S T A T E   O F   N E W   Y O R K
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    S. 2226                                                  A. 5464

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 13, 2009
                               ___________

IN  SENATE -- Introduced by Sen. KRUGER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Education

IN ASSEMBLY -- Introduced by M. of A. LENTOL -- read once  and  referred
  to the Committee on Education

AN  ACT  to  amend the education law, in relation to a corrective action
  plan

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

  Section  1.  Subdivision  1  of  section  5003 of the education law is
amended by adding a new paragraph e to read as follows:
  E. (1) IF THE COMMISSIONER FINDS THAT A  VIOLATION  HAS  OCCURRED,  IT
SHALL  ALLOW  THE  SCHOOL  AN OPPORTUNITY TO DEVELOP A CORRECTIVE ACTION
PLAN THAT WILL REMEDY THE VIOLATION, UNLESS  THE  COMMISSIONER  SEEKS  A
DETERMINATION THAT THE SCHOOL SHOULD NOT BE ALLOWED TO DO SO PURSUANT TO
SUBPARAGRAPH  TWO OF THIS PARAGRAPH. THE CORRECTIVE ACTION PLAN SHALL BE
DEVELOPED BY THE SCHOOL WITH INPUT FROM THE COMMISSIONER  WITHIN  THIRTY
DAYS OF WRITTEN NOTICE OF A VIOLATION.  THE SCHOOL WILL BE GIVEN A MINI-
MUM OF SIX MONTHS TO IMPLEMENT THE CORRECTIVE ACTION PLAN, STARTING FROM
THE  DATE OF RECEIPT OF THE COMMISSIONER'S WRITTEN APPROVAL OF THE PLAN.
IF A SCHOOL'S LICENSE HAS EXPIRED AT THE  TIME  THE  WRITTEN  NOTICE  OF
VIOLATION  IS  RECEIVED, THE SCHOOL SHALL CONTINUE OPERATING IN A PROBA-
TIONARY LICENSE STATUS DURING THE PERIOD FOR WHICH IT HAS  BEEN  AUTHOR-
IZED  TO IMPLEMENT THE CORRECTIVE ACTION PLAN. AT THE END OF THE CORREC-
TIVE  ACTION  PLAN'S  IMPLEMENTATION  PERIOD,  THE  COMMISSIONER   SHALL
DETERMINE WHETHER THE SCHOOL HAS SUCCESSFULLY IMPLEMENTED THE CORRECTIVE
ACTION PLAN. IF THE SCHOOL FAILS TO MEET SOME OR ALL OF THE TERMS OF THE
CORRECTIVE  ACTION  PLAN, THE COMMISSIONER CAN EXTEND THE IMPLEMENTATION
PERIOD,  INCLUDING  ANY  PROBATIONARY  PERIOD  EXTENSION,  IF  REQUIRED;
REQUIRE ADDITIONS OR MODIFICATIONS TO THE CORRECTIVE ACTION PLAN; INSTI-
TUTE  AN  ACTION TO TERMINATE THE SCHOOL'S LICENSE; OR, IN THE CASE OF A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08068-01-9
              

S. 2226                             2                            A. 5464

SCHOOL OPERATING PURSUANT TO A PROBATIONARY LICENSE EXTENSION, REFUSE TO
GRANT A RENEWAL OF THE SCHOOL LICENSE.
  (2)  IF  THE  COMMISSIONER  DETERMINES  THAT  THE SCHOOL SHOULD NOT BE
AFFORDED AN OPPORTUNITY TO DEVELOP AND  IMPLEMENT  A  CORRECTIVE  ACTION
PLAN, THE COMMISSIONER SHALL IMMEDIATELY INITIATE A PROCEEDING TO DEMON-
STRATE  BY  CLEAR  AND  CONVINCING EVIDENCE WHY THE SCHOOL SHOULD NOT BE
ALLOWED TO DO SO. THE HEARING SHALL BE CONDUCTED BY AN IMPARTIAL HEARING
OFFICER DESIGNATED BY THE  COMMISSIONER  AND  FINAL  DECISION  SHALL  BE
RENDERED  WITHIN  THIRTY  DAYS  OF SERVICE OF THE NOTICE OF THE HEARING.
THE FINAL DECISION MAY NOT BE APPEALED. THIS PROCEEDING SHALL  OTHERWISE
BE  GOVERNED  BY THE REQUIREMENTS FOR HEARING PROCEDURES SET OUT IN THIS
ARTICLE.
  S 2. This act shall take effect immediately.