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.