senate Bill S1580A

2011-2012 Legislative Session

Relates to the expenditure of pre-kindergarten program grant funds

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 13, 2012 print number 1580a
amend and recommit to education
Jan 04, 2012 referred to education
Jan 10, 2011 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S1580 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3602-e, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S6777

S1580 - Bill Texts

view summary

Relates to the expenditure of prekindergarten program grant funds.

view sponsor memo
BILL NUMBER:S1580

TITLE OF BILL:
An act
to amend the insurance law, the
public health law and the social services law, in
relation to requiring coverage
for the purchase of medically necessary
hearing aids for children under the age of sixteen years

PURPOSE:
"Isabella's Law" requires all insurance policies and medical
assistance to provide coverage fox medically necessary hearing aids
for children under 16 years of age.

SUMMARY OF PROVISIONS:

Section 1. This Act shall be known and may be cited as "Isabella's law".

Subsection (1) of section 3216 of the insurance law is amended by
adding a new paragraph 30 Every health insurance policy issued or
delivered in this state shall provide coverage for medically
necessary hearing aids purchased from a hearing aid dispenser
registered under article 37A of the general business law or an
audiologist licensed under article 159 of the education law for an
insured person who is less than 16 years of age, such insured person
shall be entitled to reimbursement of up to $1,000 for each hearing
aid every 2 years for expenses related to the purchase of up to 2
hearing aids. When it is demonstrated that (1) the insured child's
hearing has changed significantly within a 2-year period and (2) the
existing hearing aid will no longer correct the child's hearing loss,
such insured person shall be entitled to reimbursement for additional
hearing aid expenses. (ii) the insured personal shall be entitled to
spend more than $1,000 on each hearing aid, but shall only be allowed
reimbursement up to the amount provided in clause (i) of this
subparagraph. 28 (B) (i) For the purpose of this paragraph "hearing
aid" shall mean any wearable instrument or devices designed for
hearing and any parts, attachments or accessories but
excluding batteries and cords or accessories thereto. (ii) For the
purpose of this section, services for recasing, reshelling and
acquiring new molds shall be included as part of the policies. (C)
Coverage provided pursuant to this paragraph shall not be subject to
deductibles, coinsurance or co-payments.

Section 3221 of the insurance law is amended by adding a new
subsection (s) (I) (A), (B), (2A), (B) and (3) that reads exactly as
the new (A) (i) to Subsection (i) of section 3216 of the insurance law.

Section 4303 of the insurance law is amended by adding a new
subsection (jj) (1) (A) which reads, every contract issued or
delivered in this state by a health service corporation or hospital

service corporation shall provide coverage for hearing aids purchased
from a hearing aid
dispenser registered under article 37-A of the general business law or
an audiologist licensed under article 159 of the education law for an
insured person who is less than 16 years of age, such insured person
shall be entitled to reimbursement of up to $1,000 for each hearing
aid every 2 years for expenses related to the purchase of up to 2
hearing aids. When it is demonstrated that (i) the insured child's
hearing has changed significantly within a 2-year period and (ii) the
existing hearing aid will no longer correct the child's hearing loss,
such insured person shall be entitled to reimbursement for additional
hearing aid expenses. (B) the insured person shall be entitled to
spend more than $1,000 on each hearing aid, but shall only be allowed
reimbursement up to the amount provided in subparagraph (A) of this
paragraph. (2) (A), For the purpose of this paragraph "hearing aid"
shall mean any wearable instrument or devices designed for hearing
and any parts, attachments or accessories but excluding batteries and
cords or accessories thereto. (B) For the purpose of this section,
services for recasing, reshelling and acquiring new molds shall be
included as part of the Policies. (3) Coverage provided pursuant to
this paragraph shall
not be subject to deductibles, coinsurance or co-payments.

Subdivision 6 of section 2511 of the public health law is amended by
adding a new paragraph (c-1), standards requiring coverage fox
medically necessary hearing aids in accordance with subsection (s) of
section 3221 of the insurance law.

Section 5, Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (aa), the purchase of medically
necessary hearing aids from a hearing aid dispenser registered under
article 37-A of the general business law or an audiologist licensed
under article 159 of the education law for any child who is less than
16 years of age. Such assistance shall be limited to $1,000 for each
hearing aid every 2 years for up to 2 hearing aids.

JUSTIFICATION:
Isabella Fager is a 6-year-old little girl from New York with a severe
hearing impairment and currently her parents are forced to pay for
her hearing aids out of their own pockets. In the event that
Isabella's parents and other parents in their position could not
afford the thousands of dollars needed to purchase hearing aids
Isabella may have never had the chance to learn how to speak or be
able to hear her morn and dad tell her that they love her. This bill
is especially important because children out-grow hearing aids
frequently and in cases of children with progressive hearing loss,
they will require stronger hearing aids as time goes on, making
replacement hearing aids necessary and costly to the parents.

The state of New Jersey passed a similar measure in 2005.

LEGISLATIVE HISTORY:
2011-12: S.3379 - Referred to Insurance

FISCAL IMPLICATIONS: Unknown.

EFFECTIVE DATE:
This act shall take effect July 1, 2016 and sections one, two and
three of this act shall apply to all policies issued, modified or
renewed on and after such date.

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

                                  1580

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sens.  OPPENHEIMER, ADAMS, ADDABBO, KRUEGER, MONTGOMERY,
  PARKER -- read twice and ordered  printed,  and  when  printed  to  be
  committed to the Committee on Education

AN  ACT  to  amend  the education law, in relation to the expenditure of
  pre-kindergarten program grant funds

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

  Section  1.  Subdivision  10 of section 3602-e of the education law is
amended by adding a new paragraph d to read as follows:
  D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY  IN  THE
EVENT  A SCHOOL DISTRICT WHICH IS ELIGIBLE TO RECEIVE A GRANT UNDER THIS
SECTION IS UNABLE TO EXPAND PRE-KINDERGARTEN PROGRAMS AS  DETERMINED  BY
THE  COMMISSIONER  THEN  SUCH DISTRICT SHALL BE PERMITTED TO UTILIZE THE
EQUIVALENT  OF  SUCH  UNUSED  PRE-KINDERGARTEN  GRANT  FUNDS  FOR  LOCAL
PRE-KINDERGARTEN  INITIATIVES, FULL-DAY PRE-KINDERGARTEN PROGRAMS AND/OR
TRANSPORTATION SERVICES FOR PRE-KINDERGARTEN PUPILS AS APPROVED  BY  THE
COMMISSIONER,  PROVIDED,  HOWEVER, THAT SUCH EXCESS MAY NOT BE GENERATED
THROUGH A REDUCTION  IN  PRE-KINDERGARTEN  STUDENTS  SERVED  FROM  THOSE
SERVED IN THE BASE YEAR.
  S 2. Subdivision 11 of section 3602-e of the education law, as amended
by section 19 of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  11. Notwithstanding the provisions of subdivision ten of this section,
where  the  district  serves fewer children during the current year than
PROVIDED FOR BY THE GRANT in the base year, the  school  district  shall
have  its  apportionment reduced in an amount proportional to such defi-
ciency in the current year or in the succeeding school year,  as  deter-
mined  by  the  commissioner,  except  such reduction shall not apply to
school districts which have fully implemented a universal pre-kindergar-
ten program by making such program available to all  eligible  children.
SUCH  REDUCTION  SHALL  NOT APPLY TO DISTRICTS THAT REDUCE THE NUMBER OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05310-01-1

S. 1580                             2

AVAILABLE PRE-KINDERGARTEN STUDENTS  SERVED  SO  LONG  AS  THE  DISTRICT
CONTINUES TO SERVE THE NUMBER OF CHILDREN PROVIDED FOR IN THE BASE YEAR.
Expenses  incurred  by the school district in implementing a pre-kinder-
garten  program  plan pursuant to this subdivision shall be deemed ordi-
nary contingent expenses.
  S 3. This act shall take effect July 1, 2012.

Co-Sponsors

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S1580A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3602-e, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S6777

S1580A (ACTIVE) - Bill Texts

view summary

Relates to the expenditure of prekindergarten program grant funds.

view sponsor memo
BILL NUMBER:S1580A

TITLE OF BILL:

An act
to amend the education law, in relation to the expenditure of
pre-kindergarten program grant funds

PURPOSE:

The Universal Prekindergarten Program (UPK) is a State-funded program
that provides educationally-based high-quality prekindergarten to
four year old children. UPK programs operate for a minimum of 2 1/2
hours per day for five days a week during the school year. This
legislation would provide school districts with greater flexibility
in the use of their unexpended UPK grants to maximize the number of
children who are served.

SUMMARY OF PROVISIONS:

Section 1 would permit a school district which is eligible to receive
a UPK grant but unable to fill all of their funded slots the ability
to utilize unexpended grant money to create full-day slots, and
support the cost of transporting pre-k students.

Section 2 would revise a Maintenance of Effort (MOE) requirement that
penalizes school districts that provide supplemental funding to serve
more students than their UPK grant permits by reducing state aid if
they serve fewer students in a subsequent year.

JUSTIFICATION:

Early education programs provide a strong foundation for at-risk
children. Research has shown that children who are enrolled in high
quality pre-kindergarten programs are less likely to require special
education services, repeat grades or drop out of school. However,
full implementation of UPK has not been realized.

Approximately 220 school districts in the state have yet to implement
UPK due primarily to restrictions in how the funding is used.
Information reported to the state Education Department has indicated
that uncertainty about funding; insufficient per-pupil allocations;
parental desire for full-day programs; and the lack of transportation
for pre-k program are all barriers to full enrollment. The City of
New York was unable to use over $25 million in UPK funding in the
2008-2009 SFY, due to these restrictions. This legislation would
allow school districts to more fully utilize their UPK grant and
remove disincentives for
districts to serve additional students when economically possible.

LEGISLATIVE HISTORY:

S.6777 of 2009-10 - Passed Senate

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

July 1, 2013

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

                                 1580--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sens.  OPPENHEIMER, ADAMS, ADDABBO, KRUEGER, MONTGOMERY,
  PARKER -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to the Committee on Education -- recommitted to the Commit-
  tee 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  the  expenditure  of
  pre-kindergarten program grant funds

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

  Section 1. Subdivision 10 of section 3602-e of the  education  law  is
amended by adding a new paragraph d to read as follows:
  D.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY IN THE
EVENT A SCHOOL DISTRICT WHICH IS ELIGIBLE TO RECEIVE A GRANT UNDER  THIS
SECTION  IS  UNABLE TO EXPAND PRE-KINDERGARTEN PROGRAMS AS DETERMINED BY
THE COMMISSIONER THEN SUCH DISTRICT SHALL BE PERMITTED  TO  UTILIZE  THE
EQUIVALENT  OF  SUCH  UNUSED  PRE-KINDERGARTEN  GRANT  FUNDS  FOR  LOCAL
PRE-KINDERGARTEN INITIATIVES, FULL-DAY PRE-KINDERGARTEN PROGRAMS  AND/OR
TRANSPORTATION  SERVICES  FOR PRE-KINDERGARTEN PUPILS AS APPROVED BY THE
COMMISSIONER, PROVIDED, HOWEVER, THAT SUCH EXCESS MAY NOT  BE  GENERATED
THROUGH  A  REDUCTION  IN  PRE-KINDERGARTEN  STUDENTS  SERVED FROM THOSE
SERVED IN THE BASE YEAR.
  S 2. Subdivision 11 of section 3602-e of the education law, as amended
by section 19 of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  11. Notwithstanding the provisions of subdivision ten of this section,
where the district serves fewer children during the  current  year  than
PROVIDED  FOR  BY  THE GRANT in the base year, the school district shall
have its apportionment reduced in an amount proportional to  such  defi-
ciency  in  the current year or in the succeeding school year, as deter-
mined by the commissioner, except such  reduction  shall  not  apply  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05310-02-2

S. 1580--A                          2

school districts which have fully implemented a universal pre-kindergar-
ten  program  by making such program available to all eligible children.
SUCH REDUCTION SHALL NOT APPLY TO DISTRICTS THAT REDUCE  THE  NUMBER  OF
AVAILABLE  PRE-KINDERGARTEN  STUDENTS  SERVED  SO  LONG  AS THE DISTRICT
CONTINUES TO SERVE THE NUMBER OF CHILDREN PROVIDED FOR IN THE BASE YEAR.
Expenses incurred by the school district in implementing  a  pre-kinder-
garten  program  plan pursuant to this subdivision shall be deemed ordi-
nary contingent expenses.
  S 3. This act shall take effect July 1, 2013.

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