S T A T E O F N E W Y O R K
________________________________________________________________________
4807
2011-2012 Regular Sessions
I N A S S E M B L Y
February 8, 2011
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Introduced by M. of A. KOLB, CASTELLI, CONTE, REILICH, SALADINO, SAYWARD
-- Multi-Sponsored by -- M. of A. AMEDORE, BARCLAY, BOYLE, BUTLER,
CALHOUN, CORWIN, CROUCH, FINCH, FITZPATRICK, GIGLIO, HAWLEY, JORDAN,
McDONOUGH, McKEVITT, J. MILLER, MOLINARO, MONTESANO, OAKS, RABBITT,
RAIA, TEDISCO, TOBACCO -- read once and referred to the Committee on
Education
AN ACT to amend the education law, in relation to the apportionment of
aid for external defibrillators, the powers of the commissioner of
education pertaining to individualized education programs, excluding
the issue of the cost of criminal history records searches from
collective bargaining negotiations, the adoption of professional
development plans for teachers, and the frequency of safety
inspections of school buildings and building condition surveys
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3602 of the education law is amended by adding a
new subdivision 6-d to read as follows:
6-D. BUILDING AID FOR AUTOMATED EXTERNAL DEFIBRILLATORS. IN ADDITION
TO THE APPORTIONMENTS PAYABLE TO A SCHOOL DISTRICT PURSUANT TO SUBDIVI-
SION SIX OF THIS SECTION, THE COMMISSIONER IS HEREBY AUTHORIZED TO
APPORTION TO ANY SCHOOL DISTRICT ADDITIONAL BUILDING AID PURSUANT TO
THIS SUBDIVISION FOR ITS APPROVED EXPENDITURES IN THE BASE YEAR FOR THE
PURCHASE OR MAINTENANCE OF AUTOMATED EXTERNAL DEFIBRILLATORS. AIDABLE
EXPENSES SHALL ALSO INCLUDE THE PURCHASE OF BATTERIES, ADAPTERS, ELEC-
TRODES AND WALL CABINETS. FUNDS APPORTIONED TO SCHOOL DISTRICTS PURSUANT
TO THIS SECTION SHALL NOT SUPPLANT FUNDS FOR EXISTING DISTRICT EXPENDI-
TURES OR FOR EXISTING CONTRACTUAL OBLIGATIONS OF THE DISTRICT FOR AUTO-
MATED EXTERNAL DEFIBRILLATORS. SUCH ADDITIONAL AID SHALL EQUAL THE PROD-
UCT OF THE BUILDING AID RATIO COMPUTED FOR USE IN THE CURRENT YEAR
PURSUANT TO PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION AND THE ACTU-
AL APPROVED EXPENDITURES INCURRED IN THE BASE YEAR PURSUANT TO THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05149-01-1
A. 4807 2
SUBDIVISION. THE COMMISSIONER SHALL ANNUALLY PRESCRIBE A SPECIAL COST
ALLOWANCE FOR AUTOMATED EXTERNAL DEFIBRILLATORS, AND THE APPROVED
EXPENDITURES SHALL NOT EXCEED SUCH COST ALLOWANCE.
S 2. Section 305 of the education law is amended by adding a new
subdivision 42 to read as follows:
42. THE COMMISSIONER SHALL IMPLEMENT REGULATIONS DIRECTING SCHOOL
DISTRICTS TO EVALUATE STUDENTS WHO HAVE INDIVIDUALIZED EDUCATION
PROGRAMS AND WHO ALSO REQUIRE ACADEMIC INTERVENTION SERVICES, TO DETER-
MINE WHICH SERVICES, IF ANY, ARE BEING REPEATED BY BOTH THE PROGRAM AND
THE SERVICES. THE COMMISSIONER SHALL PROVIDE THAT IF A SCHOOL DISTRICT
DETERMINES THAT AN INDIVIDUALIZED EDUCATION PROGRAM AND THE ACADEMIC
INTERVENTION SERVICES REQUIRE THE SAME TASK OR SERVICE, THE SCHOOL
DISTRICT SHALL NOT BE REQUIRED TO IMPLEMENT SUCH TASK OR PROVIDE SUCH
SERVICE MORE THAN ONCE TO THE STUDENT.
S 3. Subdivision 2 of section 3004-b of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
2. Fees. Notwithstanding any [other] provision of law to the contrary,
the commissioner is authorized to charge additional fees to applicants
for teaching or administrative licenses or certificates in an amount
equal to the fees established pursuant to law by the division of crimi-
nal justice services and the federal bureau of investigation for the
searches mandated by this section. FEES PAYABLE PURSUANT TO THIS SECTION
SHALL BE PAID IN ACCORDANCE WITH REGULATIONS AS PROMULGATED BY THE
COMMISSIONER, AND PAYMENT OF SUCH FEES SHALL NOT BE SUBJECT TO THE
PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT.
S 4. Section 3004 of the education law is amended by adding a new
subdivision 7 to read as follows:
7. PROFESSIONAL DEVELOPMENT PLANS REQUIRED TO BE ADOPTED BY SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND IN THE
CITY OF NEW YORK EACH COMMUNITY SCHOOL DISTRICT, HIGH SCHOOL DIVISION,
SPECIAL EDUCATION DIVISION AND THE CHANCELLOR'S DISTRICT, SHALL BE
ADOPTED EVERY THREE YEARS AND SHALL BE REVIEWED ANNUALLY AND AMENDED AS
NEEDED. THE COMMISSIONER SHALL REQUIRE CERTIFICATION, EVERY THREE YEARS,
IN A FORM AS PRESCRIBED BY THE COMMISSIONER, THAT:
A. A PROFESSIONAL DEVELOPMENT PLAN IS IN PLACE FOR THE SUCCEEDING
SCHOOL YEAR; AND
B. THE REQUIREMENTS OF THE PROFESSIONAL DEVELOPMENT PLAN APPLICABLE TO
THE CURRENT SCHOOL YEAR HAVE BEEN COMPLIED WITH.
S 5. Subdivision 6 of section 3033 of the education law, as amended by
chapter 886 of the laws of 1986, is amended to read as follows:
6. Each board of education and board of cooperative educational
services which participates in the program shall file a report with the
commissioner on or before August first [of each] EVERY THIRD school year
concerning compliance with the requirements of the program during EACH
OF the preceding THREE school [year] YEARS. Such report shall be in
such form and in such manner as the commissioner may require. [The
commissioner shall evaluate such programs and file a report with the
legislature on or before December first, nineteen hundred eighty-seven.]
S 6. Subdivision 1 of section 409-d of the education law, as added by
section 1 of part B of chapter 56 of the laws of 1998, is amended to
read as follows:
1. Program establishment. The commissioner is authorized and directed
to establish, develop and monitor a comprehensive public school building
safety program which shall include a uniform inspection, safety rating
and monitoring system. Such program shall require ONCE EVERY THREE YEARS
the [annual] inspection of all public school buildings throughout New
A. 4807 3
York state; establish a safety rating system for such school buildings
to assess the need for maintenance, repairs, rehabilitation, recon-
struction, construction and other improvements related to the structural
integrity and overall safety of public school buildings including but
not limited to building systems related to electrical, plumbing, heat-
ing, ventilation, and air conditioning, sanitation and health, fire and
accident protection; and require that such ratings be used for the
purpose of developing a buildings condition survey as required pursuant
to subdivision four of section thirty-six hundred forty-one of this
chapter and a five year facilities plan as required pursuant to clause
(i) of subparagraph two of paragraph b of subdivision six of section
thirty-six hundred two of this chapter.
S 7. Subdivision 3 of section 409-e of the education law, as added by
section 1 of part B of chapter 56 of the laws of 1998, is amended to
read as follows:
3. Safety rating system. The commissioner shall develop pursuant to
regulations a safety rating system to be used by all school districts
and boards of cooperative educational services keyed to the structural
integrity and overall safety of the building and shall be developed
using data obtained from the building's [annual] inspection as required
by this article. Such safety rating system shall identify and assess the
condition of every major system component of every school building
including interior structures; building systems such as heating, venti-
lation, plumbing and electrical systems; exterior structures including
but not limited to roofs, masonry, stairs, and chimneys; and develop a
system which rates each building component based on at least the follow-
ing factors: overall safety; structural integrity; probable useful life;
need for repair or replacement; and maintenance. Such safety rating
shall include mechanisms which facilitate more frequent inspections and
repairs as determined necessary to protect the welfare and safety of
students and staff residing in such school buildings. This information
shall be used for purposes of developing a buildings condition survey as
required pursuant to section thirty-six hundred forty-one of this chap-
ter [and a five year facilities plan as required pursuant to clause (i)
of subparagraph two of paragraph (b) of subdivision six of section thir-
ty-six hundred two of this chapter].
S 8. Paragraph b of subdivision 4 of section 3641 of the education
law, as amended by section 27 of part A1 of chapter 58 of the laws of
2006, is amended to read as follows:
b. Building condition surveys. To be eligible for aid pursuant to
subdivision six-e of section thirty-six hundred two of this article,
building condition surveys shall be conducted by a licensed architect or
licensed professional engineer performing under a state contract entered
into pursuant to paragraph c of this subdivision AND PAID FOR BY THE
DEPARTMENT, shall assess the condition of all major building systems of
a school building, and shall be in the form and contain the information
prescribed by the commissioner. SUCH BUILDING CONDITION SURVEYS SHALL BE
CONDUCTED ONCE EVERY SIX YEARS. For purposes of this paragraph, "major
building systems" shall mean the electrical, plumbing, heating, venti-
lation and air conditioning systems, and the roof and other major struc-
tural elements of a school building.
S 9. This act shall take effect immediately provided, however, that
sections six, seven, and eight of this act shall take effect on the
first of July next succeeding the date on which it shall have become a
law.