAY  EMPLOY
INDIVIDUALS  LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ANY PROFESSION
PURSUANT TO THIS ARTICLE TO CONDUCT COMPONENTS OF  A  MULTI-DISCIPLINARY

A. 8689                             6

EVALUATION OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED OF HAVING A
DISABILITY  OR TO PROVIDE RELATED SERVICES TO CHILDREN WITH DISABILITIES
ENROLLED IN THE SCHOOL OR MAY PROVIDE COMPONENTS OF SUCH  AN  EVALUATION
OR  SUCH  RELATED  SERVICES  BY  CONTRACT WITH AN INDIVIDUAL LICENSED OR
OTHERWISE AUTHORIZED TO PRACTICE PURSUANT TO THIS ARTICLE OR  A  PROFES-
SIONAL  SERVICE  CORPORATION,  PROFESSIONAL  SERVICE  LIMITED  LIABILITY
COMPANY, PARTNERSHIP OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHOR-
IZED BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL SERVICES.
  B. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,  A
REGISTERED EARLY INTERVENTION AGENCY THAT IS APPROVED IN ACCORDANCE WITH
TITLE  TWO-A  OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW MAY EMPLOY
OR CONTRACT WITH INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED  TO  PRAC-
TICE  ANY  PROFESSION  PURSUANT  TO  THIS ARTICLE OR WITH A PROFESSIONAL
SERVICE CORPORATION, PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,
PARTNERSHIP  OR  REGISTERED  LIMITED LIABILITY PARTNERSHIP AUTHORIZED TO
CONDUCT  EARLY  INTERVENTION  PROGRAM  MULTI-DISCIPLINARY   EVALUATIONS,
PROVIDE  SERVICE  COORDINATION  SERVICES  AND EARLY INTERVENTION PROGRAM
SERVICES.
  C. A REGISTERED SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION  AGENCY
SHALL  NOT  PRACTICE  ANY  PROFESSION LICENSED PURSUANT TO THIS TITLE OR
HOLD ITSELF OUT TO THE PUBLIC  AS  AUTHORIZED  TO  PROVIDE  PROFESSIONAL
SERVICES  PURSUANT TO THIS TITLE EXCEPT AS AUTHORIZED BY THIS SECTION OR
OTHERWISE AUTHORIZED BY LAW.
  8. SUPERVISION OF PROFESSIONAL PRACTICE. A SPECIAL EDUCATION SCHOOL OR
EARLY INTERVENTION AGENCY SHALL BE UNDER THE SUPERVISION OF THE  REGENTS
OF  THE  UNIVERSITY OF THE STATE OF NEW YORK AND THE DEPARTMENT PURSUANT
TO THIS TITLE AND BE SUBJECT TO DISCIPLINARY PROCEEDINGS  AND  PENALTIES
IN THE SAME MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH RESPECT TO
INDIVIDUALS  AND  THEIR LICENSES, CERTIFICATES, AND REGISTRATIONS IN THE
PROVISIONS OF THIS TITLE RELATING TO THE APPLICABLE PROFESSION, AND  THE
REGISTRATION  OF A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY
SHALL BE SUBJECT TO  SUSPENSION,  REVOCATION  OR  ANNULMENT  FOR  CAUSE.
NOTWITHSTANDING  THE PROVISIONS OF THIS SUBDIVISION, A SPECIAL EDUCATION
SCHOOL OR EARLY INTERVENTION AGENCY THAT CONDUCTS  OR  CONTRACTS  FOR  A
COMPONENT  OF A MULTI-DISCIPLINARY EVALUATION THAT INVOLVES THE PRACTICE
OF MEDICINE SHALL BE SUBJECT TO THE PRE-HEARING PROCEDURES  AND  HEARING
PROCEDURES  AS  IS  PROVIDED  WITH  RESPECT TO INDIVIDUAL PHYSICIANS AND
THEIR LICENSES IN TITLE TWO-A OF ARTICLE TWO OF THE PUBLIC  HEALTH  LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON REVOCA-
TION OR OTHER TERMINATION BY THE COMMISSIONER OF APPROVAL OF THE SPECIAL
EDUCATION SCHOOL PURSUANT TO ARTICLE EIGHTY-NINE OF THIS CHAPTER AND THE
REGULATIONS  OF  THE  COMMISSIONER  IMPLEMENTING  SUCH ARTICLE OR OF THE
EARLY INTERVENTION AGENCY PURSUANT TO TITLE TWO-A OF ARTICLE TWENTY-FIVE
OF THE PUBLIC HEALTH LAW AND IMPLEMENTING REGULATIONS, THE  SCHOOL'S  OR
EARLY  INTERVENTION AGENCY'S REGISTRATION PURSUANT TO THIS SECTION SHALL
BE DEEMED REVOKED AND ANNULLED.
  S 5. This act shall take effect immediately.

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2009-A8689A - Details

See Senate Version of this Bill:: S4197
Current Committee:: Assembly Codes
Law Section:: Education Law
Laws Affected:: Rpld & add §4410 sub 6, amd §4410, add §6503-a, Ed L

2009-A8689A - Summary

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

2009-A8689A - Sponsor Memo

                                BILL NUMBER:A8689A

TITLE OF BILL:

An  act  to  amend  the  education  law,  in relation to the practice of
licensed professions by special education schools and early intervention
agencies and their employees; and to repeal certain provisions  of  such
law relating thereto

PURPOSE OF THE BILL:

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

of Article 25 of the Public  Health  Law  that  contemplate  that  early
intervention  agencies  be  organized to provide the full range of early
intervention program services.

SUMMARY OF THE PROVISIONS OF THE BILL:

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

New §4410(6)(a) would  provide  that  approved  providers  of  preschool
special education that are registered as special education schools under
new  §6503-a  of  Education  Law  would be authorized to employ licensed
professionals or contract with licensees or entities legally  authorized
to  provide  professional  services  in accordance with §6503-a. Without
such registration, employment or contracting for  professional  services
in  most licensed professions would conflict with restrictions on corpo-
rate practice under Title VIII.

New §4410(6)(b) would clarify that an approved program may be formed  as
an education corporation, or, with the consent of the Commissioner, as a

not-for-profit  corporation,  business corporation, or limited liability
company, or a group  of  appropriately  licensed  professionals  may  be
formed  as  a professional service limited liability company (PLLC) or a
registered limited liability partnership (RLLP) and if so formed, may be
authorized  to  provide  special  education itinerant services or educa-
tional services, even though they  are  entities  ordinarily  formed  to
provide  professional  services.  In  addition,  such an entity would be
authorized to contract with other professionals or  entities  authorized
to  provide  professional  services  that  the PLLC or RLLP would not be
authorized to provide directly, where such services are rendered for the
purposes of conducting  a  multi-disciplinary  evaluation  or  providing
related services specified in the IEP of a preschool child.

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

§7605(1) would apply to an approved 4410 provider that is a center-based
program,  so they may employ a school psychologist for services rendered
to students enrolled in such center-based program.

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

Section  3  would amend §4410(9-a)(a) of Education Law to require that a
group of appropriately  licensed  or  certified  professionals  must  be
formed  as  a  PLLC,  foreign  PLLC, RLLP or New York foreign RLLP to be
eligible for approval as an evaluator on and after  July  1,  2009.  The
bill  also  would provide that the approval of any groups of licensed or
certified professionals that are in existence on July 1, 2010 and  would
not be eligible for approval thereafter would terminate on July 1, 2011.

Section 4 would add a new §6503-a to Education Law to provide for regis-
tration of special education schools as corporate entities authorized to
provide  a  range of professional services relating to the evaluation of
students suspected of having a disability and the  delivery  of  related
services to students with disabilities either through licensees employed
by  the  school  or by contract with licensees or other authorized enti-
ties. New §6503-a would also provide for registration  of  early  inter-

vention  agencies as corporate entities authorized to provide a range of
professional services relating to the  early  intervention  program  for
infants  and toddlers with disabilities from birth to 2. In return, such
registered  special  education  schools  and early intervention agencies
would become subject to professional discipline in the  same  manner  as
professional corporations, PLLCs and other entities authorized to engage
in  the  practice  of  a  profession. New §6503-a (1) would supply defi-
nitions of "special  education  school,"  "early  intervention  agency,"
"early  intervention  program  services," "multidisciplinary evaluation"
for both special education schools and early intervention agencies,  and
"related  services."  A "special education school" would include a §4410
approved  provider,  approved  private  residential  or  non-residential
school  for the education of students with disabilities (a "Chapter 853"
school), and a child care institution that operates a private school  or
an  institution  for  the  deaf or blind ("4201 school") that conducts a
multidisciplinary evaluation or provides related services in one or more
licensed professions for which no exception  from  prohibitions  against
corporate  practice exists. New §6503-a(2) would prohibit special educa-
tion schools that are not registered  from  employing  licensed  profes-
sionals  or  contracting  with  other  entities to practice a profession
while conducting a multi-disciplinary evaluation  or  providing  related
services  to  students  with  disabilities,  unless  an exception to the
corporate practice prohibition exists. "Early intervention agency" would
mean an agency as defined in title two-a of article twenty-five  of  the
public  health  law  which is approved or is seeking approval to deliver
early intervention program multidisciplinary evaluations, service  coor-
dination  services  and  early  intervention  program  services,  and is
lawfully operated by a not-for-profit corporation, private  corporation,
limited  liability company, registered limited liability partnership, or
other private entity. "Early intervention program services"  would  mean
early  intervention  services as defined in subdivision seven of section
twenty-five hundred forty-one of the public health law that are provided
under the early intervention  program  and  authorized  in  an  eligible
child's individualized family services plan.

All  special education schools and early intervention agencies in exist-
ence on the effective date of new §6503-a would be deemed registered for
a period of time commencing on the effective date (June  30,  2010)  and
ending on July 1,2011, allowing them time to apply for and obtain regis-
tration.  New §6503-a (3) would contain the procedures for registration,
including an initial fee of  $345,  and  provides  where  the  applicant
simultaneously  applies  for  approval as a special education school and
early intervention agency the total registration fee will be $345.   New
§6503-a (4) would provide for registration renewal, with a triennial fee
of  $260  and  provides  where  the  applicant simultaneously renews its
registration as a special education school and early intervention  agen-
cy,  the total renewal fee will be $260. New §6503-a (5) and (6) respec-
tively would require notification of a change in location and  impose  a
good  moral  character  requirement on applicants.  New §6503-a(7) would
authorize registered special education schools  and  early  intervention
agencies  to employ licensed professionals or contract with licensees or
entities legally authorized to practice the profession involved,  solely

for the purpose of conducting a multi-disciplinary evaluation or provid-
ing related services to students with disabilities. New §6503-a(8) would
make  registered  special education schools and early intervention agen-
cies  subject to the supervision of the Board of Regents and the Depart-
ment relating to professional practice,  including  professional  disci-
pline.

Section 5 is the effective date.

STATEMENT IN SUPPORT OF THE BILL:

This  bill  would add a new Education Law §6503-a and a new §4410(6) and
would amend §4410(9) and (9-a) to resolve a series of conflicts  between
the  provisions  of  Article 89 of Education Law, particularly §4410, as
well as the provisions of Title 2-A of Article 25 of the  Public  Health
Law relating to early intervention programs, and the provisions of Title
VIII of Education Law that prohibit licensed professionals from engaging
in  corporate practice in most professions, particularly in an organiza-
tion with licensees from other professions. Education Law §6512 makes it
a Class E felony for an unlicensed person to practice a licensed profes-
sion or hold oneself out as being able to practice  a  licensed  profes-
sion.  With  certain exceptions, such as speech-pathology and audiology,
corporate practice (practice of a profession by a corporation  or  other
corporate  entity)  is generally prohibited, particularly where multiple
professions are involved.

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

It  is imperative that action be taken to address this conflict in a way
that would preserve  the  ability  of  approved  private  schools,  4201
schools  and approved preschool providers to continue to deliver related
services to students with disabilities and,  where  applicable,  conduct
multi-disciplinary  evaluations  of students suspected of having a disa-
bility, and that would preserve the ability of early intervention  agen-
cies  to conduct multi-disciplinary evaluations and provide early inter-

vention services to infants and toddlers with  disabilities.  This  bill
would  accomplish  that goal, while striking a balance that assures that
the policies underlying the laws regulating the licensed professions are
preserved.  It  would do so by authorizing special education schools and
early intervention agencies to employ licensed professionals or contract
for services from other licensees or entities to conduct multi-discipli-
nary evaluations or deliver related services to students enrolled in the
school, provided that the school  or  agency  becomes  registered  under
Education  Law §6503-a and thereby becomes subject to supervision by the
Regents and the Department under the law governing the  professions  and
subject  to  professional  discipline.  This  would  provide  protection
against unlawful practice of the professions, while allowing the special
education schools and early intervention agencies to continue  to  func-
tion  without disruption. This bill would allow schools and early inter-
vention agencies to continue in their existing corporate form,  provided
that they become registered under §6503-a.

New  §4410(6)  would also codify the Department's past interpretation of
Education Law §§8207(2) and 7605(1) that an approved  center-based  4410
provider  is  a school indistinguishable from an elementary or secondary
school that is exempted from the practice of  speech-language  pathology
and  audiology  and psychology pursuant to those sections and is author-
ized to employ teachers of the speech and hearing handicapped and school
psychologists to deliver speech and language and psychological services,
respectively. Thus, this bill would maintain the status  quo  and  allow
such  providers  to  continue  to  deliver  these  services  to students
enrolled in  an  approved  center-based  program  without  employing  or
contracting  with  licensed  psychologists  or  licensed speech-language
therapists, just as other approved center-based 4410 providers who serve
both preschool children and students with disabilities of school age are
clearly  authorized  to  do  under  any  reasonable  interpretation   of
§§8207(2)  and 7605(1). If this issue is not clarified, the result could
be a disruption in services to  preschool  students  with  disabilities,
particularly where shortages of licensed professionals exist.

BUDGETARY IMPLICATIONS OF THE BILL:

This  bill  should not result in significant costs to the State or local
governments. The bill would require special education schools and  early
intervention  agencies  obtaining  a registration under §6503-a to pay a
fee of $345 and a triennial re-registration fee of  $260,  which  should
defray the costs of implementation of the registration process.

PRIOR LEGISLATIVE HISTORY:

This  is  a new bill. In 2007, similar legislation was introduced in the
Assembly as a portion of A.8682, which  was  reported  to  the  Assembly
Education Committee and no further action was taken.

EFFECTIVE DATE:

This  act  would  take effect June 30, 2010. To ensure the protection of
the practice of professions, the effective date will provide the Depart-
ment of Health time to develop and adopt in  regulations,  criteria  and
service  delivery standards for approval and re-approval of early inter-
vention providers.

2009-A8689A - Bill Text download pdf

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

                                 8689--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced  by  M. of A. GLICK, PAULIN, JAFFEE, STIRPE, TITUS, CASTRO --
  Multi-Sponsored by -- M. of A. LUPARDO, PHEFFER -- (at request of  the
  State Education Department) -- read once and referred to the Committee
  on  Higher  Education  --  committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education  law,  in  relation  to  the  practice  of
  licensed  professions  by  special  education schools and early inter-
  vention agencies and their employees; and to repeal certain provisions
  of such law relating thereto

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

  Section  1.  Subdivision  6  of  section  4410 of the education law is
REPEALED and a new subdivision 6 is added to read as follows:
  6. PROFESSIONAL PRACTICE ISSUES.  A.  APPROVED  PROGRAMS  OPERATED  BY
PRIVATE  PROVIDERS  SHALL  BE  SUBJECT  TO  REGISTRATION  TO  THE EXTENT
PROVIDED IN SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER, AND,  IF
REQUIRED  TO  BE  REGISTERED,  SHALL  BE  AUTHORIZED  TO EMPLOY LICENSED
PROFESSIONALS OR CONTRACT WITH LICENSED PROFESSIONALS OR ENTITIES LEGAL-
LY AUTHORIZED TO PROVIDE PROFESSIONAL SERVICES IN ACCORDANCE  WITH  SUCH
SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER.
  B.  AN APPROVED PROGRAM MAY BE FORMED AS AN EDUCATION CORPORATION, OR,
WITH THE CONSENT OF THE COMMISSIONER, AS A  NOT-FOR-PROFIT  CORPORATION,
BUSINESS  CORPORATION  OR  LIMITED  LIABILITY  COMPANY.  IN ADDITION, AN
APPROVED PROGRAM OR GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFES-
SIONALS MAY BE FORMED AS A PROFESSIONAL SERVICE LIMITED LIABILITY COMPA-
NY OR AS A FOREIGN PROFESSIONAL SERVICE  LIMITED  LIABILITY  COMPANY  IN
ACCORDANCE  WITH THE APPLICABLE PROVISIONS OF ARTICLE TWELVE OR THIRTEEN
OF THE LIMITED LIABILITY COMPANY LAW OR AS A REGISTERED LIMITED  LIABIL-
ITY  PARTNERSHIP  IN ACCORDANCE WITH SECTION 121-1500 OF THE PARTNERSHIP
LAW OR AS A NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP IN
ACCORDANCE WITH SECTION 121-1502 OF THE  PARTNERSHIP  LAW.  AN  APPROVED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02397-07-9

A. 8689--A                          2

PROGRAM  FORMED AS SUCH A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
OR REGISTERED LIMITED LIABILITY PARTNERSHIP MAY BE AUTHORIZED TO PROVIDE
SPECIAL EDUCATION ITINERANT SERVICES OR OTHER EDUCATIONAL  SERVICES  NOT
INVOLVING PRACTICE OF A PROFESSION UNDER TITLE EIGHT OF THIS CHAPTER. AN
APPROVED PROGRAM OR GROUP OF PROFESSIONALS FORMED AS SUCH A PROFESSIONAL
SERVICE  LIMITED LIABILITY COMPANY OR REGISTERED LIMITED LIABILITY PART-
NERSHIP MAY CONTRACT WITH INDIVIDUALS LICENSED OR  OTHERWISE  AUTHORIZED
TO PRACTICE, OR A PROFESSIONAL SERVICE CORPORATION, PARTNERSHIP OR OTHER
ENTITY  LEGALLY AUTHORIZED TO PRACTICE, ANY PROFESSION UNDER TITLE EIGHT
OF THIS CHAPTER IN WHICH THE COMPANY WOULD NOT BE AUTHORIZED TO  PROVIDE
PROFESSIONAL  SERVICES UNDER THE APPLICABLE PROVISIONS OF SECTION TWELVE
HUNDRED THREE OR SUBDIVISION (A) OF SECTION THIRTEEN HUNDRED ONE OF  THE
LIMITED  LIABILITY  COMPANY  LAW OR SECTIONS 121-1500 OR 121-1502 OF THE
PARTNERSHIP LAW, SOLELY FOR THE PURPOSES OF CONDUCTING A MULTI-DISCIPLI-
NARY EVALUATION OF A PRESCHOOL CHILD SUSPECTED OF HAVING A DISABILITY OR
A PRESCHOOL CHILD WITH A DISABILITY OR PROVIDING RELATED SERVICES SPECI-
FIED IN THE INDIVIDUALIZED EDUCATION PROGRAM OF A PRESCHOOL CHILD.
  C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
EXEMPTION IN SUBDIVISION TWO OF SECTION EIGHTY-TWO HUNDRED SEVEN OF THIS
CHAPTER  SHALL  APPLY  TO  PERSONS  EMPLOYED  BY  A CENTER-BASED PROGRAM
APPROVED PURSUANT TO SUBDIVISION NINE OF THIS  SECTION  TO  PERFORM  THE
DUTIES  OF  A  SPEECH-LANGUAGE  PATHOLOGIST, AUDIOLOGIST, TEACHER OF THE
SPEECH AND HEARING IMPAIRED OR TEACHER OF THE DEAF TO STUDENTS  ENROLLED
IN SUCH APPROVED CENTER-BASED PROGRAM IN THE COURSE OF THEIR EMPLOYMENT.
  D.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
EXEMPTION IN SUBDIVISION ONE OF SECTION SEVENTY-SIX HUNDRED FIVE OF THIS
CHAPTER SHALL APPLY  TO  PERSONS  EMPLOYED  BY  A  CENTER-BASED  PROGRAM
APPROVED  PURSUANT  TO  SUBDIVISION  NINE  OF  THIS  SECTION AS A SCHOOL
PSYCHOLOGIST TO PROVIDE  ACTIVITIES,  SERVICES  AND  USE  OF  THE  TITLE
PSYCHOLOGIST  TO STUDENTS ENROLLED IN SUCH APPROVED CENTER-BASED PROGRAM
IN THE COURSE OF THEIR EMPLOYMENT.
  S 2. Paragraphs b and d of subdivision 9 of section 4410 of the educa-
tion law, as amended by chapter 705 of the laws of 1992, are amended  to
read as follows:
  b. As part of an application submitted pursuant to paragraph a of this
subdivision,  a  provider of special services or programs shall submit a
description of its  multi-disciplinary  evaluation  component,  if  any,
which shall be subject to the approval of the commissioner in accordance
with  regulations  adopted  for such purpose after consultation with the
appropriate advisory committee. Such components or program may  rely  in
part  on  formal  written  agreements or affiliations with appropriately
certified or licensed professionals, or agencies employing such  profes-
sionals,  provided  that  such  professionals  or agencies perform their
responsibilities in conformance with regulations of the commissioner and
that providers fully disclose any such arrangements on all  applications
for  program  approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES
THAT IT SHALL APPLY FOR AND  OBTAIN  REGISTRATION  PURSUANT  TO  SECTION
SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER PRIOR TO PROVIDING EVALUATION
SERVICES  PURSUANT  TO SUCH WRITTEN AGREEMENTS OR AFFILIATIONS.  Nothing
herein shall require a provider of special services or programs to  have
a multidisciplinary evaluation program.
  d.  Providers may make application to conduct a program that relies on
formal written agreements or affiliations with other  approved  programs
or appropriately certified or licensed professionals, provided that such
arrangements are fully disclosed on all applications to the commissioner
for  program  approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES

A. 8689--A                          3

THAT IT SHALL APPLY FOR AND  OBTAIN  REGISTRATION  PURSUANT  TO  SECTION
SIXTY-FIVE  HUNDRED  THREE-A  OF THIS CHAPTER PRIOR TO PROVIDING RELATED
SERVICES PURSUANT TO ANY SUCH WRITTEN AGREEMENTS OR AFFILIATIONS INVOLV-
ING LICENSED PROFESSIONALS.
  S 3. Paragraph (a) of subdivision 9-a of section 4410 of the education
law,  as  added by chapter 82 of the laws of 1995, is amended to read as
follows:
  (a) A school district or a  group  of  appropriately  licensed  and/or
certified  professionals  associated with a public or private agency may
apply to the commissioner  for  approval  as  an  evaluator  on  a  form
prescribed  by  the  commissioner. The commissioner shall approve evalu-
ators pursuant to this subdivision consistent with the approval  process
for  the  multi-disciplinary  evaluation  component of programs approved
pursuant to subdivision nine of this section consistent with regulations
adopted pursuant to such subdivision.
  Such application shall include, but not be limited to,  a  description
of  the  multi-disciplinary  evaluation services proposed to be provided
and a demonstration that all agency employees and staff who provide such
evaluation services shall  have  appropriate  licensure  and/or  certif-
ication  and  that  the  individual  who  shall  have direct supervision
responsibilities over such staff shall  have  an  appropriate  level  of
experience  in  providing evaluation or services to preschool or kinder-
garten-aged children with [handicapping conditions] DISABILITIES. TO  BE
ELIGIBLE FOR APPROVAL AS AN EVALUATOR ON AND AFTER JULY FIRST, TWO THOU-
SAND  TEN,  A GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFESSIONALS
SHALL BE FORMED AS A PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,
FOREIGN  PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,  REGISTERED
LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  FOREIGN  REGISTERED  LIMITED
LIABILITY  PARTNERSHIP. THE APPROVAL OF ANY GROUPS OF LICENSED OR CERTI-
FIED PROFESSIONALS THAT ARE IN EXISTENCE ON JULY FIRST, TWO THOUSAND TEN
AND WOULD NOT BE ELIGIBLE FOR APPROVAL  THEREAFTER  SHALL  TERMINATE  ON
JULY FIRST, TWO THOUSAND ELEVEN.
  S  4.  The  education law is amended by adding a new section 6503-a to
read as follows:
  S 6503-A. REGISTRATION OF CERTAIN SPECIAL EDUCATION SCHOOLS AND  EARLY
INTERVENTION AGENCIES. 1. DEFINITIONS. AS USED IN THIS SECTION:
  A.  "SPECIAL EDUCATION SCHOOL" MEANS AN APPROVED PROGRAM AS DEFINED IN
PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER THAT IS LAWFULLY OPERATED  BY  A  PRIVATE  CORPORATION,  LIMITED
LIABILITY  COMPANY,  REGISTERED  LIMITED LIABILITY PARTNERSHIP, OR OTHER
PRIVATE ENTITY; AN APPROVED PRIVATE NONRESIDENTIAL OR RESIDENTIAL SCHOOL
FOR THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS  LOCATED  WITHIN
THE  STATE; A CHILD CARE INSTITUTION AS DEFINED IN SECTION FOUR THOUSAND
ONE OF THIS CHAPTER THAT OPERATES A PRIVATE SCHOOL FOR THE EDUCATION  OF
STUDENTS WITH DISABILITIES OR AN INSTITUTION FOR THE DEAF OR BLIND OPER-
ATING  PURSUANT  TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER THAT EITHER: (1)
CONDUCTS A MULTI-DISCIPLINARY  EVALUATION    FOR  PURPOSES  OF  ARTICLES
EIGHTY-ONE  OR EIGHTY-NINE OF THIS CHAPTER THAT INVOLVES THE PRACTICE OF
ONE OR MORE PROFESSIONS FOR WHICH A LICENSE IS REQUIRED PURSUANT TO THIS
TITLE AND NO EXCEPTION FROM CORPORATE PRACTICE RESTRICTIONS APPLIES,  OR
(2)  PROVIDES  RELATED  SERVICES  TO  STUDENTS ENROLLED IN THE SCHOOL OR
APPROVED PROGRAM THAT INVOLVES THE PRACTICE OF ONE OR  MORE  PROFESSIONS
FOR  WHICH A LICENSE IS REQUIRED PURSUANT TO THIS TITLE AND NO EXCEPTION
FROM PRACTICE RESTRICTIONS APPLIES. SUCH TERM SHALL NOT INCLUDE A SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MUNICIPALITY, STATE
AGENCY OR  OTHER  PUBLIC  ENTITY.  NOTHING  IN  THIS  SECTION  SHALL  BE

A. 8689--A                          4

CONSTRUED  TO  REQUIRE  REGISTRATION  OF  A  CHILD CARE INSTITUTION THAT
CONDUCTS MULTI-DISCIPLINARY EVALUATIONS  OR  PROVIDES  RELATED  SERVICES
THROUGH AN APPROVED PRIVATE NONRESIDENTIAL SCHOOL OPERATED BY SUCH CHILD
CARE  INSTITUTION,  PROVIDED  THAT SUCH SCHOOL IS REGISTERED PURSUANT TO
THIS SECTION.
  B. "EARLY INTERVENTION AGENCY" FOR PURPOSES OF THIS SECTION  MEANS  AN
AGENCY WHICH IS APPROVED OR IS SEEKING APPROVAL IN ACCORDANCE WITH TITLE
TWO-A  OF  ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW TO DELIVER EARLY
INTERVENTION PROGRAM MULTIDISCIPLINARY EVALUATIONS, SERVICE COORDINATION
SERVICES AND EARLY INTERVENTION PROGRAM SERVICES, AND IS LAWFULLY  OPER-
ATED  BY  A  NOT-FOR-PROFIT  CORPORATION,  PRIVATE  CORPORATION, LIMITED
LIABILITY COMPANY, REGISTERED LIMITED LIABILITY  PARTNERSHIP,  OR  OTHER
PRIVATE ENTITY.
  C.  "EARLY  INTERVENTION  PROGRAM  SERVICES"  MEANS EARLY INTERVENTION
SERVICES AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-FIVE  HUNDRED
FORTY-ONE  OF  THE  PUBLIC  HEALTH LAW THAT ARE PROVIDED UNDER THE EARLY
INTERVENTION PROGRAM AND AUTHORIZED IN AN ELIGIBLE  CHILD'S  INDIVIDUAL-
IZED FAMILY SERVICES PLAN.
  D. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF A SPECIAL EDUCATION
SCHOOL  MEANS  A  MULTI-DISCIPLINARY  EVALUATION  OF  A  PRESCHOOL CHILD
SUSPECTED OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A  DISABILITY
THAT  IS  CONDUCTED  PURSUANT  TO SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER OR AN EVALUATION OF A SCHOOL-AGE CHILD  SUSPECTED  OF  HAVING  A
DISABILITY  OR  WITH  A  DISABILITY  WHICH  IS CONDUCTED BY A CHILD CARE
INSTITUTION THAT OPERATES A SPECIAL  EDUCATION  SCHOOL  OR  THE  SPECIAL
EDUCATION  SCHOOL  OPERATED  BY SUCH INSTITUTION PURSUANT TO SUBDIVISION
THREE OF SECTION FOUR THOUSAND TWO OF THIS CHAPTER OR BY AN  INSTITUTION
FOR  THE DEAF OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS
CHAPTER OR AN EVALUATION OF A SCHOOL-AGE CHILD  SUSPECTED  OF  HAVING  A
DISABILITY  OR WITH A DISABILITY THAT IS AUTHORIZED TO BE CONDUCTED BY A
SPECIAL EDUCATION SCHOOL PURSUANT TO ANY OTHER PROVISION OF THIS CHAPTER
AND THE REGULATIONS OF THE COMMISSIONER FOR PURPOSES  OF  IDENTIFICATION
OF THE CHILD AS A CHILD WITH A DISABILITY OR THE DEVELOPMENT OF AN INDI-
VIDUALIZED EDUCATION PROGRAM FOR THE CHILD.
  E.  "MULTI-DISCIPLINARY  EVALUATION"  FOR PURPOSES OF THE EARLY INTER-
VENTION PROGRAM MEANS A PROFESSIONAL, OBJECTIVE ASSESSMENT CONDUCTED  BY
APPROPRIATELY QUALIFIED PERSONNEL IN ACCORDANCE WITH SECTION TWENTY-FIVE
HUNDRED  FORTY-FOUR  OF THE PUBLIC HEALTH LAW AND ITS IMPLEMENTING REGU-
LATIONS TO  DETERMINE  A  CHILD'S  ELIGIBILITY  FOR  EARLY  INTERVENTION
PROGRAM SERVICES.
  F. "RELATED SERVICES" MEANS RELATED SERVICES AS DEFINED IN PARAGRAPH G
OF SUBDIVISION TWO OF SECTION FOUR THOUSAND TWO, PARAGRAPH K OF SUBDIVI-
SION  TWO  OF SECTION FORTY-FOUR HUNDRED ONE, OR PARAGRAPH J OF SUBDIVI-
SION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER PROVIDED TO A
CHILD WITH A DISABILITY PURSUANT TO SUCH CHILD'S  INDIVIDUALIZED  EDUCA-
TION PROGRAM.
  2. REGISTRATION. A. NO SPECIAL EDUCATION SCHOOL MAY EMPLOY INDIVIDUALS
LICENSED  PURSUANT TO THIS ARTICLE TO CONDUCT COMPONENTS OF A MULTI-DIS-
CIPLINARY EVALUATION OF A CHILD WITH A DISABILITY OR A  CHILD  SUSPECTED
OF  HAVING  A DISABILITY OR TO PROVIDE RELATED SERVICES TO CHILDREN WITH
DISABILITIES ENROLLED IN THE SCHOOL, AND NO SPECIAL EDUCATION SCHOOL MAY
PROVIDE SUCH AN EVALUATION COMPONENT OR  RELATED  SERVICES  BY  CONTRACT
WITH AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT
TO  THIS  ARTICLE  OR  A  PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY, OR REGISTERED LIMITED LIABILITY PART-
NERSHIP AUTHORIZED BY LAW TO PROVIDE PROFESSIONAL SERVICES, UNLESS  SUCH

A. 8689--A                          5

SCHOOL  IS  REGISTERED  PURSUANT  TO THIS SECTION. ALL SPECIAL EDUCATION
SCHOOLS APPROVED BY THE COMMISSIONER AS OF THE EFFECTIVE  DATE  OF  THIS
SECTION SHALL BE DEEMED REGISTERED PURSUANT TO THIS SECTION FOR A PERIOD
COMMENCING ON SUCH EFFECTIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND
ELEVEN.
  B.  NO  EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT WITH INDIVID-
UALS LICENSED PURSUANT TO THIS ARTICLE OR WITH  A  PROFESSIONAL  SERVICE
CORPORATION, PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, PARTNERSHIP
OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHORIZED BY LAW TO PROVIDE
THE  APPLICABLE  PROFESSIONAL SERVICES, TO CONDUCT AN EARLY INTERVENTION
PROGRAM  MULTIDISCIPLINARY  EVALUATION,  PROVIDE  SERVICE   COORDINATION
SERVICES  OR  EARLY  INTERVENTION PROGRAM SERVICES UNLESS SUCH AGENCY IS
REGISTERED PURSUANT TO THIS SECTION  AND  APPROVED  IN  ACCORDANCE  WITH
TITLE  TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW AS AN EARLY
INTERVENTION PROGRAM PROVIDER. ALL EARLY INTERVENTION AGENCIES IN EXIST-
ENCE AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED REGISTERED
PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON SUCH EFFECTIVE  DATE
AND  ENDING  ON JULY FIRST, TWO THOUSAND ELEVEN. NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO REQUIRE AN EARLY INTERVENTION AGENCY  TO  REGISTER
IN ACCORDANCE WITH THIS SECTION PROVIDED THAT IT IS OTHERWISE AUTHORIZED
BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL SERVICES.
  3.  OBTAINING  A  REGISTRATION.  A  SPECIAL EDUCATION SCHOOL AND EARLY
INTERVENTION AGENCY SHALL BE REGISTERED AS FOLLOWS:
  A. APPLICATION FOR REGISTRATION SHALL BE MADE ON A FORM PRESCRIBED  BY
THE DEPARTMENT.
  B.  THE APPLICATION FOR INITIAL REGISTRATION SHALL BE ACCOMPANIED BY A
FEE OF THREE HUNDRED FORTY-FIVE DOLLARS.
  C. WHERE THE  APPLICANT  SIMULTANEOUSLY  APPLIES  FOR  APPROVAL  AS  A
SPECIAL  EDUCATION SCHOOL AND EARLY INTERVENTION AGENCY THE TOTAL REGIS-
TRATION FEE SHALL BE THREE HUNDRED FORTY-FIVE DOLLARS.
  4. RENEWAL OF REGISTRATION. A. ALL SPECIAL EDUCATION SCHOOL AND  EARLY
INTERVENTION  AGENCY  REGISTRATIONS SHALL BE RENEWED ON DATES SET BY THE
DEPARTMENT. THE TRIENNIAL REGISTRATION FEE SHALL BE  TWO  HUNDRED  SIXTY
DOLLARS  OR A PRO-RATED PORTION THEREOF AS DETERMINED BY THE DEPARTMENT.
AN EARLY INTERVENTION AGENCY'S REGISTRATION SHALL NOT BE RENEWED  UNLESS
THE  AGENCY IS APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DIS-
CIPLINARY  EVALUATIONS,  SERVICE  COORDINATION  OR  EARLY   INTERVENTION
PROGRAM  SERVICES  IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE
OF THE PUBLIC HEALTH LAW.
  B. WHERE THE APPLICANT SIMULTANEOUSLY RENEWS  ITS  REGISTRATION  AS  A
SPECIAL  EDUCATION  SCHOOL  AND  EARLY  INTERVENTION  AGENCY,  THE TOTAL
RENEWAL FEE SHALL BE TWO HUNDRED SIXTY DOLLARS.
  5. CHANGE OF LOCATION. IN THE EVENT THAT A CHANGE IN THE  LOCATION  OF
THE  CHIEF ADMINISTRATIVE OFFICES OF A SPECIAL EDUCATION SCHOOL OR EARLY
INTERVENTION AGENCY IS CONTEMPLATED, THE OWNER SHALL NOTIFY  THE  OFFICE
OF  PROFESSIONS  OF  THE  DEPARTMENT  OF THE CHANGE OF LOCATION AT LEAST
THIRTY DAYS PRIOR TO RELOCATION.
  6. APPLICANT REGISTRATION. AN APPLICANT FOR REGISTRATION AS A  SPECIAL
EDUCATION  SCHOOL  OR  EARLY  INTERVENTION AGENCY SHALL BE OF GOOD MORAL
CHARACTER, AS DETERMINED BY THE DEPARTMENT. IN THE CASE OF  A  CORPORATE
APPLICANT,  THE  REQUIREMENT  SHALL EXTEND TO ALL OFFICERS AND DIRECTORS
AND TO STOCKHOLDERS HAVING A TEN PERCENT  OR  GREATER  INTEREST  IN  THE
CORPORATION.
  7.  PROFESSIONAL  PRACTICE.  A. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A REGISTERED SPECIAL EDUCATION  SCHOOL  MAY  EMPLOY
INDIVIDUALS  LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ANY PROFESSION

A. 8689--A                          6

PURSUANT TO THIS ARTICLE TO CONDUCT COMPONENTS OF  A  MULTI-DISCIPLINARY
EVALUATION OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED OF HAVING A
DISABILITY  OR TO PROVIDE RELATED SERVICES TO CHILDREN WITH DISABILITIES
ENROLLED  IN  THE SCHOOL OR MAY PROVIDE COMPONENTS OF SUCH AN EVALUATION
OR SUCH RELATED SERVICES BY CONTRACT  WITH  AN  INDIVIDUAL  LICENSED  OR
OTHERWISE  AUTHORIZED  TO PRACTICE PURSUANT TO THIS ARTICLE OR A PROFES-
SIONAL  SERVICE  CORPORATION,  PROFESSIONAL  SERVICE  LIMITED  LIABILITY
COMPANY, PARTNERSHIP OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHOR-
IZED BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL SERVICES.
  B.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY, A
REGISTERED EARLY INTERVENTION AGENCY THAT IS APPROVED IN ACCORDANCE WITH
TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW  MAY  EMPLOY
OR  CONTRACT  WITH INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRAC-
TICE ANY PROFESSION PURSUANT TO THIS  ARTICLE  OR  WITH  A  PROFESSIONAL
SERVICE  CORPORATION,  PROFESSIONAL  SERVICE  LIMITED LIABILITY COMPANY,
PARTNERSHIP OR REGISTERED LIMITED LIABILITY  PARTNERSHIP  AUTHORIZED  TO
CONDUCT   EARLY  INTERVENTION  PROGRAM  MULTI-DISCIPLINARY  EVALUATIONS,
PROVIDE SERVICE COORDINATION SERVICES  AND  EARLY  INTERVENTION  PROGRAM
SERVICES.
  C.  A REGISTERED SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY
SHALL NOT PRACTICE ANY PROFESSION LICENSED PURSUANT  TO  THIS  TITLE  OR
HOLD  ITSELF  OUT  TO  THE  PUBLIC AS AUTHORIZED TO PROVIDE PROFESSIONAL
SERVICES PURSUANT TO THIS TITLE EXCEPT AS AUTHORIZED BY THIS SECTION  OR
OTHERWISE AUTHORIZED BY LAW.
  8. SUPERVISION OF PROFESSIONAL PRACTICE. A SPECIAL EDUCATION SCHOOL OR
EARLY  INTERVENTION AGENCY SHALL BE UNDER THE SUPERVISION OF THE REGENTS
OF THE UNIVERSITY OF THE STATE OF NEW YORK AND THE  DEPARTMENT  PURSUANT
TO  THIS  TITLE AND BE SUBJECT TO DISCIPLINARY PROCEEDINGS AND PENALTIES
IN THE SAME MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH RESPECT TO
INDIVIDUALS AND THEIR LICENSES, CERTIFICATES, AND REGISTRATIONS  IN  THE
PROVISIONS  OF THIS TITLE RELATING TO THE APPLICABLE PROFESSION, AND THE
REGISTRATION OF A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION  AGENCY
SHALL  BE  SUBJECT  TO  SUSPENSION,  REVOCATION  OR ANNULMENT FOR CAUSE.
NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, A SPECIAL  EDUCATION
SCHOOL  OR  EARLY  INTERVENTION  AGENCY THAT CONDUCTS OR CONTRACTS FOR A
COMPONENT OF A MULTI-DISCIPLINARY EVALUATION THAT INVOLVES THE  PRACTICE
OF  MEDICINE  SHALL BE SUBJECT TO THE PRE-HEARING PROCEDURES AND HEARING
PROCEDURES AS IS PROVIDED WITH  RESPECT  TO  INDIVIDUAL  PHYSICIANS  AND
THEIR  LICENSES  IN TITLE TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON REVOCA-
TION OR OTHER TERMINATION BY THE COMMISSIONER OF APPROVAL OF THE SPECIAL
EDUCATION SCHOOL PURSUANT TO ARTICLE EIGHTY-NINE OF THIS CHAPTER AND THE
REGULATIONS OF THE COMMISSIONER IMPLEMENTING  SUCH  ARTICLE  OR  OF  THE
EARLY INTERVENTION AGENCY PURSUANT TO TITLE TWO-A OF ARTICLE TWENTY-FIVE
OF  THE  PUBLIC HEALTH LAW AND IMPLEMENTING REGULATIONS, THE SCHOOL'S OR
EARLY INTERVENTION AGENCY'S REGISTRATION PURSUANT TO THIS SECTION  SHALL
BE DEEMED REVOKED AND ANNULLED.
  S 5. This act shall take effect June 30, 2010.

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2009-A8689B - Details

See Senate Version of this Bill:: S4197
Current Committee:: Assembly Codes
Law Section:: Education Law
Laws Affected:: Rpld & add §4410 sub 6, amd §4410, add §6503-a, Ed L

2009-A8689B - Summary

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

2009-A8689B - Sponsor Memo

                                BILL NUMBER:A8689B

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

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

SUMMARY OF SPECIFIC PROVISIONS:  Section 1 would repeal 54410(6) relat-
ing to transition of children who were in Preschool programs pursuant to
§236 of the Family Court Act before. July 1, 1989, and would add a new
subdivision 6 to §4410 of Education Law to resolve, in conjunction with
sections 2 through 4 of this bill, various conflicts between the
provisions of §4410 on preschool special education and the provisions of
Title VIII of Education Law on professional practice.

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

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

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

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

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

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

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

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

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

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

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

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

JUSTIFICATION:  This bill would add a new §6503-a and a new §4410(6) and
would amend §4410(9) and (9-a) to resolve a series of conflicts between
the provisions of Article 89 of Education Law, particularly §4410, as
well as the provisions of Title 2-A of Article 25 of the Public Health
Law relating to early intervention programs, and the provisions of Title
VIII of Education Law that prohibit licensed professionals from engaging
in corporate practice in most professions, particularly in an organiza-
tion with licensees from other professions. Education Law §6512 makes it
a Class E felony for an unlicensed person to practice a licensed profes-
sion or hold oneself out as being able to practice a licensed profes-
sion. With certain exceptions, such as speech-pathology and audiology,
corporate practice (practice of a profession by a corporation or other
corporate entity) is generally prohibited, particularly where multiple
professions are involved.

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

It is imperative that action be taken to address this conflict in a way
that would preserve the ability of approved not-for-profit private
schools, 4201 schools and approved preschool providers to continue to
deliver related services to students with disabilities and, where appli-
cable, conduct multi-disciplinary evaluations of students suspected of
having a disability, and that would preserve the ability of early inter-
vention agencies to conduct multi-disciplinary evaluations and provide
early intervention services to infants and toddlers with disabilities.
This bill would accomplish that goal, while striking a balance that
assures that the policies underlying the laws regulating the licensed
professions are preserved. It would do so by authorizing not-for-profit
special education schools and early intervention agencies to employ
licensed professionals or contract for services from other licensees or
entities to conduct multi-disciplinary evaluations or deliver related
services to students enrolled in the school, provided that the school or
agency obtains a waiver under Education Law §6503-a and thereby becomes
subject to supervision by the Regents and the Department under the law
governing the professions and subject to professional discipline. This

would provide protection against unlawful practice of the professions,
while allowing not-for-profit special education schools and early inter-
vention agencies to continue to function without disruption.

New §4410(6) would also codify the Department's past interpretation of
Education Law §§6207(2) and 7605(1) that an approved center-based 4410
provider is a school indistinguishable from an elementary or secondary
school that is exempted from the practice of speech-language pathology
and audiology and psychology pursuant to those sections and is author-
ized to employ teachers of the speech and hearing handicapped and school
psychologists to deliver speech and language and psychological services,
respectively. Thus, this bill would maintain: the status quo and allow
such providers to continue to deliver these services to students
enrolled in an approved center-based program without employing or
contracting with licensed psychologists or licensed speech-language
therapists, just as other approved center-based 4410 providers who serve
both preschool children and students with disabilities of School age are
clearly authorized to do under any reasonable interpretation of
§§8207(2) and 7605(1).

PRIOR LEGISLATIVE HISTORY: 2009 - A.8689-A - Ways & Means

FISCAL IMPLICATIONS: To be determined.

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

2009-A8689B - Bill Text download pdf

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

                                 8689--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced  by  M. of A. GLICK, PAULIN, JAFFEE, STIRPE, TITUS, CASTRO --
  Multi-Sponsored by -- M. of A. LUPARDO, McENENY, PHEFFER -- read  once
  and  referred  to  the  Committee  on  Higher  Education  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Higher  Education
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  education law, in relation to special education
  services and programs for preschool children with handicapping  condi-
  tions,  and  in  relation  to  waivers  for  certain special education
  schools and early intervention agencies; and to repeal  subdivision  6
  of section 4410 of such law relating thereto

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

  Section 1. Subdivision 6 of section  4410  of  the  education  law  is
REPEALED and a new subdivision 6 is added to read as follows:
  6.  PROFESSIONAL PRACTICE ISSUES. A. NOTWITHSTANDING ANY PROVISIONS OF
LAW TO THE CONTRARY, APPROVED PROGRAMS  OPERATED  BY  PRIVATE  PROVIDERS
SHALL  BE  AUTHORIZED  TO EMPLOY LICENSED PROFESSIONALS OR CONTRACT WITH
LICENSED PROFESSIONALS OR ENTITIES LEGALLY AUTHORIZED TO PROVIDE PROFES-
SIONAL SERVICES IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED THREE-A OF
THIS CHAPTER.
  B. AN APPROVED PROGRAM MAY BE FORMED, WITH THE CONSENT OF THE  COMMIS-
SIONER,  AS AN EDUCATION CORPORATION OR AS A NOT-FOR-PROFIT CORPORATION.
IN ADDITION, AN APPROVED PROGRAM OR GROUP OF APPROPRIATELY  LICENSED  OR
CERTIFIED  PROFESSIONALS MAY BE FORMED AS A PROFESSIONAL SERVICE LIMITED
LIABILITY COMPANY OR AS A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF  ARTICLE  TWELVE
OR  THIRTEEN  OF  THE  LIMITED  LIABILITY COMPANY LAW OR AS A REGISTERED
LIMITED LIABILITY PARTNERSHIP IN ACCORDANCE WITH SECTION 121-1500 OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02397-08-0

A. 8689--B                          2

PARTNERSHIP LAW OR AS A NEW YORK REGISTERED  FOREIGN  LIMITED  LIABILITY
PARTNERSHIP  IN ACCORDANCE WITH SECTION 121-1502 OF THE PARTNERSHIP LAW.
AN APPROVED PROGRAM  FORMED  AS  SUCH  A  PROFESSIONAL  SERVICE  LIMITED
LIABILITY  COMPANY  OR  REGISTERED  LIMITED LIABILITY PARTNERSHIP MAY BE
AUTHORIZED TO PROVIDE SPECIAL  EDUCATION  ITINERANT  SERVICES  OR  OTHER
EDUCATIONAL  SERVICES NOT INVOLVING PRACTICE OF A PROFESSION UNDER TITLE
EIGHT OF THIS CHAPTER. AN APPROVED PROGRAM  OR  GROUP  OF  PROFESSIONALS
FORMED  AS  SUCH  A  PROFESSIONAL  SERVICE  LIMITED LIABILITY COMPANY OR
REGISTERED LIMITED LIABILITY PARTNERSHIP MAY CONTRACT  WITH  INDIVIDUALS
LICENSED  OR  OTHERWISE  AUTHORIZED  TO PRACTICE, OR WITH A PROFESSIONAL
SERVICE CORPORATION, PARTNERSHIP OR OTHER ENTITY LEGALLY  AUTHORIZED  TO
PRACTICE  ANY  PROFESSION UNDER TITLE EIGHT OF THIS CHAPTER IN WHICH THE
ENTITY WOULD NOT BE AUTHORIZED TO PROVIDE  PROFESSIONAL  SERVICES  UNDER
THE APPLICABLE PROVISIONS OF SECTION TWELVE HUNDRED THREE OR SUBDIVISION
(A) OF SECTION THIRTEEN HUNDRED ONE OF THE LIMITED LIABILITY COMPANY LAW
OR  SECTIONS 121-1500 OR 121-1502 OF THE PARTNERSHIP LAW, SOLELY FOR THE
PURPOSES OF CONDUCTING A MULTI-DISCIPLINARY EVALUATION  OF  A  PRESCHOOL
CHILD SUSPECTED OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A DISA-
BILITY  OR  PROVIDING  RELATED  SERVICES SPECIFIED IN THE INDIVIDUALIZED
EDUCATION PROGRAM OF A PRESCHOOL CHILD.
  C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
EXEMPTION IN SUBDIVISION TWO OF SECTION EIGHTY-TWO HUNDRED SEVEN OF THIS
CHAPTER  SHALL  APPLY  TO  PERSONS  EMPLOYED  BY  A CENTER-BASED PROGRAM
APPROVED PURSUANT TO SUBDIVISION NINE OF THIS  SECTION  TO  PERFORM  THE
DUTIES  OF  A  SPEECH-LANGUAGE  PATHOLOGIST, AUDIOLOGIST, TEACHER OF THE
SPEECH AND HEARING IMPAIRED OR TEACHER OF THE DEAF TO STUDENTS  ENROLLED
IN SUCH APPROVED CENTER-BASED PROGRAM IN THE COURSE OF THEIR EMPLOYMENT.
  D.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
EXEMPTION IN SUBDIVISION ONE OF SECTION SEVENTY-SIX HUNDRED FIVE OF THIS
CHAPTER SHALL APPLY  TO  PERSONS  EMPLOYED  BY  A  CENTER-BASED  PROGRAM
APPROVED  PURSUANT  TO  SUBDIVISION  NINE  OF  THIS  SECTION AS A SCHOOL
PSYCHOLOGIST TO PROVIDE  ACTIVITIES,  SERVICES  AND  USE  OF  THE  TITLE
PSYCHOLOGIST  TO STUDENTS ENROLLED IN SUCH APPROVED CENTER-BASED PROGRAM
IN THE COURSE OF THEIR EMPLOYMENT.
  S 2. Paragraphs b and d of subdivision 9 of section 4410 of the educa-
tion law, as amended by chapter 705 of the laws of 1992, are amended  to
read as follows:
  b. As part of an application submitted pursuant to paragraph a of this
subdivision,  a  provider of special services or programs shall submit a
description of its  multi-disciplinary  evaluation  component,  if  any,
which shall be subject to the approval of the commissioner in accordance
with  regulations  adopted  for such purpose after consultation with the
appropriate advisory committee. Such components or program may  rely  in
part  on  formal  written  agreements or affiliations with appropriately
certified or licensed professionals, or agencies employing such  profes-
sionals,  provided  that  such  professionals  or agencies perform their
responsibilities in conformance with regulations of the commissioner and
that providers fully disclose any such arrangements on all  applications
for  program  approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES
THAT IT SHALL  APPLY  FOR  AND  OBTAIN  A  WAIVER  PURSUANT  TO  SECTION
SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER PRIOR TO PROVIDING EVALUATION
SERVICES  PURSUANT  TO SUCH WRITTEN AGREEMENTS OR AFFILIATIONS.  Nothing
herein shall require a provider of special services or programs to  have
a multidisciplinary evaluation program.
  d.  Providers may make application to conduct a program that relies on
formal written agreements or affiliations with other  approved  programs

A. 8689--B                          3

or appropriately certified or licensed professionals, provided that such
arrangements are fully disclosed on all applications to the commissioner
for  program  approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES
IT  SHALL  APPLY  FOR AND OBTAIN A WAIVER PURSUANT TO SECTION SIXTY-FIVE
HUNDRED THREE-A OF THIS CHAPTER  PRIOR  TO  PROVIDING  RELATED  SERVICES
PURSUANT  TO  ANY  SUCH  WRITTEN  AGREEMENTS  OR  AFFILIATIONS INVOLVING
LICENSED PROFESSIONALS.
  S 3. Paragraph (a) of subdivision 9-a of section 4410 of the education
law, as added by chapter 82 of the laws of 1995, is amended to  read  as
follows:
  (a)  A  school  district  or  a group of appropriately licensed and/or
certified professionals associated with a public or private  agency  may
apply  to  the  commissioner  for  approval  as  an  evaluator on a form
prescribed by the commissioner. The commissioner  shall  approve  evalu-
ators  pursuant to this subdivision consistent with the approval process
for the multi-disciplinary evaluation  component  of  programs  approved
pursuant to subdivision nine of this section consistent with regulations
adopted pursuant to such subdivision.
  Such  application  shall include, but not be limited to, a description
of the multi-disciplinary evaluation services proposed  to  be  provided
and a demonstration that all agency employees and staff who provide such
evaluation  services  shall  have  appropriate  licensure and/or certif-
ication and that  the  individual  who  shall  have  direct  supervision
responsibilities  over  such  staff  shall  have an appropriate level of
experience in providing evaluation or services to preschool  or  kinder-
garten-aged  children with [handicapping conditions] DISABILITIES. TO BE
ELIGIBLE FOR APPROVAL AS AN EVALUATOR ON AND AFTER JULY FIRST, TWO THOU-
SAND TEN, A GROUP OF APPROPRIATELY LICENSED OR  CERTIFIED  PROFESSIONALS
SHALL  BE  FORMED  AS  A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY,
FOREIGN  PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,  REGISTERED
LIMITED  LIABILITY  PARTNERSHIP  OR  NEW YORK REGISTERED FOREIGN LIMITED
LIABILITY PARTNERSHIP. THE APPROVAL OF ANY GROUPS OF LICENSED OR  CERTI-
FIED PROFESSIONALS THAT ARE IN EXISTENCE ON JULY FIRST, TWO THOUSAND TEN
AND  WOULD  NOT  BE  ELIGIBLE FOR APPROVAL THEREAFTER SHALL TERMINATE ON
JULY FIRST, TWO THOUSAND ELEVEN.
  S 4. The education law is amended by adding a new  section  6503-a  to
read as follows:
  S  6503-A.  WAIVER  FOR  CERTAIN  SPECIAL  EDUCATION SCHOOLS AND EARLY
INTERVENTION AGENCIES. 1. DEFINITIONS. AS USED IN THIS SECTION:
  A. "SPECIAL EDUCATION SCHOOL" MEANS AN APPROVED PROGRAM AS DEFINED  IN
PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER;  AN  APPROVED  PRIVATE NONRESIDENTIAL OR RESIDENTIAL SCHOOL FOR
THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS LOCATED  WITHIN  THE
STATE;  A CHILD CARE INSTITUTION AS DEFINED IN SECTION FOUR THOUSAND ONE
OF THIS CHAPTER THAT OPERATES A PRIVATE  SCHOOL  FOR  THE  EDUCATION  OF
STUDENTS WITH DISABILITIES OR AN INSTITUTION FOR THE DEAF OR BLIND OPER-
ATING  PURSUANT  TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER THAT EITHER: (1)
CONDUCTS A MULTI-DISCIPLINARY  EVALUATION    FOR  PURPOSES  OF  ARTICLES
EIGHTY-ONE  OR EIGHTY-NINE OF THIS CHAPTER THAT INVOLVES THE PRACTICE OF
ONE OR MORE PROFESSIONS FOR WHICH A LICENSE IS REQUIRED PURSUANT TO THIS
TITLE AND NO EXCEPTION FROM CORPORATE PRACTICE RESTRICTIONS APPLIES,  OR
(2)  PROVIDES  RELATED  SERVICES  TO  STUDENTS ENROLLED IN THE SCHOOL OR
APPROVED PROGRAM THAT INVOLVES THE PRACTICE OF ONE OR  MORE  PROFESSIONS
FOR  WHICH A LICENSE IS REQUIRED PURSUANT TO THIS TITLE AND NO EXCEPTION
FROM PRACTICE RESTRICTIONS APPLIES. SUCH TERM SHALL NOT INCLUDE A SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MUNICIPALITY, STATE

A. 8689--B                          4

AGENCY OR  OTHER  PUBLIC  ENTITY.  NOTHING  IN  THIS  SECTION  SHALL  BE
CONSTRUED TO REQUIRE A CHILD CARE INSTITUTION THAT CONDUCTS MULTI-DISCI-
PLINARY  EVALUATIONS  OR  PROVIDES  RELATED SERVICES THROUGH AN APPROVED
PRIVATE NONRESIDENTIAL SCHOOL OPERATED BY SUCH CHILD CARE INSTITUTION TO
OBTAIN  A WAIVER, PROVIDED THAT SUCH SCHOOL OBTAINS A WAIVER PURSUANT TO
THIS SECTION.
  B. "EARLY INTERVENTION AGENCY" FOR PURPOSES OF THIS SECTION  MEANS  AN
AGENCY WHICH IS APPROVED OR IS SEEKING APPROVAL IN ACCORDANCE WITH TITLE
TWO-A  OF  ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW TO DELIVER EARLY
INTERVENTION PROGRAM  MULTI-DISCIPLINARY  EVALUATIONS,  SERVICE  COORDI-
NATION SERVICES AND EARLY INTERVENTION PROGRAM SERVICES, AND IS LAWFULLY
OPERATED BY A NOT-FOR-PROFIT CORPORATION OR PROFESSIONAL SERVICES ORGAN-
IZATION  ESTABLISHED  PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPO-
RATION LAW, ARTICLE TWELVE OF THE  LIMITED  LIABILITY  LAW  AND  ARTICLE
EIGHT-B OF THE PARTNERSHIP LAW.
  C.  "EARLY  INTERVENTION  PROGRAM  SERVICES"  MEANS EARLY INTERVENTION
SERVICES AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-FIVE  HUNDRED
FORTY-ONE  OF  THE  PUBLIC  HEALTH LAW THAT ARE PROVIDED UNDER THE EARLY
INTERVENTION PROGRAM AND AUTHORIZED IN AN ELIGIBLE  CHILD'S  INDIVIDUAL-
IZED FAMILY SERVICES PLAN.
  D. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF A SPECIAL EDUCATION
SCHOOL  MEANS  A  MULTI-DISCIPLINARY  EVALUATION  OF  A  PRESCHOOL CHILD
SUSPECTED OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A  DISABILITY
THAT  IS  CONDUCTED  PURSUANT  TO SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER OR AN EVALUATION OF A SCHOOL-AGE CHILD  SUSPECTED  OF  HAVING  A
DISABILITY  OR  WITH  A  DISABILITY  WHICH  IS CONDUCTED BY A CHILD CARE
INSTITUTION THAT OPERATES A SPECIAL  EDUCATION  SCHOOL  OR  THE  SPECIAL
EDUCATION  SCHOOL  OPERATED  BY SUCH INSTITUTION PURSUANT TO SUBDIVISION
THREE OF SECTION FOUR THOUSAND TWO OF THIS CHAPTER OR BY AN  INSTITUTION
FOR  THE DEAF OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS
CHAPTER OR AN EVALUATION OF A SCHOOL-AGE CHILD  SUSPECTED  OF  HAVING  A
DISABILITY  OR WITH A DISABILITY THAT IS AUTHORIZED TO BE CONDUCTED BY A
SPECIAL EDUCATION SCHOOL PURSUANT TO ANY OTHER PROVISION OF THIS CHAPTER
AND THE REGULATIONS OF THE COMMISSIONER FOR PURPOSES  OF  IDENTIFICATION
OF THE CHILD AS A CHILD WITH A DISABILITY OR THE DEVELOPMENT OF AN INDI-
VIDUALIZED EDUCATION PROGRAM FOR THE CHILD.
  E.  "MULTI-DISCIPLINARY  EVALUATION"  FOR PURPOSES OF THE EARLY INTER-
VENTION PROGRAM MEANS A PROFESSIONAL, OBJECTIVE ASSESSMENT CONDUCTED  BY
APPROPRIATELY QUALIFIED PERSONNEL IN ACCORDANCE WITH SECTION TWENTY-FIVE
HUNDRED  FORTY-FOUR  OF THE PUBLIC HEALTH LAW AND ITS IMPLEMENTING REGU-
LATIONS TO  DETERMINE  A  CHILD'S  ELIGIBILITY  FOR  EARLY  INTERVENTION
PROGRAM SERVICES.
  F. "RELATED SERVICES" MEANS RELATED SERVICES AS DEFINED IN PARAGRAPH G
OF SUBDIVISION TWO OF SECTION FOUR THOUSAND TWO, PARAGRAPH K OF SUBDIVI-
SION  TWO  OF SECTION FORTY-FOUR HUNDRED ONE, OR PARAGRAPH J OF SUBDIVI-
SION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER PROVIDED TO A
CHILD WITH A DISABILITY PURSUANT TO SUCH CHILD'S  INDIVIDUALIZED  EDUCA-
TION PROGRAM.
  2.  WAIVER.  A.  NO  SPECIAL  EDUCATION  SCHOOL MAY EMPLOY INDIVIDUALS
LICENSED PURSUANT TO THIS ARTICLE TO CONDUCT COMPONENTS OF A  MULTI-DIS-
CIPLINARY  EVALUATION  OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED
OF HAVING A DISABILITY OR TO PROVIDE RELATED SERVICES TO  CHILDREN  WITH
DISABILITIES ENROLLED IN THE SCHOOL, AND NO SPECIAL EDUCATION SCHOOL MAY
PROVIDE  SUCH  AN  EVALUATION  COMPONENT OR RELATED SERVICES BY CONTRACT
WITH AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT
TO THIS ARTICLE OR WITH A PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL

A. 8689--B                          5

SERVICE LIMITED LIABILITY COMPANY, OR REGISTERED LIMITED LIABILITY PART-
NERSHIP AUTHORIZED BY LAW TO PROVIDE PROFESSIONAL SERVICES, UNLESS  SUCH
SCHOOL  OBTAINS A WAIVER PURSUANT TO THIS SECTION. ALL SPECIAL EDUCATION
SCHOOLS  APPROVED  BY  THE COMMISSIONER AS OF THE EFFECTIVE DATE OF THIS
SECTION SHALL BE DEEMED  OPERATING  UNDER  A  WAIVER  PURSUANT  TO  THIS
SECTION  FOR  A  PERIOD  COMMENCING ON SUCH EFFECTIVE DATE AND ENDING ON
JULY FIRST, TWO THOUSAND ELEVEN.
  B. NO EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT  WITH  INDIVID-
UALS  LICENSED  PURSUANT  TO THIS ARTICLE OR WITH A PROFESSIONAL SERVICE
CORPORATION, PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, PARTNERSHIP
OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHORIZED BY LAW TO PROVIDE
THE APPLICABLE PROFESSIONAL SERVICES, TO CONDUCT AN  EARLY  INTERVENTION
PROGRAM  MULTI-DISCIPLINARY  EVALUATION,  PROVIDE  SERVICE  COORDINATION
SERVICES OR EARLY INTERVENTION PROGRAM SERVICES UNLESS SUCH  AGENCY  HAS
OBTAINED  A  WAIVER  PURSUANT  TO  THIS SECTION AND HAS BEEN APPROVED IN
ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC  HEALTH
LAW  AS  AN  EARLY INTERVENTION PROGRAM PROVIDER. ALL EARLY INTERVENTION
AGENCIES IN EXISTENCE AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL  BE
DEEMED  TO  BE  OPERATING  UNDER A WAIVER PURSUANT TO THIS SECTION FOR A
PERIOD COMMENCING ON SUCH EFFECTIVE DATE AND ENDING ON JULY  FIRST,  TWO
THOUSAND  ELEVEN.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE
AN EARLY INTERVENTION AGENCY TO OPERATE UNDER  A  WAIVER  IN  ACCORDANCE
WITH  THIS  SECTION  PROVIDED  THAT IT IS OTHERWISE AUTHORIZED BY LAW TO
PROVIDE THE APPLICABLE PROFESSIONAL SERVICES.
  3. OBTAINING A WAIVER. A. A SPECIAL EDUCATION SCHOOL AND EARLY  INTER-
VENTION  AGENCY  SHALL  OBTAIN  AN  APPLICATION  FOR  A WAIVER ON A FORM
PRESCRIBED BY THE DEPARTMENT.
  B. WITHIN ONE HUNDRED TWENTY DAYS AFTER  THE  COMMISSIONER  PRESCRIBES
THE APPLICATION FORM AND POSTS NOTICE OF ITS AVAILABILITY ON THE DEPART-
MENT'S  WEBSITE, A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY
MUST APPLY FOR A WAIVER. UPON SUBMISSION OF SUCH APPLICATION, THE SCHOOL
OR AGENCY MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE DEPART-
MENT SHALL EITHER DENY OR APPROVE THE APPLICATION. AFTER THE  DEPARTMENT
RENDERS  A TIMELY INITIAL DETERMINATION THAT THE APPLICANT HAS SUBMITTED
THE INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS OF  PARAGRAPHS
C,  D  AND E OF THIS SUBDIVISION ARE SATISFIED, APPLICATIONS FOR WAIVERS
SHALL BE APPROVED OR DENIED WITHIN NINETY DAYS, PROVIDED HOWEVER THAT IF
THE WAIVER APPLICATION IS  DENIED  THE  SCHOOL  OR  AGENCY  SHALL  CEASE
PROVIDING  SERVICES  PURSUANT  TO  THIS  SUBDIVISION IN THE STATE OF NEW
YORK.
  C. SUCH WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT  TO  THIS
SECTION,  DIRECTLY  OR  INDIRECTLY,  SHALL  BE PROVIDED ONLY BY A PERSON
APPROPRIATELY LICENSED, EXCEPT AS OTHERWISE PROVIDED IN LAW, TO  PROVIDE
SUCH  SERVICES OR BY A PROFESSIONAL SERVICES ENTITY AUTHORIZED BY LAW TO
PROVIDE SUCH SERVICES.
  D. AN APPLICATION FOR A WAIVER TO PROVIDE SERVICES  PURSUANT  TO  THIS
SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH APPLICA-
TION SHALL INCLUDE:
  (I)  THE  NAME  OF  THE SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION
AGENCY;
  (II) THE NAMES OF THE DIRECTORS AND OFFICERS OF SUCH SCHOOL OR AGENCY;
  (III) A LISTING OF ANY OTHER JURISDICTIONS WHERE SUCH SCHOOL OR AGENCY
MAY PROVIDE SERVICES; AND
  (IV) AN ATTESTATION MADE BY AN OFFICER AUTHORIZED BY  SUCH  SCHOOL  OR
AGENCY TO MAKE SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF SERVICES TO
BE  PROVIDED;  INCLUDES  A LIST OF PROFESSIONS UNDER THIS TITLE IN WHICH

A. 8689--B                          6

PROFESSIONAL SERVICES  WILL  BE  PROVIDED  BY  SUCH  SCHOOL  OR  AGENCY;
INCLUDES  A  STATEMENT  THAT,  UNLESS  OTHERWISE  AUTHORIZED BY LAW, THE
SCHOOL OR AGENCY SHALL  ONLY  PROVIDE  SERVICES  AUTHORIZED  UNDER  THIS
SECTION;  INCLUDES  A  STATEMENT  THAT  ONLY  A LICENSED PROFESSIONAL, A
PERSON OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES, OR A  PROFESSIONAL
SERVICES ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE
SUCH  SERVICES  AS  AUTHORIZED  UNDER  THIS  SECTION; AND ATTESTS TO THE
ADEQUACY OF THE SCHOOL'S OR AGENCY'S FISCAL AND FINANCIAL  RESOURCES  TO
PROVIDE  SUCH  SERVICES.  SUCH  APPLICATION SHALL ALSO INCLUDE ANY OTHER
INFORMATION RELATED TO THE APPLICATION AS MAY BE REQUIRED BY THE DEPART-
MENT.
  E. EACH OFFICER AND DIRECTOR OF SUCH SCHOOL OR AGENCY SHALL PROVIDE AN
ATTESTATION REGARDING HIS OR HER GOOD MORAL CHARACTER AS REQUIRED PURSU-
ANT TO PARAGRAPH G OF THIS SUBDIVISION. SUCH STATEMENT SHALL  SET  FORTH
ANY  CRIMINAL  CONVICTIONS,  PENDING CRIMINAL CHARGES, DETERMINATIONS OF
PROFESSIONAL MISCONDUCT, PENDING CHARGES OF PROFESSIONAL MISCONDUCT,  OR
ANY  LIMITATIONS  ON  PROFESSIONAL  PRACTICE.  THE COMMISSIONER SHALL BE
FURTHER AUTHORIZED TO PROMULGATE RULES OR REGULATIONS  RELATING  TO  THE
STANDARDS  OF  THE WAIVER FOR SPECIAL EDUCATION SCHOOLS AND EARLY INTER-
VENTION AGENCIES  PURSUANT  TO  THIS  SECTION.  SUCH  REGULATIONS  SHALL
INCLUDE  STANDARDS  RELATING  TO  THE  SCHOOL'S  OR  AGENCY'S ABILITY TO
PROVIDE SERVICES, THE SCHOOL'S OR AGENCY'S MAINTENANCE  OF  PATIENT  AND
BUSINESS  RECORDS,  THE  SCHOOL'S  OR AGENCY'S FISCAL POLICIES, AND SUCH
OTHER STANDARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER.
  F. THE SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING
PURSUANT TO A WAIVER SHALL DISPLAY, AT  EACH  SITE  WHERE  SERVICES  ARE
PROVIDED  TO  THE  PUBLIC,  A  CERTIFICATE  OF SUCH WAIVER ISSUED BY THE
DEPARTMENT PURSUANT TO THIS SECTION, WHICH SHALL CONTAIN THE NAME OF THE
SCHOOL OR AGENCY AND THE ADDRESS OF THE SITE. SUCH SCHOOLS  OR  AGENCIES
SHALL  OBTAIN  FROM THE DEPARTMENT ADDITIONAL CERTIFICATES FOR EACH SITE
AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC.  EACH  SCHOOL
OR  AGENCY SHALL BE REQUIRED TO RE-APPLY FOR A WAIVER EVERY THREE YEARS.
AN EARLY INTERVENTION AGENCY'S WAIVER SHALL NOT BE  RENEWED  UNLESS  THE
AGENCY IS APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DISCIPLI-
NARY  EVALUATIONS,  SERVICE  COORDINATION  OR EARLY INTERVENTION PROGRAM
SERVICES IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE  TWENTY-FIVE  OF  THE
PUBLIC  HEALTH  LAW. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION FOUR OF
THIS SECTION, IF ANY INFORMATION SUPPLIED TO  THE  DEPARTMENT  REGARDING
THE  SCHOOL  OR  AGENCY  SHALL  CHANGE,  THE  SCHOOL  OR AGENCY SHALL BE
REQUIRED TO PROVIDE SUCH UPDATED INFORMATION TO  THE  DEPARTMENT  WITHIN
SIXTY DAYS.
  G.  ALL OFFICERS AND DIRECTORS OF SUCH SCHOOLS OR AGENCIES SHALL BE OF
GOOD MORAL CHARACTER. SCHOOLS OR AGENCIES OPERATING PURSUANT TO A WAIVER
AND THEIR OFFICERS AND DIRECTORS SHALL BE ENTITLED TO THE SAME DUE PROC-
ESS PROCEDURES AS ARE PROVIDED  TO  SUCH  INDIVIDUALS  AND  PROFESSIONAL
SERVICES  CORPORATIONS.  NO  WAIVER  ISSUED  UNDER THIS SECTION SHALL BE
TRANSFERABLE OR ASSIGNABLE, AS SUCH TERMS ARE DEFINED IN THE REGULATIONS
OF THE COMMISSIONER.
  4. CHANGE OF LOCATION. IN THE EVENT THAT A CHANGE IN THE  LOCATION  OF
THE  CHIEF ADMINISTRATIVE OFFICES OF A SPECIAL EDUCATION SCHOOL OR EARLY
INTERVENTION AGENCY IS CONTEMPLATED, THE OWNER SHALL NOTIFY  THE  OFFICE
OF  PROFESSIONS  OF  THE  DEPARTMENT  OF THE CHANGE OF LOCATION AT LEAST
THIRTY DAYS PRIOR TO RELOCATION.
  5. PROFESSIONAL PRACTICE. A. NOTWITHSTANDING ANY  OTHER  PROVISION  OF
LAW TO THE CONTRARY, A SPECIAL EDUCATION SCHOOL OPERATING UNDER A WAIVER
MAY  EMPLOY INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ANY

A. 8689--B                          7

PROFESSION  PURSUANT  TO  THIS  ARTICLE  TO  CONDUCT  COMPONENTS  OF   A
MULTI-DISCIPLINARY  EVALUATION  OF  A CHILD WITH A DISABILITY OR A CHILD
SUSPECTED OF HAVING A DISABILITY OR TO PROVIDE RELATED SERVICES TO CHIL-
DREN  WITH DISABILITIES ENROLLED IN THE SCHOOL OR MAY PROVIDE COMPONENTS
OF SUCH AN EVALUATION OR SUCH RELATED SERVICES BY CONTRACT WITH AN INDI-
VIDUAL LICENSED OR OTHERWISE AUTHORIZED TO  PRACTICE  PURSUANT  TO  THIS
ARTICLE  OR  A  PROFESSIONAL  SERVICE  CORPORATION, PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY, PARTNERSHIP OR REGISTERED  LIMITED  LIABILITY
PARTNERSHIP  AUTHORIZED  BY  LAW  TO PROVIDE THE APPLICABLE PROFESSIONAL
SERVICES.
  B. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  AN
EARLY  INTERVENTION  AGENCY OPERATING UNDER A WAIVER THAT IS APPROVED IN
ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC  HEALTH
LAW  MAY  EMPLOY  OR  CONTRACT  WITH  INDIVIDUALS  LICENSED OR OTHERWISE
AUTHORIZED TO PRACTICE ANY PROFESSION PURSUANT TO THIS ARTICLE OR WITH A
PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY, PARTNERSHIP OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHOR-
IZED TO CONDUCT EARLY  INTERVENTION  PROGRAM  MULTI-DISCIPLINARY  EVALU-
ATIONS,  PROVIDE  SERVICE  COORDINATION  SERVICES AND EARLY INTERVENTION
PROGRAM SERVICES.
  C. A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION  AGENCY  OPERATING
UNDER  A  WAIVER  SHALL NOT PRACTICE ANY PROFESSION LICENSED PURSUANT TO
THIS TITLE OR HOLD ITSELF OUT TO THE PUBLIC  AS  AUTHORIZED  TO  PROVIDE
PROFESSIONAL  SERVICES  PURSUANT  TO  THIS TITLE EXCEPT AS AUTHORIZED BY
THIS SECTION OR OTHERWISE AUTHORIZED BY LAW.
  6. SUPERVISION OF PROFESSIONAL PRACTICE. A SPECIAL EDUCATION SCHOOL OR
EARLY INTERVENTION AGENCY SHALL BE UNDER THE SUPERVISION OF THE  REGENTS
OF  THE  UNIVERSITY OF THE STATE OF NEW YORK AND BE SUBJECT TO DISCIPLI-
NARY PROCEEDINGS AND PENALTIES.   A SPECIAL EDUCATION  SCHOOL  OR  EARLY
INTERVENTION AGENCY OPERATING UNDER A WAIVER SHALL BE SUBJECT TO SUSPEN-
SION,  REVOCATION  OR ANNULMENT FOR CAUSE, IN THE SAME MANNER AND TO THE
SAME EXTENT AS  IS  PROVIDED  WITH  RESPECT  TO  INDIVIDUALS  AND  THEIR
LICENSES,  CERTIFICATES,  AND  REGISTRATIONS  IN  THE PROVISIONS OF THIS
TITLE RELATING  TO  THE  APPLICABLE  PROFESSION.    NOTWITHSTANDING  THE
PROVISIONS  OF  THIS  SUBDIVISION,  A  SPECIAL EDUCATION SCHOOL OR EARLY
INTERVENTION AGENCY THAT CONDUCTS OR CONTRACTS  FOR  A  COMPONENT  OF  A
MULTI-DISCIPLINARY  EVALUATION  THAT  INVOLVES  THE PRACTICE OF MEDICINE
SHALL BE SUBJECT TO THE PRE-HEARING PROCEDURES AND HEARING PROCEDURES AS
IS PROVIDED WITH RESPECT TO INDIVIDUAL PHYSICIANS AND THEIR LICENSES  IN
TITLE  TWO-A  OF  ARTICLE TWO OF THE PUBLIC HEALTH LAW.  NOTWITHSTANDING
ANY OTHER PROVISION OF LAW TO THE CONTRARY,  UPON  REVOCATION  OR  OTHER
TERMINATION  BY  THE  COMMISSIONER  OF APPROVAL OF THE SPECIAL EDUCATION
SCHOOL PURSUANT TO ARTICLE EIGHTY-NINE OF THIS  CHAPTER  AND  THE  REGU-
LATIONS  OF  THE  COMMISSIONER IMPLEMENTING SUCH ARTICLE OR OF THE EARLY
INTERVENTION AGENCY PURSUANT TO TITLE TWO-A OF  ARTICLE  TWENTY-FIVE  OF
THE  PUBLIC  HEALTH  LAW  AND  IMPLEMENTING REGULATIONS, THE SCHOOL'S OR
EARLY INTERVENTION AGENCY'S WAIVER PURSUANT TO  THIS  SECTION  SHALL  BE
DEEMED REVOKED AND ANNULLED.
  S 5. Notwithstanding any laws to the contrary, a provider of a program
approved  pursuant to subdivision 9 of section 4410 of the education law
that, prior to the effective date of this act, was organized as  a  for-
profit  business  entity  and  that is not qualified to receive a waiver
pursuant to the provisions of this act, shall continue  to  operate  and
provide services pursuant to the approved program for a period up to and
ending  on  June  30,  2013. Commencing on July 1, 2013, the approval of
such provider to operate the program shall be deemed revoked and  termi-

A. 8689--B                          8

nated, unless the provider is organized or formed in a manner prescribed
by  law that authorizes the provider to operate and provide the approved
program, as approved by the commissioner of education.
  S 6. This act shall take effect June 30, 2010.

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2009-A8689C (ACTIVE) - Details

See Senate Version of this Bill:: S4197
Current Committee:: Assembly Codes
Law Section:: Education Law
Laws Affected:: Rpld & add §4410 sub 6, amd §4410, add §6503-a, Ed L

2009-A8689C (ACTIVE) - Summary

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

2009-A8689C (ACTIVE) - Bill Text download pdf

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

                                 8689--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced  by  M. of A. GLICK, PAULIN, JAFFEE, STIRPE, TITUS, CASTRO --
  Multi-Sponsored by -- M. of A. LUPARDO, McENENY, PHEFFER -- read  once
  and  referred  to  the  Committee  on  Higher  Education  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Higher  Education
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  reported  and  referred  to  the  Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  education law, in relation to special education
  services and programs for preschool children with handicapping  condi-
  tions,  and  in  relation  to  waivers  for  certain special education
  schools and early intervention agencies; and to repeal  subdivision  6
  of section 4410 of such law relating thereto

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

  Section 1. Subdivision 6 of section  4410  of  the  education  law  is
REPEALED and a new subdivision 6 is added to read as follows:
  6.  PROFESSIONAL PRACTICE ISSUES. A. NOTWITHSTANDING ANY PROVISIONS OF
LAW TO THE CONTRARY, APPROVED PROGRAMS  OPERATED  BY  PRIVATE  PROVIDERS
SHALL  BE  AUTHORIZED  TO EMPLOY LICENSED PROFESSIONALS OR CONTRACT WITH
LICENSED PROFESSIONALS OR ENTITIES LEGALLY AUTHORIZED TO PROVIDE PROFES-
SIONAL SERVICES IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED THREE-A OF
THIS CHAPTER.
  B. AN APPROVED PROGRAM MAY BE FORMED, WITH THE CONSENT OF THE  COMMIS-
SIONER,  AS AN EDUCATION CORPORATION OR AS A NOT-FOR-PROFIT CORPORATION.
IN ADDITION, AN APPROVED PROGRAM OR GROUP OF APPROPRIATELY  LICENSED  OR
CERTIFIED  PROFESSIONALS MAY BE FORMED AS A PROFESSIONAL SERVICE LIMITED
LIABILITY COMPANY OR AS A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF  ARTICLE  TWELVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02397-13-0

A. 8689--C                          2

OR  THIRTEEN  OF  THE  LIMITED  LIABILITY COMPANY LAW OR AS A REGISTERED
LIMITED LIABILITY PARTNERSHIP IN ACCORDANCE WITH SECTION 121-1500 OF THE
PARTNERSHIP LAW OR AS A NEW YORK REGISTERED  FOREIGN  LIMITED  LIABILITY
PARTNERSHIP  IN ACCORDANCE WITH SECTION 121-1502 OF THE PARTNERSHIP LAW.
AN APPROVED PROGRAM  FORMED  AS  SUCH  A  PROFESSIONAL  SERVICE  LIMITED
LIABILITY  COMPANY  OR  REGISTERED  LIMITED LIABILITY PARTNERSHIP MAY BE
AUTHORIZED TO PROVIDE SPECIAL  EDUCATION  ITINERANT  SERVICES  OR  OTHER
EDUCATIONAL  SERVICES NOT INVOLVING PRACTICE OF A PROFESSION UNDER TITLE
EIGHT OF THIS CHAPTER. AN APPROVED PROGRAM  OR  GROUP  OF  PROFESSIONALS
FORMED  AS  SUCH  A  PROFESSIONAL  SERVICE  LIMITED LIABILITY COMPANY OR
REGISTERED LIMITED LIABILITY PARTNERSHIP MAY CONTRACT  WITH  INDIVIDUALS
LICENSED  OR  OTHERWISE  AUTHORIZED  TO PRACTICE, OR WITH A PROFESSIONAL
SERVICE CORPORATION, PARTNERSHIP OR OTHER ENTITY LEGALLY  AUTHORIZED  TO
PRACTICE  ANY  PROFESSION UNDER TITLE EIGHT OF THIS CHAPTER IN WHICH THE
ENTITY WOULD NOT BE AUTHORIZED TO PROVIDE  PROFESSIONAL  SERVICES  UNDER
THE APPLICABLE PROVISIONS OF SECTION TWELVE HUNDRED THREE OR SUBDIVISION
(A) OF SECTION THIRTEEN HUNDRED ONE OF THE LIMITED LIABILITY COMPANY LAW
OR  SECTIONS 121-1500 OR 121-1502 OF THE PARTNERSHIP LAW, SOLELY FOR THE
PURPOSES OF CONDUCTING A MULTI-DISCIPLINARY EVALUATION  OF  A  PRESCHOOL
CHILD SUSPECTED OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A DISA-
BILITY  OR  PROVIDING  RELATED  SERVICES SPECIFIED IN THE INDIVIDUALIZED
EDUCATION PROGRAM OF A PRESCHOOL CHILD.
  C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
EXEMPTION IN SUBDIVISION TWO OF SECTION EIGHTY-TWO HUNDRED SEVEN OF THIS
CHAPTER  SHALL  APPLY  TO  PERSONS  EMPLOYED  BY  A CENTER-BASED PROGRAM
APPROVED PURSUANT TO SUBDIVISION NINE OF THIS  SECTION  TO  PERFORM  THE
DUTIES  OF  A  SPEECH-LANGUAGE  PATHOLOGIST, AUDIOLOGIST, TEACHER OF THE
SPEECH AND HEARING IMPAIRED OR TEACHER OF THE DEAF TO STUDENTS  ENROLLED
IN SUCH APPROVED CENTER-BASED PROGRAM IN THE COURSE OF THEIR EMPLOYMENT.
  D.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
EXEMPTION IN SUBDIVISION ONE OF SECTION SEVENTY-SIX HUNDRED FIVE OF THIS
CHAPTER SHALL APPLY  TO  PERSONS  EMPLOYED  BY  A  CENTER-BASED  PROGRAM
APPROVED  PURSUANT  TO  SUBDIVISION  NINE  OF  THIS  SECTION AS A SCHOOL
PSYCHOLOGIST TO PROVIDE  ACTIVITIES,  SERVICES  AND  USE  OF  THE  TITLE
PSYCHOLOGIST  TO STUDENTS ENROLLED IN SUCH APPROVED CENTER-BASED PROGRAM
IN THE COURSE OF THEIR EMPLOYMENT.
  S 2. Paragraphs b and d of subdivision 9 of section 4410 of the educa-
tion law, as amended by chapter 705 of the laws of 1992, are amended  to
read as follows:
  b. As part of an application submitted pursuant to paragraph a of this
subdivision,  a  provider of special services or programs shall submit a
description of its  multi-disciplinary  evaluation  component,  if  any,
which shall be subject to the approval of the commissioner in accordance
with  regulations  adopted  for such purpose after consultation with the
appropriate advisory committee. Such components or program may  rely  in
part  on  formal  written  agreements or affiliations with appropriately
certified or licensed professionals, or agencies employing such  profes-
sionals,  provided  that  such  professionals  or agencies perform their
responsibilities in conformance with regulations of the commissioner and
that providers fully disclose any such arrangements on all  applications
for  program  approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES
THAT IT SHALL  APPLY  FOR  AND  OBTAIN  A  WAIVER  PURSUANT  TO  SECTION
SIXTY-FIVE HUNDRED THREE-A OF THIS CHAPTER PRIOR TO PROVIDING EVALUATION
SERVICES  PURSUANT  TO SUCH WRITTEN AGREEMENTS OR AFFILIATIONS.  Nothing
herein shall require a provider of special services or programs to  have
a multidisciplinary evaluation program.

A. 8689--C                          3

  d.  Providers may make application to conduct a program that relies on
formal written agreements or affiliations with other  approved  programs
or appropriately certified or licensed professionals, provided that such
arrangements are fully disclosed on all applications to the commissioner
for  program  approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES
IT SHALL APPLY FOR AND OBTAIN A WAIVER PURSUANT  TO  SECTION  SIXTY-FIVE
HUNDRED  THREE-A  OF  THIS  CHAPTER  PRIOR TO PROVIDING RELATED SERVICES
PURSUANT TO  ANY  SUCH  WRITTEN  AGREEMENTS  OR  AFFILIATIONS  INVOLVING
LICENSED PROFESSIONALS.
  S 3. Paragraph (a) of subdivision 9-a of section 4410 of the education
law,  as  added by chapter 82 of the laws of 1995, is amended to read as
follows:
  (a) A school district or a  group  of  appropriately  licensed  and/or
certified  professionals  associated with a public or private agency may
apply to the commissioner  for  approval  as  an  evaluator  on  a  form
prescribed  by  the  commissioner. The commissioner shall approve evalu-
ators pursuant to this subdivision consistent with the approval  process
for  the  multi-disciplinary  evaluation  component of programs approved
pursuant to subdivision nine of this section consistent with regulations
adopted pursuant to such subdivision.
  Such application shall include, but not be limited to,  a  description
of  the  multi-disciplinary  evaluation services proposed to be provided
and a demonstration that all agency employees and staff who provide such
evaluation services shall  have  appropriate  licensure  and/or  certif-
ication  and  that  the  individual  who  shall  have direct supervision
responsibilities over such staff shall  have  an  appropriate  level  of
experience  in  providing evaluation or services to preschool or kinder-
garten-aged children with [handicapping conditions] DISABILITIES. TO  BE
ELIGIBLE FOR APPROVAL AS AN EVALUATOR ON AND AFTER JULY FIRST, TWO THOU-
SAND  TEN,  A GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFESSIONALS
SHALL BE FORMED AS A PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,
FOREIGN  PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,  REGISTERED
LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  REGISTERED  FOREIGN  LIMITED
LIABILITY  PARTNERSHIP. THE APPROVAL OF ANY GROUPS OF LICENSED OR CERTI-
FIED PROFESSIONALS THAT ARE IN EXISTENCE ON JULY FIRST, TWO THOUSAND TEN
AND WOULD NOT BE ELIGIBLE FOR APPROVAL  THEREAFTER  SHALL  TERMINATE  ON
JULY FIRST, TWO THOUSAND ELEVEN.
  S  4.  The  education law is amended by adding a new section 6503-a to
read as follows:
  S 6503-A. WAIVER FOR  CERTAIN  SPECIAL  EDUCATION  SCHOOLS  AND  EARLY
INTERVENTION AGENCIES. 1. DEFINITIONS. AS USED IN THIS SECTION:
  A.  "SPECIAL EDUCATION SCHOOL" MEANS AN APPROVED PROGRAM AS DEFINED IN
PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER THAT MEETS THE REQUIREMENTS OF PARAGRAPH B OF SUBDIVISION SIX OF
SUCH SECTION FORTY-FOUR HUNDRED TEN; AN APPROVED PRIVATE  NONRESIDENTIAL
OR  RESIDENTIAL  SCHOOL  FOR THE EDUCATION OF STUDENTS WITH DISABILITIES
THAT IS LOCATED WITHIN THE STATE; A CHILD CARE INSTITUTION AS DEFINED IN
SECTION FOUR THOUSAND ONE OF THIS CHAPTER THAT OPERATES A PRIVATE SCHOOL
FOR THE EDUCATION OF STUDENTS WITH DISABILITIES OR  AN  INSTITUTION  FOR
THE  DEAF  OR  BLIND  OPERATING  PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS
CHAPTER THAT EITHER: (1) CONDUCTS A MULTI-DISCIPLINARY EVALUATION    FOR
PURPOSES  OF  ARTICLES  EIGHTY-ONE  OR  EIGHTY-NINE OF THIS CHAPTER THAT
INVOLVES THE PRACTICE OF ONE OR MORE PROFESSIONS FOR WHICH A LICENSE  IS
REQUIRED PURSUANT TO THIS TITLE AND NO EXCEPTION FROM CORPORATE PRACTICE
RESTRICTIONS  APPLIES,  OR  (2)  PROVIDES  RELATED  SERVICES TO STUDENTS
ENROLLED IN THE SCHOOL OR APPROVED PROGRAM THAT INVOLVES THE PRACTICE OF

A. 8689--C                          4

ONE OR MORE PROFESSIONS FOR WHICH A LICENSE IS REQUIRED PURSUANT TO THIS
TITLE AND NO EXCEPTION FROM PRACTICE  RESTRICTIONS  APPLIES.  SUCH  TERM
SHALL  NOT  INCLUDE  A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
SERVICES,  MUNICIPALITY, STATE AGENCY OR OTHER PUBLIC ENTITY. NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO REQUIRE A CHILD CARE INSTITUTION THAT
CONDUCTS MULTI-DISCIPLINARY EVALUATIONS  OR  PROVIDES  RELATED  SERVICES
THROUGH AN APPROVED PRIVATE NONRESIDENTIAL SCHOOL OPERATED BY SUCH CHILD
CARE INSTITUTION TO OBTAIN A WAIVER, PROVIDED THAT SUCH SCHOOL OBTAINS A
WAIVER PURSUANT TO THIS SECTION.
  B.  "EARLY  INTERVENTION AGENCY" FOR PURPOSES OF THIS SECTION MEANS AN
AGENCY WHICH IS APPROVED OR IS SEEKING APPROVAL IN ACCORDANCE WITH TITLE
TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW TO  DELIVER  EARLY
INTERVENTION  PROGRAM  MULTI-DISCIPLINARY  EVALUATIONS,  SERVICE COORDI-
NATION SERVICES AND EARLY INTERVENTION PROGRAM SERVICES, AND IS LAWFULLY
OPERATED BY A NOT-FOR-PROFIT CORPORATION OR PROFESSIONAL SERVICES ORGAN-
IZATION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE  BUSINESS  CORPO-
RATION  LAW,  ARTICLE  TWELVE  OF  THE LIMITED LIABILITY LAW AND ARTICLE
EIGHT-B OF THE PARTNERSHIP LAW.
  C. "EARLY INTERVENTION  PROGRAM  SERVICES"  MEANS  EARLY  INTERVENTION
SERVICES  AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED
FORTY-ONE OF THE PUBLIC HEALTH LAW THAT ARE  PROVIDED  UNDER  THE  EARLY
INTERVENTION  PROGRAM  AND AUTHORIZED IN AN ELIGIBLE CHILD'S INDIVIDUAL-
IZED FAMILY SERVICES PLAN.
  D. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF A SPECIAL EDUCATION
SCHOOL MEANS  A  MULTI-DISCIPLINARY  EVALUATION  OF  A  PRESCHOOL  CHILD
SUSPECTED  OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A DISABILITY
THAT IS CONDUCTED PURSUANT TO SECTION FORTY-FOUR  HUNDRED  TEN  OF  THIS
CHAPTER  OR  AN  EVALUATION  OF A SCHOOL-AGE CHILD SUSPECTED OF HAVING A
DISABILITY OR WITH A DISABILITY WHICH  IS  CONDUCTED  BY  A  CHILD  CARE
INSTITUTION  THAT  OPERATES  A  SPECIAL  EDUCATION SCHOOL OR THE SPECIAL
EDUCATION SCHOOL OPERATED BY SUCH INSTITUTION  PURSUANT  TO  SUBDIVISION
THREE  OF SECTION FOUR THOUSAND TWO OF THIS CHAPTER OR BY AN INSTITUTION
FOR THE DEAF OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF  THIS
CHAPTER  OR  AN  EVALUATION  OF A SCHOOL-AGE CHILD SUSPECTED OF HAVING A
DISABILITY OR WITH A DISABILITY THAT IS AUTHORIZED TO BE CONDUCTED BY  A
SPECIAL EDUCATION SCHOOL PURSUANT TO ANY OTHER PROVISION OF THIS CHAPTER
AND  THE  REGULATIONS OF THE COMMISSIONER FOR PURPOSES OF IDENTIFICATION
OF THE CHILD AS A CHILD WITH A DISABILITY OR THE DEVELOPMENT OF AN INDI-
VIDUALIZED EDUCATION PROGRAM FOR THE CHILD.
  E. "MULTI-DISCIPLINARY EVALUATION" FOR PURPOSES OF  THE  EARLY  INTER-
VENTION  PROGRAM MEANS A PROFESSIONAL, OBJECTIVE ASSESSMENT CONDUCTED BY
APPROPRIATELY QUALIFIED PERSONNEL IN ACCORDANCE WITH SECTION TWENTY-FIVE
HUNDRED FORTY-FOUR OF THE PUBLIC HEALTH LAW AND ITS  IMPLEMENTING  REGU-
LATIONS  TO  DETERMINE  A  CHILD'S  ELIGIBILITY  FOR  EARLY INTERVENTION
PROGRAM SERVICES.
  F. "RELATED SERVICES" MEANS RELATED SERVICES AS DEFINED IN PARAGRAPH G
OF SUBDIVISION TWO OF SECTION FOUR THOUSAND TWO, PARAGRAPH K OF SUBDIVI-
SION TWO OF SECTION FORTY-FOUR HUNDRED ONE, OR PARAGRAPH J  OF  SUBDIVI-
SION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER PROVIDED TO A
CHILD  WITH  A DISABILITY PURSUANT TO SUCH CHILD'S INDIVIDUALIZED EDUCA-
TION PROGRAM.
  2. WAIVER. A. NO  SPECIAL  EDUCATION  SCHOOL  MAY  EMPLOY  INDIVIDUALS
LICENSED  PURSUANT TO THIS ARTICLE TO CONDUCT COMPONENTS OF A MULTI-DIS-
CIPLINARY EVALUATION OF A CHILD WITH A DISABILITY OR A  CHILD  SUSPECTED
OF  HAVING  A DISABILITY OR TO PROVIDE RELATED SERVICES TO CHILDREN WITH
DISABILITIES ENROLLED IN THE SCHOOL, AND NO SPECIAL EDUCATION SCHOOL MAY

A. 8689--C                          5

PROVIDE SUCH AN EVALUATION COMPONENT OR  RELATED  SERVICES  BY  CONTRACT
WITH AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT
TO THIS ARTICLE OR WITH A PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY, OR REGISTERED LIMITED LIABILITY PART-
NERSHIP  AUTHORIZED BY LAW TO PROVIDE PROFESSIONAL SERVICES, UNLESS SUCH
SCHOOL OBTAINS A WAIVER PURSUANT TO THIS SECTION. ALL SPECIAL  EDUCATION
SCHOOLS  APPROVED  BY  THE COMMISSIONER AS OF THE EFFECTIVE DATE OF THIS
SECTION SHALL BE DEEMED  OPERATING  UNDER  A  WAIVER  PURSUANT  TO  THIS
SECTION  FOR  A  PERIOD  COMMENCING ON SUCH EFFECTIVE DATE AND ENDING ON
JULY FIRST, TWO THOUSAND ELEVEN.
  B. NO EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT  WITH  INDIVID-
UALS  LICENSED  PURSUANT  TO THIS ARTICLE OR WITH A PROFESSIONAL SERVICE
CORPORATION, PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, PARTNERSHIP
OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHORIZED BY LAW TO PROVIDE
THE APPLICABLE PROFESSIONAL SERVICES, TO CONDUCT AN  EARLY  INTERVENTION
PROGRAM  MULTI-DISCIPLINARY  EVALUATION,  PROVIDE  SERVICE  COORDINATION
SERVICES OR EARLY INTERVENTION PROGRAM SERVICES UNLESS SUCH  AGENCY  HAS
OBTAINED  A  WAIVER  PURSUANT  TO  THIS SECTION AND HAS BEEN APPROVED IN
ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC  HEALTH
LAW  AS  AN  EARLY INTERVENTION PROGRAM PROVIDER. ALL EARLY INTERVENTION
AGENCIES IN EXISTENCE AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL  BE
DEEMED  TO  BE  OPERATING  UNDER A WAIVER PURSUANT TO THIS SECTION FOR A
PERIOD COMMENCING ON SUCH EFFECTIVE DATE AND ENDING ON JULY  FIRST,  TWO
THOUSAND  ELEVEN.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE
AN EARLY INTERVENTION AGENCY TO OPERATE UNDER  A  WAIVER  IN  ACCORDANCE
WITH  THIS  SECTION  PROVIDED  THAT IT IS OTHERWISE AUTHORIZED BY LAW TO
PROVIDE THE APPLICABLE PROFESSIONAL SERVICES.
  3. OBTAINING A WAIVER. A. A SPECIAL EDUCATION SCHOOL AND EARLY  INTER-
VENTION  AGENCY  SHALL  OBTAIN  AN  APPLICATION  FOR  A WAIVER ON A FORM
PRESCRIBED BY THE DEPARTMENT.
  B. WITHIN ONE HUNDRED TWENTY DAYS AFTER  THE  COMMISSIONER  PRESCRIBES
THE APPLICATION FORM AND POSTS NOTICE OF ITS AVAILABILITY ON THE DEPART-
MENT'S  WEBSITE, A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY
MUST APPLY FOR A WAIVER. UPON SUBMISSION OF SUCH APPLICATION, THE SCHOOL
OR AGENCY MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE DEPART-
MENT SHALL EITHER DENY OR APPROVE THE APPLICATION. AFTER THE  DEPARTMENT
RENDERS  A TIMELY INITIAL DETERMINATION THAT THE APPLICANT HAS SUBMITTED
THE INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS OF  PARAGRAPHS
C,  D  AND E OF THIS SUBDIVISION ARE SATISFIED, APPLICATIONS FOR WAIVERS
SHALL BE APPROVED OR DENIED WITHIN NINETY DAYS, PROVIDED HOWEVER THAT IF
THE WAIVER APPLICATION IS  DENIED  THE  SCHOOL  OR  AGENCY  SHALL  CEASE
PROVIDING  SERVICES  PURSUANT  TO  THIS  SUBDIVISION IN THE STATE OF NEW
YORK.
  C. SUCH WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT  TO  THIS
SECTION,  DIRECTLY  OR  INDIRECTLY,  SHALL  BE PROVIDED ONLY BY A PERSON
APPROPRIATELY LICENSED, EXCEPT AS OTHERWISE PROVIDED IN LAW, TO  PROVIDE
SUCH  SERVICES OR BY A PROFESSIONAL SERVICES ENTITY AUTHORIZED BY LAW TO
PROVIDE SUCH SERVICES.
  D. AN APPLICATION FOR A WAIVER TO PROVIDE SERVICES  PURSUANT  TO  THIS
SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH APPLICA-
TION SHALL INCLUDE:
  (I)  THE  NAME  OF  THE SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION
AGENCY;
  (II) THE NAMES OF THE DIRECTORS  OR  TRUSTEES  AND  OFFICERS  OF  SUCH
SCHOOL OR AGENCY;

A. 8689--C                          6

  (III) A LISTING OF ANY OTHER JURISDICTIONS WHERE SUCH SCHOOL OR AGENCY
MAY PROVIDE SERVICES; AND
  (IV)  AN  ATTESTATION  MADE BY AN OFFICER AUTHORIZED BY SUCH SCHOOL OR
AGENCY TO MAKE SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF SERVICES TO
BE PROVIDED; INCLUDES A LIST OF PROFESSIONS UNDER THIS  TITLE  IN  WHICH
PROFESSIONAL  SERVICES  WILL  BE  PROVIDED  BY  SUCH  SCHOOL  OR AGENCY;
INCLUDES A STATEMENT THAT,  UNLESS  OTHERWISE  AUTHORIZED  BY  LAW,  THE
SCHOOL  OR  AGENCY  SHALL  ONLY  PROVIDE  SERVICES AUTHORIZED UNDER THIS
SECTION; INCLUDES A STATEMENT  THAT  ONLY  A  LICENSED  PROFESSIONAL,  A
PERSON  OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES, OR A PROFESSIONAL
SERVICES ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE
SUCH SERVICES AS AUTHORIZED UNDER  THIS  SECTION;  AND  ATTESTS  TO  THE
ADEQUACY  OF  THE SCHOOL'S OR AGENCY'S FISCAL AND FINANCIAL RESOURCES TO
PROVIDE SUCH SERVICES. SUCH APPLICATION SHALL  ALSO  INCLUDE  ANY  OTHER
INFORMATION RELATED TO THE APPLICATION AS MAY BE REQUIRED BY THE DEPART-
MENT.  A  SCHOOL  OR AGENCY WITH AN APPROVED WAIVER MAY APPLY, ON A FORM
PRESCRIBED BY THE COMMISSIONER, TO AMEND THE WAIVER  TO  ADD  ADDITIONAL
PROFESSIONAL SERVICES.
  E. EACH OFFICER AND DIRECTOR OF SUCH SCHOOL OR AGENCY SHALL PROVIDE AN
ATTESTATION REGARDING HIS OR HER GOOD MORAL CHARACTER AS REQUIRED PURSU-
ANT  TO  PARAGRAPH  G  OF  THIS SUBDIVISION.   THE COMMISSIONER SHALL BE
FURTHER AUTHORIZED TO PROMULGATE RULES OR REGULATIONS  RELATING  TO  THE
STANDARDS  OF  THE WAIVER FOR SPECIAL EDUCATION SCHOOLS AND EARLY INTER-
VENTION AGENCIES  PURSUANT  TO  THIS  SECTION.  SUCH  REGULATIONS  SHALL
INCLUDE  STANDARDS  RELATING  TO  THE  SCHOOL'S  OR  AGENCY'S ABILITY TO
PROVIDE SERVICES, THE SCHOOL'S OR AGENCY'S MAINTENANCE  OF  PATIENT  AND
BUSINESS  RECORDS,  THE  SCHOOL'S  OR AGENCY'S FISCAL POLICIES, AND SUCH
OTHER STANDARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER.
  F. THE SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING
PURSUANT TO A WAIVER SHALL DISPLAY, AT  EACH  SITE  WHERE  SERVICES  ARE
PROVIDED  TO  THE  PUBLIC,  A  CERTIFICATE  OF SUCH WAIVER ISSUED BY THE
DEPARTMENT PURSUANT TO THIS SECTION, WHICH SHALL CONTAIN THE NAME OF THE
SCHOOL OR AGENCY AND THE ADDRESS OF THE SITE. SUCH SCHOOLS  OR  AGENCIES
SHALL  OBTAIN  FROM THE DEPARTMENT ADDITIONAL CERTIFICATES FOR EACH SITE
AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC.  EACH  SCHOOL
OR  AGENCY SHALL BE REQUIRED TO RE-APPLY FOR A WAIVER EVERY THREE YEARS.
AN EARLY INTERVENTION AGENCY'S WAIVER SHALL NOT BE  RENEWED  UNLESS  THE
AGENCY IS APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DISCIPLI-
NARY  EVALUATIONS,  SERVICE  COORDINATION  OR EARLY INTERVENTION PROGRAM
SERVICES IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE  TWENTY-FIVE  OF  THE
PUBLIC  HEALTH  LAW. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION FOUR OF
THIS SECTION, IF ANY INFORMATION SUPPLIED TO  THE  DEPARTMENT  REGARDING
THE  SCHOOL  OR  AGENCY  SHALL  CHANGE,  THE  SCHOOL  OR AGENCY SHALL BE
REQUIRED TO PROVIDE SUCH UPDATED INFORMATION TO  THE  DEPARTMENT  WITHIN
SIXTY DAYS.
  G.  ALL OFFICERS AND DIRECTORS OF SUCH SCHOOLS OR AGENCIES SHALL BE OF
GOOD MORAL CHARACTER. SCHOOLS OR AGENCIES OPERATING PURSUANT TO A WAIVER
AND THEIR OFFICERS AND DIRECTORS SHALL BE ENTITLED TO THE SAME DUE PROC-
ESS PROCEDURES AS ARE PROVIDED  TO  SUCH  INDIVIDUALS  AND  PROFESSIONAL
SERVICES  CORPORATIONS.  NO  WAIVER  ISSUED  UNDER THIS SECTION SHALL BE
TRANSFERABLE OR ASSIGNABLE, AS SUCH TERMS ARE DEFINED IN THE REGULATIONS
OF THE COMMISSIONER.
  4. CHANGE OF LOCATION. IN THE EVENT THAT A CHANGE IN THE  LOCATION  OF
THE  CHIEF ADMINISTRATIVE OFFICES OF A SPECIAL EDUCATION SCHOOL OR EARLY
INTERVENTION AGENCY IS CONTEMPLATED, THE OWNER SHALL NOTIFY  THE  OFFICE

A. 8689--C                          7

OF  PROFESSIONS  OF  THE  DEPARTMENT  OF THE CHANGE OF LOCATION AT LEAST
THIRTY DAYS PRIOR TO RELOCATION.
  5.  PROFESSIONAL  PRACTICE.  A. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A SPECIAL EDUCATION SCHOOL OPERATING UNDER A WAIVER
MAY EMPLOY INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE  ANY
PROFESSION   PURSUANT  TO  THIS  ARTICLE  TO  CONDUCT  COMPONENTS  OF  A
MULTI-DISCIPLINARY EVALUATION OF A CHILD WITH A DISABILITY  OR  A  CHILD
SUSPECTED OF HAVING A DISABILITY OR TO PROVIDE RELATED SERVICES TO CHIL-
DREN  WITH DISABILITIES ENROLLED IN THE SCHOOL OR MAY PROVIDE COMPONENTS
OF SUCH AN EVALUATION OR SUCH RELATED SERVICES BY CONTRACT WITH AN INDI-
VIDUAL LICENSED OR OTHERWISE AUTHORIZED TO  PRACTICE  PURSUANT  TO  THIS
ARTICLE  OR  A  PROFESSIONAL  SERVICE  CORPORATION, PROFESSIONAL SERVICE
LIMITED LIABILITY COMPANY, PARTNERSHIP OR REGISTERED  LIMITED  LIABILITY
PARTNERSHIP  AUTHORIZED  BY  LAW  TO PROVIDE THE APPLICABLE PROFESSIONAL
SERVICES.
  B. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  AN
EARLY  INTERVENTION  AGENCY OPERATING UNDER A WAIVER THAT IS APPROVED IN
ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC  HEALTH
LAW  MAY  EMPLOY  OR  CONTRACT  WITH  INDIVIDUALS  LICENSED OR OTHERWISE
AUTHORIZED TO PRACTICE ANY PROFESSION PURSUANT TO THIS ARTICLE OR WITH A
PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY, PARTNERSHIP OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHOR-
IZED TO CONDUCT EARLY  INTERVENTION  PROGRAM  MULTI-DISCIPLINARY  EVALU-
ATIONS,  PROVIDE  SERVICE  COORDINATION  SERVICES AND EARLY INTERVENTION
PROGRAM SERVICES.
  C. A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION  AGENCY  OPERATING
UNDER  A  WAIVER  SHALL NOT PRACTICE ANY PROFESSION LICENSED PURSUANT TO
THIS TITLE OR HOLD ITSELF OUT TO THE PUBLIC  AS  AUTHORIZED  TO  PROVIDE
PROFESSIONAL  SERVICES  PURSUANT  TO  THIS TITLE EXCEPT AS AUTHORIZED BY
THIS SECTION OR OTHERWISE AUTHORIZED BY LAW.
  6. SUPERVISION OF PROFESSIONAL PRACTICE. A SPECIAL EDUCATION SCHOOL OR
EARLY INTERVENTION AGENCY SHALL BE UNDER THE SUPERVISION OF THE  REGENTS
OF  THE  UNIVERSITY OF THE STATE OF NEW YORK AND BE SUBJECT TO DISCIPLI-
NARY PROCEEDINGS AND PENALTIES.   A SPECIAL EDUCATION  SCHOOL  OR  EARLY
INTERVENTION AGENCY OPERATING UNDER A WAIVER SHALL BE SUBJECT TO SUSPEN-
SION,  REVOCATION  OR  ANNULMENT  OF  THE  WAIVER FOR CAUSE, IN THE SAME
MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH RESPECT TO INDIVIDUALS
AND THEIR LICENSES, CERTIFICATES, AND REGISTRATIONS IN THE PROVISIONS OF
THIS TITLE RELATING TO THE APPLICABLE PROFESSION.   NOTWITHSTANDING  THE
PROVISIONS  OF  THIS  SUBDIVISION,  A  SPECIAL EDUCATION SCHOOL OR EARLY
INTERVENTION AGENCY THAT CONDUCTS OR CONTRACTS  FOR  A  COMPONENT  OF  A
MULTI-DISCIPLINARY  EVALUATION  THAT  INVOLVES  THE PRACTICE OF MEDICINE
SHALL BE SUBJECT TO THE PRE-HEARING PROCEDURES AND HEARING PROCEDURES AS
IS PROVIDED WITH RESPECT TO INDIVIDUAL PHYSICIANS AND THEIR LICENSES  IN
TITLE  TWO-A  OF  ARTICLE TWO OF THE PUBLIC HEALTH LAW.  NOTWITHSTANDING
ANY OTHER PROVISION OF LAW TO THE CONTRARY,  UPON  REVOCATION  OR  OTHER
TERMINATION  BY  THE  COMMISSIONER  OF APPROVAL OF THE SPECIAL EDUCATION
SCHOOL PURSUANT TO ARTICLE EIGHTY-NINE OF THIS  CHAPTER  AND  THE  REGU-
LATIONS  OF THE COMMISSIONER IMPLEMENTING SUCH ARTICLE OR TERMINATION OF
APPROVAL OF THE EARLY INTERVENTION AGENCY BY THE COMMISSIONER OF  HEALTH
PURSUANT  TO TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW
AND IMPLEMENTING REGULATIONS OR BY THE COMMISSIONER PURSUANT TO SUBDIVI-
SION EIGHTEEN OF SECTION FORTY-FOUR HUNDRED THREE OF THIS  CHAPTER,  THE
SCHOOL'S  OR EARLY INTERVENTION AGENCY'S WAIVER PURSUANT TO THIS SECTION
SHALL BE DEEMED REVOKED AND ANNULLED.

A. 8689--C                          8

  S 5. Notwithstanding any laws to the contrary, a provider of a program
or services approved pursuant to subdivision 9 of section  4410  of  the
education  law  or  pursuant  to  title  2-A of article 25 of the public
health law that, prior to the effective date of this act, was  organized
as  a  for-profit business entity and that is therefore not qualified to
receive a waiver pursuant to the provisions of this act, shall  continue
to  operate  and provide services pursuant to the approved program for a
period up to and ending on June 30, 2013. Commencing on  July  1,  2013,
the approval of such provider to operate the program or provide services
shall be deemed revoked and terminated, unless the provider is organized
or  formed in a manner prescribed by law that authorizes the provider to
operate and provide the approved program, as approved by the commission-
er of education.
  S 6. This act shall take effect June 30, 2010.

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Assembly Bill A8689

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2009-A8689 - Details

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Amy Paulin

Ellen C. Jaffee

Albert A. Stirpe

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John McEneny

Audrey Pheffer

2009-A8689A - Details

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Amy Paulin

Ellen C. Jaffee

Albert A. Stirpe

Michele Titus

multi-Sponsors

Donna Lupardo

John McEneny

Audrey Pheffer

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Amy Paulin

Ellen C. Jaffee

Albert A. Stirpe

Michele Titus

multi-Sponsors

Donna Lupardo

John McEneny

Audrey Pheffer

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