Senate Bill S5954D

2009-2010 Legislative Session

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

download bill text pdf

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 28, 2010	referred to education delivered to assembly passed senate
Jun 22, 2010	amended on third reading 5954d
Jun 21, 2010	amended on third reading 5954c
Jun 14, 2010	advanced to third reading
Jun 10, 2010	2nd report cal.
Jun 09, 2010	1st report cal.901
Jun 07, 2010	print number 5954b
Jun 07, 2010	amend and recommit to higher education
May 26, 2010	committee discharged and committed to higher education
May 21, 2010	print number 5954a
May 21, 2010	amend (t) and recommit to education
Jan 06, 2010	referred to education
Jun 19, 2009	referred to rules

Votes

- Jun 28, 2010 - Floor Vote
  S5954D
  
  Aye
  
  61
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 28, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jun 9, 2010 - Higher Education Committee Vote
  S5954D
  
  Aye
  
  18
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Higher Education Committee Vote: Jun 9, 2010
      
      aye (18)
      
      Alesi
      
      Aubertine
      
      Flanagan
      
      Foley
      
      Griffo
      
      Hannon
      
      Huntley
      
      Krueger
      
      LaValle
      
      Maziarz
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Robach
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Stavisky

Bill Amendments

2009-S5954 - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Rpld & add §4410 sub 6, amd §4410, add §6503-b, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S5581

2009-S5954 - Summary

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

2009-S5954 - Sponsor Memo

                                 BILL NUMBER:  S5954

 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
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 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 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 corporate 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 educational 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 Education 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 an1end 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
appropriately certified or licensed professionals, or agencies
employing such professionals, certify as part of the program approval
application process 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
registration 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 entities. New §6503-a would also provide for
registration of early intervention 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 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
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 education schools that are not registered from employing
licensed professionals 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 coordination 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
existence 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 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 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 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 agencies
subject to the supervision of the Board of Regents and the Department
relating to professional practice, including professional discipline.

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 organization with licensees from other professions.
Education Law §65l2 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
corporations, 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
evaluations 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 disability, and that would preserve the ability of early
intervention 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
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 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
function without disruption. This bill would allow schools and early
intervention 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
authorized 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
Department of Health time to develop and adopt in regulations,
criteria and service delivery standards for approval and re-approval
of early intervention providers.

2009-S5954 - Bill Text download pdf

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

                                  5954

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by  Sen.  STAVISKY  --  (at  request  of the State Education
  Department) -- read twice and ordered printed, and when printed to  be
  committed to the Committee on Rules

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
OR REGISTERED LIMITED LIABILITY PARTNERSHIP MAY BE AUTHORIZED TO PROVIDE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02397-06-9

S. 5954                             2

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
SIXTY-FIVE  HUNDRED  THREE-A  OF THIS CHAPTER PRIOR TO PROVIDING RELATED

S. 5954                             3

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
CONSTRUED  TO  REQUIRE  REGISTRATION  OF  A  CHILD CARE INSTITUTION THAT
CONDUCTS MULTI-DISCIPLINARY EVALUATIONS  OR  PROVIDES  RELATED  SERVICES

S. 5954                             4

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
SCHOOLS  APPROVED  BY  THE COMMISSIONER AS OF THE EFFECTIVE DATE OF THIS

S. 5954                             5

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
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

S. 5954                             6

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.

2009-S5954A - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Rpld & add §4410 sub 6, amd §4410, add §6503-b, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S5581

2009-S5954A - Summary

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

2009-S5954A - Sponsor Memo

                                 BILL NUMBER:  S5954A

 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 subdivision 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 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
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 SPECIFIC PROVISIONS :
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
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 corporate 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
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 educational 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 Education 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
appropriately certified or licensed professionals, or agencies
employing such professionals, certify as part of the program approval
application process 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 §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, 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
disabilities 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 intervention 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 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
multi-disciplinary evaluations, service coordination services and
early intervention program services, and is lawfully operated 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 6503-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 conducting 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
supervision of the Board of Regents and the Department relating to
professional 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
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 multi-disciplinary evaluations be
conducted by approved programs, which in this bill are education
corporations, 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 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 J:'elating 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
applicable, conduct multi-disciplinary evaluations of students
suspected of having a disability, and that would preserve the ability
of early intervention 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
intervention 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
authorized 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-S5954A - Bill Text download pdf

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

                                 5954--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the Committee on Education in accordance with Senate Rule 6, sec. 8 --
  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02397-09-0

S. 5954--A                          2

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
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

S. 5954--A                          3

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
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

S. 5954--A                          4

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
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

S. 5954--A                          5

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
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

S. 5954--A                          6

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
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

S. 5954--A                          7

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-
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.

2009-S5954B - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Rpld & add §4410 sub 6, amd §4410, add §6503-b, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S5581

2009-S5954B - Summary

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

2009-S5954B - Sponsor Memo

                                BILL NUMBER:S5954B

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 subdivision 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 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
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 SPECIFIC PROVISIONS:
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
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 corporate practice under Title
VIII.

New §4410(6)(b) would clarify that an approved program may be formed
as an education corporation, business corporation or a not-for-profit
corporation, with the consent of the Commissioner. 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 educational 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 Education 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
appropriately certified or licensed professionals, or agencies
employing such professionals, certify as part of the program approval
application process 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
disabilities 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 intervention 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 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
multi-disciplinary evaluations, service coordination services and
early intervention program services, and is lawfully operated 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 conducting 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
supervision of the Board of Regents and the Department relating to
professional 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
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 multi-disciplinary evaluations be
conducted by approved programs, which in this bill are education
corporations, 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 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 not-for-profit 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 disability, and that would preserve the ability
of early intervention 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
intervention 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
authorized 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 t.O 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).

FISCAL IMPLICATIONS:
To be determined.

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

2009-S5954B - Bill Text download pdf

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

                                 5954--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the Committee on Education in accordance with Senate Rule 6, sec. 8 --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged  and  said  bill
  committed   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  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,  BUSINESS  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 PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY IN ACCORDANCE WITH THE APPLICA-
BLE PROVISIONS OF ARTICLE TWELVE OR THIRTEEN OF  THE  LIMITED  LIABILITY
COMPANY  LAW OR AS A REGISTERED LIMITED LIABILITY PARTNERSHIP IN ACCORD-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02397-11-0

S. 5954--B                          2

ANCE 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  PRAC-
TICE,  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-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  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

S. 5954--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

S. 5954--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

S. 5954--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

S. 5954--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

S. 5954--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-

S. 5954--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.

2009-S5954C - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Rpld & add §4410 sub 6, amd §4410, add §6503-b, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S5581

2009-S5954C - Summary

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

2009-S5954C - Sponsor Memo

                                BILL NUMBER:S5954C

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 subdivision 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 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
multidisciplinary 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
handicapped apply to center-based preschool special education
providers' services when providing services onsite. 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.

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 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 multi-disciplinary evaluations be
conducted by approved programs, which in this bill are education
corporations or as a not-for-profit corporations. In addition, an
approved program or limited liability company, of appropriately
licensed or certified professionals may be formed as a professional
service corporation formed pursuant to article 15 of the business
corporation law, a 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 or registered foreign
limited liability partnership in accordance with article eight-B of
the partnership law.

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
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 not-for-profit
private schools, 4201 schools and approved preschool providers to
continue to deliver related services to students with disabilities
and, where applicable, conduct multidisciplinary evaluations of
students suspected of having a disability, and that would preserve
the ability of early intervention 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 intervention 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 authorized 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).

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to be in
full force and effect on and after June 30, 2010.

2009-S5954C - Bill Text download pdf

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

                                 5954--C
    Cal. No. 901

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the Committee on Education in accordance with Senate Rule 6, sec. 8 --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged  and  said  bill
  committed   to   the   Committee  on  Higher  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- reported favorably from said  committee,  ordered
  to  first  and  second report, ordered to a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

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-B OF
THIS CHAPTER.
  B.  AN APPROVED PROGRAM MAY BE FORMED, WITH THE CONSENT OF THE COMMIS-
SIONER, AS  AN  EDUCATION  CORPORATION,  BUSINESS  CORPORATION,  LIMITED
LIABILITY  COMPANY  OR AS A NOT-FOR-PROFIT CORPORATION.  IN ADDITION, AN
APPROVED PROGRAM OR GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFES-
SIONALS MAY BE FORMED AS  A  PROFESSIONAL  SERVICES  CORPORATION  FORMED
PURSUANT  TO  ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, A PROFES-

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

                                                           LBD02397-14-0

S. 5954--C                          2

SIONAL 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 COMPA-
NY  LAW  OR  AS A REGISTERED LIMITED LIABILITY PARTNERSHIP OR REGISTERED
FOREIGN LIMITED LIABILITY PARTNERSHIP IN ACCORDANCE WITH ARTICLE EIGHT-B
OF THE PARTNERSHIP LAW.  AN APPROVED PROGRAM FORMED AS  SUCH  A  PROFES-
SIONAL  SERVICES  CORPORATION,  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  NOT-FOR-PROFIT  CORPORATION,  EDUCATION  CORPORATION,  BUSINESS
CORPORATION, LIMITED LIABILITY COMPANY OR PROFESSIONAL  SERVICES  ORGAN-
IZATION  ESTABLISHED  PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPO-
RATION LAW, ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY  COMPANY
LAW  OR  ARTICLE  EIGHT-B  OF THE PARTNERSHIP LAW MAY EMPLOY OR 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  PARTNER-
SHIP  LAW,  WITHIN THE SCOPE OF THE STATE EDUCATION DEPARTMENT OPERATING
CERTIFICATE AND ONLY FOR THE PURPOSES OF CONDUCTING A MULTI-DISCIPLINARY
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

S. 5954--C                          3

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-B 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
IT SHALL APPLY FOR AND OBTAIN A WAIVER PURSUANT  TO  SECTION  SIXTY-FIVE
HUNDRED  THREE-B  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 UNDER THIS SUBDIVISION ON AND
AFTER JULY FIRST, TWO THOUSAND TEN, A GROUP OF APPROPRIATELY LICENSED OR
CERTIFIED PROFESSIONALS SHALL BE FORMED AS A NOT-FOR-PROFIT CORPORATION,
EDUCATION CORPORATION, BUSINESS CORPORATION, LIMITED  LIABILITY  COMPANY
OR  PROFESSIONAL  SERVICES  ORGANIZATION ESTABLISHED PURSUANT TO ARTICLE
FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLE TWELVE OR  THIRTEEN  OF
THE  LIMITED LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP
LAW.  THE APPROVAL OF ANY GROUPS OF LICENSED OR CERTIFIED  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 TWELVE.
  S  4.  The  education law is amended by adding a new section 6503-b to
read as follows:
  S 6503-B. 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

S. 5954--C                          4

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
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, EDUCATION CORPORATION, BUSI-
NESS  CORPORATION  OR  PROFESSIONAL  SERVICES  ORGANIZATION  ESTABLISHED
PURSUANT  TO  ARTICLE  FIFTEEN  OF THE BUSINESS CORPORATION LAW, ARTICLE
TWELVE OR THIRTEEN OF THE  LIMITED  LIABILITY  COMPANY  LAW  OR  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-

S. 5954--C                          5

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 NOT-FOR-PROFIT CORPORATION,  EDUCATION  CORPO-
RATION,  BUSINESS CORPORATION, LIMITED LIABILITY COMPANY OR PROFESSIONAL
SERVICES ORGANIZATION ESTABLISHED PURSUANT TO  ARTICLE  FIFTEEN  OF  THE
BUSINESS  CORPORATION  LAW,  ARTICLE  TWELVE  OR THIRTEEN OF THE LIMITED
LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP LAW  AUTHOR-
IZED 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 TWELVE.
  B.  NO  EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT WITH INDIVID-
UALS LICENSED PURSUANT TO THIS ARTICLE OR WITH A  NOT-FOR-PROFIT  CORPO-
RATION,  EDUCATION  CORPORATION, BUSINESS CORPORATION, LIMITED LIABILITY
COMPANY OR PROFESSIONAL SERVICES ORGANIZATION  ESTABLISHED  PURSUANT  TO
ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLE TWELVE OR THIR-
TEEN  OF  THE  LIMITED  LIABILITY  COMPANY LAW OR ARTICLE EIGHT-B OF THE
PARTNERSHIP LAW, TO CONDUCT AN EARLY INTERVENTION  PROGRAM  MULTI-DISCI-
PLINARY  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 INTER-
VENTION PROGRAM PROVIDER. ALL EARLY INTERVENTION AGENCIES APPROVED 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 EFFEC-
TIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND TWELVE. 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.  THE DEPARTMENT MAY ISSUE A WAIVER ON OR
AFTER JULY FIRST, TWO THOUSAND TWELVE TO AN  ENTITY  WHICH  WAS  CREATED
BEFORE,  ON  OR  AFTER  THE EFFECTIVE DATE OF THIS SECTION IF THERE IS A
DEMONSTRATION OF NEED OF  THE  ENTITY'S  SERVICES  SATISFACTORY  TO  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

S. 5954--C                          6

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 TO PROVIDE SUCH  SERVICES,  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 PROFESSIONAL SERVICES PURSU-
ANT TO THIS SECTION SHALL BE ON A FORM PRESCRIBED BY  THE  COMMISSIONER.
SUCH APPLICATION 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;
  (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, TRUSTEE AND DIRECTOR OF SUCH SCHOOL OR AGENCY SHALL
PROVIDE AN ATTESTATION REGARDING HIS OR  HER  GOOD  MORAL  CHARACTER  AS
REQUIRED  PURSUANT 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
INTERVENTION 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

S. 5954--C                          7

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,  TRUSTEES 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  PROCESS  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
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 NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSINESS
CORPORATION, LIMITED LIABILITY COMPANY OR PROFESSIONAL  SERVICES  ORGAN-
IZATION  ESTABLISHED  PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPO-
RATION LAW, ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY  COMPANY
LAW  OR  ARTICLE  EIGHT-B  OF  THE  PARTNERSHIP LAW 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
NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSINESS CORPORATION,
LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES  ORGANIZATION  ESTAB-
LISHED  PURSUANT  TO  ARTICLE  FIFTEEN  OF THE BUSINESS CORPORATION LAW,
ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW OR ARTI-
CLE EIGHT-B OF THE PARTNERSHIP LAW AUTHORIZED TO  CONDUCT  EARLY  INTER-
VENTION  PROGRAM MULTI-DISCIPLINARY EVALUATIONS, PROVIDE SERVICE COORDI-
NATION 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

S. 5954--C                          8

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
THE EARLY INTERVENTION AGENCY PURSUANT TO TITLE TWO-A OF  ARTICLE  TWEN-
TY-FIVE  OF  THE  PUBLIC  HEALTH LAW AND IMPLEMENTING REGULATIONS BY THE
COMMISSIONER PURSUANT TO  SUBDIVISION  EIGHTEEN  OF  SECTION  FORTY-FOUR
HUNDRED  THREE OF THIS CHAPTER, THE SCHOOL'S OR EARLY INTERVENTION AGEN-
CY'S WAIVER PURSUANT  TO  THIS  SECTION  SHALL  BE  DEEMED  REVOKED  AND
ANNULLED.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after June 30, 2010.

2009-S5954D (ACTIVE) - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Rpld & add §4410 sub 6, amd §4410, add §6503-b, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S5581

2009-S5954D (ACTIVE) - Summary

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

2009-S5954D (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5954D

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 subdivision 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 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
multidisciplinary 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
handicapped apply to center-based preschool special education
providers' services when providing services onsite. 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.

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 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 multi-disciplinary evaluations be
conducted by approved programs, which in this bill are education
corporations or as a not-for-profit corporations. In addition, an
approved program or limited liability company, of appropriately

licensed or certified professionals may be formed as a professional
service corporation formed pursuant to article 15 of the business
corporation law, a 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 or registered foreign
limited liability partnership in accordance with article eight-B of
the partnership law.

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
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 not-for-profit
private schools, 4201 schools and approved preschool providers to
continue to deliver related services to students with disabilities
and, where applicable, conduct multidisciplinary evaluations of
students suspected of having a disability, and that would preserve
the ability of early intervention 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 intervention 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 authorized 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).

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to be in
full force and effect on and after June 30, 2010.

2009-S5954D (ACTIVE) - Bill Text download pdf

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

                                 5954--D
    Cal. No. 901

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the Committee on Education in accordance with Senate Rule 6, sec. 8 --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged  and  said  bill
  committed   to   the   Committee  on  Higher  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- reported favorably from said  committee,  ordered
  to  first  and  second report, ordered to a third reading, amended and
  ordered reprinted, retaining its place in the order of  third  reading
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

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-B OF
THIS CHAPTER.
  B.  AN APPROVED PROGRAM MAY BE FORMED, WITH THE CONSENT OF THE COMMIS-
SIONER, AS  AN  EDUCATION  CORPORATION,  BUSINESS  CORPORATION,  LIMITED
LIABILITY  COMPANY  OR AS A NOT-FOR-PROFIT CORPORATION.  IN ADDITION, AN

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

                                                           LBD02397-16-0

S. 5954--D                          2

APPROVED PROGRAM OR GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFES-
SIONALS MAY BE FORMED AS  A  PROFESSIONAL  SERVICES  CORPORATION  FORMED
PURSUANT  TO  ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, A PROFES-
SIONAL  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 COMPA-
NY  LAW  OR  AS A REGISTERED LIMITED LIABILITY PARTNERSHIP OR REGISTERED
FOREIGN LIMITED LIABILITY PARTNERSHIP IN ACCORDANCE WITH ARTICLE EIGHT-B
OF THE PARTNERSHIP LAW.  AN APPROVED PROGRAM FORMED AS  SUCH  A  PROFES-
SIONAL  SERVICES  CORPORATION,  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  NOT-FOR-PROFIT  CORPORATION,  EDUCATION  CORPORATION,  BUSINESS
CORPORATION, LIMITED LIABILITY COMPANY OR PROFESSIONAL  SERVICES  ORGAN-
IZATION  ESTABLISHED  PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPO-
RATION LAW, ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY  COMPANY
LAW  OR  ARTICLE  EIGHT-B  OF THE PARTNERSHIP LAW MAY EMPLOY OR 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  PARTNER-
SHIP  LAW,  WITHIN THE SCOPE OF THE STATE EDUCATION DEPARTMENT OPERATING
CERTIFICATE AND ONLY FOR THE PURPOSES OF CONDUCTING A MULTI-DISCIPLINARY
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-

S. 5954--D                          3

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-B 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
IT SHALL APPLY FOR AND OBTAIN A WAIVER PURSUANT  TO  SECTION  SIXTY-FIVE
HUNDRED  THREE-B  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 UNDER THIS SUBDIVISION ON AND
AFTER JULY FIRST, TWO THOUSAND TEN, A GROUP OF APPROPRIATELY LICENSED OR
CERTIFIED PROFESSIONALS SHALL BE FORMED AS A NOT-FOR-PROFIT CORPORATION,
EDUCATION CORPORATION, BUSINESS CORPORATION, LIMITED  LIABILITY  COMPANY
OR  PROFESSIONAL  SERVICES  ORGANIZATION ESTABLISHED PURSUANT TO ARTICLE
FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLE TWELVE OR  THIRTEEN  OF
THE  LIMITED LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP
LAW.  THE APPROVAL OF ANY GROUPS OF LICENSED OR CERTIFIED  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 TWELVE.
  S  4.  The  education law is amended by adding a new section 6503-b to
read as follows:
  S 6503-B. 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

S. 5954--D                          4

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
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, EDUCATION  CORPORATION,  BUSI-
NESS  CORPORATION,  A LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES
ORGANIZATION ESTABLISHED PURSUANT TO ARTICLE  FIFTEEN  OF  THE  BUSINESS
CORPORATION  LAW,  ARTICLE  TWELVE  OR THIRTEEN OF THE LIMITED LIABILITY
COMPANY LAW OR 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-

S. 5954--D                          5

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 NOT-FOR-PROFIT CORPORATION,  EDUCATION  CORPO-
RATION,  BUSINESS CORPORATION, LIMITED LIABILITY COMPANY OR PROFESSIONAL
SERVICES ORGANIZATION ESTABLISHED PURSUANT TO  ARTICLE  FIFTEEN  OF  THE
BUSINESS  CORPORATION  LAW,  ARTICLE  TWELVE  OR THIRTEEN OF THE LIMITED
LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP LAW  AUTHOR-
IZED 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 TWELVE.
  B.  NO  EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT WITH INDIVID-
UALS LICENSED PURSUANT TO THIS ARTICLE OR WITH A  NOT-FOR-PROFIT  CORPO-
RATION,  EDUCATION  CORPORATION, BUSINESS CORPORATION, LIMITED LIABILITY
COMPANY OR PROFESSIONAL SERVICES ORGANIZATION  ESTABLISHED  PURSUANT  TO
ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLE TWELVE OR THIR-
TEEN  OF  THE  LIMITED  LIABILITY  COMPANY LAW OR ARTICLE EIGHT-B OF THE
PARTNERSHIP LAW, TO CONDUCT AN EARLY INTERVENTION  PROGRAM  MULTI-DISCI-
PLINARY  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 INTER-
VENTION PROGRAM PROVIDER. ALL EARLY INTERVENTION AGENCIES APPROVED 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 EFFEC-
TIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND TWELVE. 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.  THE DEPARTMENT MAY ISSUE A WAIVER ON OR
AFTER JULY FIRST, TWO THOUSAND TWELVE TO AN  ENTITY  WHICH  WAS  CREATED
BEFORE,  ON  OR  AFTER  THE EFFECTIVE DATE OF THIS SECTION IF THERE IS A
DEMONSTRATION OF NEED OF  THE  ENTITY'S  SERVICES  SATISFACTORY  TO  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

S. 5954--D                          6

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  TO  PROVIDE  SUCH SERVICES, 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 PROFESSIONAL SERVICES PURSU-
ANT  TO  THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER.
SUCH APPLICATION 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;
  (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, TRUSTEE AND DIRECTOR OF SUCH SCHOOL OR  AGENCY  SHALL
PROVIDE  AN  ATTESTATION  REGARDING  HIS  OR HER GOOD MORAL CHARACTER AS
REQUIRED PURSUANT 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
INTERVENTION  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

S. 5954--D                          7

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,  TRUSTEES 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  PROCESS  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
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 NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSINESS
CORPORATION, LIMITED LIABILITY COMPANY OR PROFESSIONAL  SERVICES  ORGAN-
IZATION  ESTABLISHED  PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPO-
RATION LAW, ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY  COMPANY
LAW  OR  ARTICLE  EIGHT-B  OF  THE  PARTNERSHIP LAW 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
NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSINESS CORPORATION,
LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES  ORGANIZATION  ESTAB-
LISHED  PURSUANT  TO  ARTICLE  FIFTEEN  OF THE BUSINESS CORPORATION LAW,
ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW OR ARTI-
CLE EIGHT-B OF THE PARTNERSHIP LAW AUTHORIZED TO  CONDUCT  EARLY  INTER-
VENTION  PROGRAM MULTI-DISCIPLINARY EVALUATIONS, PROVIDE SERVICE COORDI-
NATION 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

S. 5954--D                          8

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
THE EARLY INTERVENTION AGENCY PURSUANT TO TITLE TWO-A OF  ARTICLE  TWEN-
TY-FIVE  OF  THE  PUBLIC  HEALTH LAW AND IMPLEMENTING REGULATIONS BY THE
COMMISSIONER PURSUANT TO  SUBDIVISION  EIGHTEEN  OF  SECTION  FORTY-FOUR
HUNDRED  THREE OF THIS CHAPTER, THE SCHOOL'S OR EARLY INTERVENTION AGEN-
CY'S WAIVER PURSUANT  TO  THIS  SECTION  SHALL  BE  DEEMED  REVOKED  AND
ANNULLED.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after June 30, 2010.

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Senate Bill S5954D

Sponsored By

Archive: Last Bill Status - In Assembly Committee

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Votes

Jun 28, 2010 - Floor Vote

Floor Vote: Jun 28, 2010

Jun 9, 2010 - Higher Education Committee Vote

Higher Education Committee Vote: Jun 9, 2010

Bill Amendments

2009-S5954 - Details

2009-S5954 - Summary

2009-S5954 - Sponsor Memo

2009-S5954 - Bill Text download pdf

2009-S5954A - Details

2009-S5954A - Summary

2009-S5954A - Sponsor Memo

2009-S5954A - Bill Text download pdf

2009-S5954B - Details

2009-S5954B - Summary

2009-S5954B - Sponsor Memo

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2009-S5954C - Details

2009-S5954C - Summary

2009-S5954C - Sponsor Memo

2009-S5954C - Bill Text download pdf

2009-S5954D (ACTIVE) - Details

2009-S5954D (ACTIVE) - Summary

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Assembly Committee

Actions

Votes

Bill Amendments

2009-S5954 - Details

2009-S5954 - Summary

2009-S5954 - Sponsor Memo

2009-S5954 - Bill Text download pdf

2009-S5954A - Details

2009-S5954A - Summary

2009-S5954A - Sponsor Memo

2009-S5954A - Bill Text download pdf

2009-S5954B - Details

2009-S5954B - Summary

2009-S5954B - Sponsor Memo

2009-S5954B - Bill Text download pdf

2009-S5954C - Details

2009-S5954C - Summary

2009-S5954C - Sponsor Memo

2009-S5954C - Bill Text download pdf

2009-S5954D (ACTIVE) - Details

2009-S5954D (ACTIVE) - Summary

2009-S5954D (ACTIVE) - Sponsor Memo

2009-S5954D (ACTIVE) - Bill Text download pdf

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