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

                                  5638

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by  M.  of  A. CONTE, ALFANO, BROOK-KRASNY, CALHOUN, COLTON,
  DUPREY, FINCH, KOLB, McKEVITT, MILLER, MOLINARO, SAYWARD,  SCOZZAFAVA,
  SPANO,  WALKER, WEISENBERG, RAIA, SALADINO -- Multi-Sponsored by -- M.
  of A.  AMEDORE,  BARCLAY,  BUTLER,  CROUCH,  ERRIGO,  FIELDS,  JORDAN,
  RABBITT,  THIELE,  TOBACCO,  TOWNSEND -- read once and referred to the
  Committee on Education

AN ACT to amend the education law and the state finance law, in relation
  to identifying the incidence and needs of  those  affected  by  autism
  spectrum  disorder  in  this state and requiring training of education
  personnel

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

  Section  1. Legislative intent. The legislature finds that a statewide
study is needed to help school districts and state officials obtain true
numbers relating to the  incidence  of  children  with  autism  spectrum
disorder.  The legislature further finds that on average the annual cost
of educating a child with an autism  spectrum  disorder  is  $23,000  in
order  to  properly  train  teachers and school personnel. It is further
found that parents need assistance on how to deal with  educational  and
other  challenges faced by having a child with an autism spectrum disor-
der. Therefore, the legislature hereby finds and declares that it is the
policy of New York state to ensure  that  state  and  local  educational
authorities improve the methods by which parents of children affected by
autism spectrum disorder receive proper treatment and services by limit-
ing  the bureaucratic roadblocks currently frustrating the needs of such
families.
  S 2. This act shall be known and may be cited as the "Autism Identifi-
cation and Education Act of 2009".
  S 3. 1. The department of health, in conjunction with  the  office  of
mental  health, the office of mental retardation and developmental disa-
bilities, the commission on quality care and advocacy for  persons  with

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04285-01-9
              

A. 5638                             2

disabilities  and  the  state education department shall collaboratively
with local entities engage in a study of the incidences of autism  spec-
trum  disorders in New York state. Such study shall include recent clin-
ical  observations in children diagnosed with autism spectrum disorders,
environmental factors associated with  autism  spectrum  disorders,  the
number  of children currently receiving services, educational records of
affected students and any other topic related to autism spectrum  disor-
ders which are deemed relevant.
  2.  Not  later than one year after the effective date of this act, the
department of health shall prepare a report setting forth and evaluating
the findings of the study. Such report shall include, but  need  not  be
limited to:
  (a)  an  assessment  of  the  extent of the rising incidence of autism
spectrum disorders;
  (b) an assessment and suggestion for improving available  options  for
persons diagnosed with autism spectrum disorders; and
  (c)  an  assessment  of the success of any local or statewide programs
which are engaged in the  study  and/or  treatment  of  autism  spectrum
disorders.
  S  4.  Section  4402  of  the education law is amended by adding a new
subdivision 8 to read as follows:
  8. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND  THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK SHALL PROVIDE AND REQUIRE A
PROGRAM  OF EDUCATION AND TRAINING FOR SCHOOL DISTRICT PERSONNEL INCLUD-
ING TEACHERS, PARA-PROFESSIONALS, CUSTODIANS  AND  BUS  DRIVERS  ON  THE
SPECIFIC NEEDS OF CHILDREN WITH AUTISM SPECTRUM DISORDERS. SUCH PROGRAMS
SHALL  INCLUDE INSTRUCTION IN THE SPECIFIC NEEDS OF CHILDREN WITH AUTISM
SPECTRUM  DISORDERS  AND  METHODS  OF  PROPERLY  INTERACTING  WITH  SUCH
STUDENTS.  SUCH  TRAINING MAY BE PROVIDED THROUGH A BOARD OF COOPERATIVE
EDUCATION SERVICES, THROUGH PROGRAMS  PROVIDED  BY  OTHER  DISTRICTS  OR
OTHER APPROVED PROGRAMS.
  S  5. Subdivision 3 of section 95-e of the state finance law, as added
by chapter 301 of the laws of 2004, is amended to read as follows:
  3. (a) Monies of the fund shall be expended only for autism  awareness
projects  [or], autism research projects OR OUTREACH PROGRAMS FOR SCHOOL
DISTRICTS  AND  COMMUNITY  ORGANIZATIONS  WHICH   PROVIDE   AFTER-SCHOOL
PROGRAMS,  SOCIAL  EVENT AND SUMMER CAMP PROGRAMS FOR CHILDREN AND FAMI-
LIES OF CHILDREN WITH AUTISM SPECTRUM DISORDERS approved by the  depart-
ment  of  health  in New York state provided, however, that no more than
ten percent of monies from such fund shall be expended on the  aggregate
number of autism research projects approved in a fiscal year.
  (b)  As used in this section, the term "autism research project" means
scientific research approved by the department of health into the causes
and/or treatment of autism, and  the  term  "autism  awareness  project"
means  a  project  approved  by  the  department  of health aimed toward
educating the general public about the causes, symptoms, and  treatments
of  autism.  THE TERM "AUTISM SPECTRUM DISORDER" MEANS A NEUROBIOLOGICAL
CONDITION THAT INCLUDES AUTISM, ASPERGER SYNDROME, RETT'S  SYNDROME,  OR
PERVASIVE DEVELOPMENTAL DISORDER.
  S  6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.