| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 04, 2012 |
referred to education |
| Jun 17, 2011 |
referred to rules |
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Senate Bill S5816
2011-2012 Legislative Session
Relates to mandate relief for school districts and certain other educational entities; repealer
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Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Education Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S5816 (ACTIVE) - Details
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Rpld §1950 sub 17; §3641 sub 4 ¶ d, §810 subs 2 & 3, amd Ed L, generally; amd §103, Gen Muni L; amd §6-0107, En Con L; amd §375, V & T L; rpld §353 sub 15, Exec L
2011-S5816 (ACTIVE) - Summary
Relates to mandate relief for school districts and certain other educational entities; repeals subdivision 17 of section 1950 of the education law, relating to board of cooperative educational services special education space plans; repeals paragraph d of subdivision 4 of section 3641 of the education law, relating to reports on the status of asbestos containing building materials; repeals subdivisions 2 and 3 of section 810 of the education law, relating to conservation day and repeals subdivision 15 of section 353 of the executive law, relating to reports on certain children of Vietnam veterans.
2011-S5816 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5816
TITLE OF BILL:
An act
to amend the education law, the general municipal law, the environmental
conservation law and the vehicle and traffic law, in relation to mandate
relief for school districts and certain other educational entities; to
repeal subdivision 17 of section 1950 of the education law, relating to
board of cooperative educational services special education space plans;
to repeal paragraph d of subdivision 4 of section 3641 of the education
law, relating to reports on the status of asbestos containing building
materials; to repeal subdivision 15 of section 353 of the executive
law, relating to reports on certain children of Vietnam veterans;
and to repeal
subdivisions 2 and 3 of section 810 of the education law,
relating to conservation day
PURPOSE OF THE BILL:
The purpose of this bill is to provide mandate relief and flexibility
options for school districts, boards of cooperative educational
services and other educational entities without adversely impacting
the health and safety of students or staff or the delivery of
appropriate instructional services to students.
SUMMARY OF THE PROVISIONS OF THE BILL: Section 1 of the bill would amend subdivision 35 of § 1604 of the Education Law to provide that a common school district may adopt, in its discretion, a resolution establishing the office of deputy claims auditor to act as claims auditor in the absence of the claims auditor. Education Law § 1604(35), as amended, would provide that when the trustees of such school district delegate the claims audit function using an inter-municipal cooperative agreement, shared services, as authorized by §1950 of the Education Law, or an independent contractor, the trustees would be responsible for auditing all claims for services from the entity providing such delegated claims auditor, either directly or through a delegation to a different independent entity. Section 2 of the bill would similarly amend subdivision 20-a of § 1709 of the Education Law to provide that a union free school district may adopt, in its discretion, a resolution establishing the office of deputy claims auditor to act as claims auditor in the absence of the claims auditor. Education Law § 1709, as amended, would provide that when the board delegates the claims audit function using an inter-municipal cooperative agreement, shared services, as authorized by § 1950 of the Education Law, or an independent contractor, the board would be responsible for auditing all claims for services from the entity providing such delegated claims auditor, either directly or through a delegation to a different independent entity. Section 3 of the bill would amend paragraph e of subdivision 2 of 1711 of the Education Law to include deputy claims auditors in the list of persons over which the superintendent of schools of a union free school district has supervision and direction. Section 4 of the bill would amend subdivision 1 of § 1724 of the Education Law to permit union free school districts with a population over 10,000 students to use a risk-based sampling methodology to determine the number of claims to be audited rather than auditing all claims. Section 5 of the bill would amend subdivision 4 of § 1950 of the Education Law by adding a new paragraph oo to clarify that BOCES may contract with one or more school districts for the purchase of equipment used for telecommunications, and may do so through an aidable shared service upon request of two or more component school districts. Section 6 of the bill would amend paragraph q of subdivision 4 of 1950 of the Education Law to clarify that BOCES have the authority to coordinate nonpublic school transportation for school districts. Section 7 of this legislation would repeal subdivision 17 of section 1950 of the Education Law to provide mandate relief to school districts by eliminating the requirement for five-year BOCES special education space requirements plans. Section 8 of this legislation would amend subdivision 2 of section 2116-b of the Education Law to authorize school districts with actual general fund expenditures totaling less than eight million dollars in the previous school year, or school districts with actual enrollment of less than 500 students in the prior year to forego an internal audit function. Section 9 would amend §2215 of the Education Law to replace the BOCES special education space plan requirement with a general provision placing responsibility with the District Superintendents of Schools for determining the adequacy and appropriateness of the facilities space available to house special education programs within the geographic area served by the BOCES consistent with the least restrictive environment requirement and ensuring the stability and continuity of program placements for students with disabilities, including procedures that ensure that special education programs and services located in appropriate facilities will not be relocated without adequate consideration of the needs of participating students with disabilities. Section 10 of the bill would amend subdivision 5 of §2503 of the Education Law to include deputy claims auditors in the list of positions over which the board of education of a small city school district has authority to create, abolish, and to till by appointment. Section 11 of the bill would amend subdivision 5 of section §2508 of the Education Law to include deputy claims auditors in the list of persons over which the superintendent of schools of a small city school district has supervision and direction. Section 12 of the bill would amend subdivision 2 of §2523 of the Education Law to provide that if a small city school district has established the office of deputy claims auditor, the deputy claims auditor may in the absence of the claims auditor approve the disbursement of money by the treasurer of such city school district. Section 2503(2), as amended, would provide that where such district has appointed a claims auditor and deputy claims auditor, no money would be paid out by the treasurer of such school district except upon the warrant of the claims auditor or deputy claims auditor. Section 13 of the bill would amend subdivision 1 of §2524 of the Education Law to provide that a small city school district may present an itemized voucher for a claim to the deputy claims auditor, in addition to the claims auditor, for the deputy claims auditor's audit and allowance of such claim. Section 14 of the bill would amend §2525 of the Education Law to provide that the deputy claims auditor, in the absence of the claims auditor, may consider a disputed claim, which may include taking testimony from the claimant relative to the justness and accuracy of such claim and taking evidence related to such claim, and may endorse such claim. Section 15 would amend §2526 of the Education Law to provide that a small city school district may adopt, in its discretion, a resolution establishing the office of deputy claims auditor to act as claims auditor in the absence of the claims auditor. Education Law §2526, as amended, would provide that when the board of education of such school district delegates the claims audit function using an inter-municipal cooperative agreement, shared services, as authorized by § 1950 of the Education Law, or an independent contractor, the board of education would be responsible for auditing all claims for services from the entity providing such delegated claims auditor, either directly or through a delegation to a different independent entity. Section 16 of the bill would amend §2527 of the Education Law to require a deputy claims auditor appointed to such position in a small city school district to execute an official undertaking prior to taking office, just as the claims auditor is currently required. Section 17 of the bill would amend subdivision 2-a of §2554 of the Education Law to provide that a large city school district (a school district in a city with a population of 125,000 or more) may adopt, in its discretion, a resolution establishing one or more offices of deputy claims auditor to act as claims auditor in the absence of the claims auditor. Education Law §2554(2-a), as amended, would provide that when the board of education of such city school district delegates the claims audit function using an inter-municipal cooperative agreement, shared services, as authorized by § 1950 of the Education Law, or an independent contractor, the board of education would be responsible for auditing all claims for services from the entity providing such delegated claims auditor, either directly or through a delegation to a different independent entity. Section 18 of the bill would amend subdivision 2 of §2562 of the Education Law to provide that a person may present a claim for settlement on an account or claim against the board of education of a large city school district to the deputy claims auditor in the absence of the claims auditor. Accordingly, §2562(2), as amended, would authorize the deputy claims auditor, in the absence of the claims auditor, to take testimony and evidence in considering such a claim. Section 19 of the bill would amend subdivision 6 of §2566 of the Education Law to include deputy claims auditors in the list of persons over which the superintendent of schools of a large city school district has supervision and direction. Section 20 of the bill would amend paragraph a of subdivision 1 of §2576 of the Education Law, which relates to annual estimates in the Big Four large city school districts, to include deputy claims auditors' salaries in the salaries of school personnel included in such estimates. Section 21 of the bill would amend subdivision 2 of §2580 of the Education Law to authorize the deputy claims auditor of a large city school district to sign an order authorizing the disbursement of money by the treasurer of such school district in the absence of the claims auditor. Section 22 of the bill would amend §2580 of the Education Law by adding a new subdivision 3-b to authorize the Department of Motor Vehicles (DMV) to forward a copy of a prospective employee's criminal history record and fingerprints to the commissioner for purposes of conducting a criminal history record check where such prospective employee was previously fingerprinted and had a criminal history record check conducted by DMV as a school bus driver or school bud attendant. The bill would also to provide the Division of Criminal Justice Services with the authority to provide subsequent criminal history notification on such a prospective employee directly to the commissioner. Sections 23 and 24 of the bill would amend §§3241 and 3242 of the Education Law to require that the annual census for pre-kindergarten children be prepared and filed biennially and clarifies that such census shall be prepared annually for children between age five and eighteen who are entitled to attend the public schools. Section 25 of the bill would amend §3602 (6)(e)(3)(b) to provide that an assumed amortization for a project approved by the commissioner on or after July 1, 2011 would commence on the later of either: 18 months after approval by the Commissioner or upon receipt by the Commissioner of both the certificate of substantial completion and final cost report for such project or upon a finding by the Commissioner that the certificate of substantial completion of the project has been issued but the district is unable to complete the final cost report due to circumstances beyond the control of the district. Section 26 would make a series of amendments to §3602-c of the Education Law, relating to the provision of special education programs and services to students parentally placed in non-public schools through dual enrollment in the public schools. The definition of "services" in paragraph a of subdivision 1 of §3602-c would be amended to provide for special education services in July and August for parentally placed students with disabilities enrolled in nonpublic schools, other than an approved private residential or non-residential school for the education of students with a disability, through school districts of location pursuant to §3602-c and § 4408 of the Education Law relating to July and August services. A new paragraph e would be added to prescribe the conditions under which special education services would be available. As with public school students, a nonpublic school student whose disability is severe enough to exhibit the need for a structured learning environment of twelve months duration to maintain developmental levels shall be eligible to receive special education programs and services in July and August. However, this bill would specify that a nonpublic school student shall not be entitled pursuant to section 3602-c to placement in a special class or integrated co-teaching services, as such terms are defined in the regulations of the Commissioner, in July and August. The bill would also provide that the school district of location shall be eligible for state aid for such services exclusively pursuant to § 4408 of the Education Law. Paragraph a of subdivision 2 would be amended to require parents to tile a request for services with the district of location on or before the first of April of the preceding school year where the child has previously had an individualized educational service program developed and implemented or by June first of the preceding school year for those students first receiving special education services in the following school year or for whom an individualized educational service program is first developed and implemented on or after April first and on or before June first. The bill would also clarify that if a student is first identified as a student with a disability after June 1, the parent will have thirty days from the development of the individualized education services program to tile a request for services with the district of location. Subparagraph (1) of paragraph b of subdivision 2 of § 3602-c is amended to specify that a student has no entitlement under § 3602-c to placement in a special class or integrated co-teaching services, as such terms are defined in the regulations of the Commissioner, by the school district of location for all or part of the school day. Finally, subparagraph (1) of paragraph b of subdivision 2 is also amended by section four to make mediation mandatory when due process complaints are brought to enforce rights created under State law under §3602-c. For due process complaints presented on or after 9/1/09, this bill would require that the matter be submitted to mediation and that at least one mediation session be held prior to making a request for an impartial hearing. Section 27 would amend §3602-c(7) of the Education Law relating to the chargeback of costs by school districts of location to school districts of residence. The bill would require the Commissioner of Education to establish regional rate methodologies for use by school districts in computing regional rates for the following three categories: costs of services, evaluations and special education administration. School districts of location would be able to elect to use these rate methodologies to compute regional rates for billing for all nonresident students receiving services under §3602-c(2) or could choose to compute actual costs on an individual student basis for all qualified nonresident students. The school district of location would have the flexibility to use the regional rates for one or more of the categories of costs and not for the other categories. Further, this section would establish a statute of limitations on claims for reimbursement, by requiring a school district of location to submit such claim to the school district of residence within one year from the end of the school year in which the costs were incurred or within 60 days of the effective date of this section, whichever is later. In addition, section 27 would make a technical correction to delete language inadvertently added to paragraph c of subdivision 7 of 3602-c that suggests that a chargeback may be made for due process costs, when a charge back for due process costs is not authorized by paragraph b of subdivision 7. Section 28 would amend §3635 of the Education Law to permit boards of education to provide student transportation based upon patterns of actual ridership and requires districts that have elected to provide student transportation in such a manner to place their plans on a district website on or before August fifteenth of the school year in which the transportation plan will be implemented. Section 29 would repeal §3641 (4)(d) of the Education Law to eliminate state requirements for reporting beyond the federal requirements of the Asbestos Hazard Emergency Response Act. Section 30 would amend § 4402(1)(b) (5) and (7) of the Education Law to provide at the first annual review of a student with a disability placed in a residential program, after the student has attained the age of 18, to develop adult service recommendations. Upon consent of the student's parents or the student themselves if over the age of 18, the committee on special education or the multidisciplinary team shall invite representatives from the Office of Mental Hygiene, Office of Mental Retardation and Developmental Disabilities, the State Office of Children and Family Services or the State Education Department to participate in such recommendations and upon consented release of the student's information, refer the student to the appropriate public agency for services. Section 31 would amend §4402(2)(a) of the Education Law to remove the requirement that school districts obtain the written consent of the parent prior to the initial placement of the student in a July/August program recommended by the Committee on Special Education. Section 32 would amend §4402(4)(d) of the Education Law to provide that where the board of education of a student's school district of residence provides transportation up to a distance of fifty miles to and from a nonpublic school which a student identified with a disability attends for the purpose of receiving services or programs from the nonpublic school which are similar to special education programs and services recommended for the student by the district of residence, the student would not be entitled to special education programs and services from the school district of location pursuant to § 3602-c of the Education Law. As a condition of eligibility for such transportation, the parent or person in parental relation to the student would be required to consent to the provision of notice by the school district of residence to the chairperson of the committee on special education of the school district in which the nonpublic school is located. Such notice must be provided by the district of residence no later than thirty days after commencing transportation services. Section 33 would amend § 4404(1)(a) of the Education Law to create an exception to the two year statute of limitations for due process for tuition reimbursement claims for unilateral parental placements. The bill would require that a complaint seeking tuition reimbursement for the unilateral parental placement of a student in a private school be presented not more than one hundred and eighty days from the unilateral placement by the parent or person in parental relation in the private school. Section 34 would amend § 305(14)(a) of the Education Law and section 37 would amend § 103(2) of the General Municipal Law to provide districts with the option of publishing procurement notices in the state's procurement opportunities newsletter (commonly known as the "contract reporter"), which would provide access to a greater audience leading to greater interest and ultimately better pricing for districts. Additionally, sections 34 and 35, which would amend §§ 305(14(a) and (e) of the Education Law respectively and section 36 would amend §103 of the General Municipal Law allow for school district contracts to be awarded by "best value" which would permit districts to consider other factors in awarding contracts rather than the bid price alone. Section 38 would amend §6-0107 of the Environmental Conservation Law to clarify that projects for the reconstruction, renovation, repair or improvement of existing public school facilities. or existing library facilities, and projects for the construction of new or expanded public schools or library facilities in large city school districts are not within the definition of a public infrastructure project. Section 39 would amend §375(20)(1)(b), (c) and (d) of the Vehicle and Traffic Law to eliminate the requirement for a back-lit School Bus sign and replaces such with federally compliant reflective materials consistent with the provisions currently in place in 48 of the 50 states. Section 40 would repeal §353(15) of the Executive Law to eliminate the reporting to the Division of Veterans Affairs of children of veterans of the armed forces who served in Vietnam during the Vietnam conflict who are students with disabilities. Section 41 would require the Commissioner, in consultation with the Office of the State Comptroller to conduct a study of the feasibility and desirability of authorizing school districts and boards of cooperative educational services to enter national credit card contracts as a cost saving measure, with appropriate safeguards. This section would require the commissioner to submit a report to the Board of Regents, the Governor and the Legislature with recommendations on whether and under what conditions such credit card contracts should be authorized. Section 42 would repeal subdivisions 2 and 3 of §810 of the Education Law relating to required instruction on Conservation Day. Section 43 is the effective date. STATEMENT IN SUPPORT OF THE BILL: This bill would enact a series of measures to provide mandate relief and flexibility to school districts and other educational entities, including boards of cooperative educational services, libraries and charter schools, to help them contain costs. With both the State and school districts facing a worsening revenue picture and dealing with budget cuts, it is critically important that mandate relief be provided so that the limited resources available may be used more efficiently to carry out the critical functions of our schools-to provide high-quality instructional programs for the children of our State. This bill would eliminate or reduce certain mandates and provide greater flexibility relating to curriculum, transportation, educational management services and special education. The bill would eliminate the detailed curriculum requirements relating to Conservation Day. Instruction relating to environmental issues and Earth Day should be embedded in the existing curriculum and there is no need for the specific instructional requirements relating to Conservation Day. With respect to transportation, the bill seeks to promote efficiency in school district transportation, by providing greater flexibility in how transportation services are provided. Specifically, many school districts believe that they are required to provide under existing law many more seats on bus transportation than are actually needed as evidenced by student ridership. This bill would explicitly authorize transportation based upon a district's actual ridership. In addition, this bill would clarify that BOCES are authorized to transport pupils to nonpublic schools, providing for cost effective practices and coordination of services by reducing employee and equipment costs. Additionally, the bill promotes efficiency in both information sharing and processing of fingerprinting for school bus drivers by authorizing the Department of Motor Vehicles to forward a prospective employee's criminal history record and fingerprints to the department for processing. Finally, the bill would eliminate the requirement for back-lit school bus signs, which are not required under Federal law and regulations, and would allow their replacement them with federally-compliant reflective materials. The bill would also enact a series of mandate relief measures relating to educational management services and general school district operations. The bill would provide that the annual census for pre-kindergarten children be prepared and tiled biennially rather than annually as this task is performed for the purpose of determining enrollment projections rather than determining actual enrollment and has no effect on the district's ultimate funding. Additionally, the bill would authorize union tree school districts with a population over 10,000 students to use a risk-based sampling methodology to determine the number of claims to be audited, which would provide for a fiscally sound auditing process while eliminating the unnecessary burden to audit all claims regardless of the size of the district. Additionally, school districts with actual general fund expenditures totaling less than eight million dollars in the previous school year, or school districts with actual enrollment of less than five hundred students in the previous school year would be excused from internal audit functions. The bill would also clarity that BOCES are authorized to contract for the purchase of telecommunications equipment on behalf of one or more districts, and that such cooperative purchasing is an aidable shared service if two or more component districts request it. Unnecessary reporting would be eliminated by this bill including reports in excess of the federal Asbestos Hazard Emergency Response Act (AHERA) and the voluntary reporting of children of Vietnam Veterans. Specifically, AHERA is enforced and monitored by the EPA and requires all public and non-public elementary schools to develop and implement measures to determine if asbestos identified as a hazardous material is present and to manage and monitor it safely over time. The state capital planning process currently in effect provides safeguards for testing for asbestos and other hazardous materials, requires that districts hire professional consultants to conduct the process and that all work be carried out in accordance with all applicable laws. In addition, the State Smart Growth Public Infrastructure Policy Act, would be amended to reduce unnecessary work for the Department, school districts, libraries and charter schools, while complying with the spirit of the legislative intent. SED provides funding, directly or indirectly, for capital construction projects for school districts, BOCES, public libraries and charter schools across the State and approves the plans and specifications for school district and charter school projects outside of New York City, for BOCES projects and for school district public library projects. Over 95 percent of school building projects approved by SED involve reconstruction, rehabilitation or improvement of existing facilities, and the percentage of public libraries receiving library facilities aid for reconstruction or renovation of an existing library is similarly high. The primary purpose of the smart growth legislation is to deal with the problem of suburban sprawl-concerns about siting facilities outside of a municipal center without considering the viability of sites within the municipal center, where the environmental and energy impact may be diminished. Requiring the preparation of a written small growth impact statement for a project involving, for example, roof repair to an existing school building or public library, serves no useful purpose and would generate unnecessary paperwork and costs. A reconstruction project, by its nature, meets the first of the listed smart growth criteria, since it involves improvement of an existing building. New library construction projects for public libraries other than school district public libraries, which are subject to local zoning and land use requirements in receive the bulk of their funding from municipalities, so there is a risk of unnecessarily requiring duplicative statements and of a conflict between the judgment of local code enforcement officials as to the application of smart growth principles. In addition, as written, the law does not provide an exemption for building projects in New York City that are funded by SED, or for that matter for projects in the other Big 5 large city school districts. This creates an unnecessary burden, as all such projects would be located in a municipal center, as defined by this bill, and the siting of a school building in a large city shouldn't implicate the issues of suburban sprawl and development that smart growth principles are intended to address. The bill also seeks to promote costs savings through the contracting and procurement process. Cost savings would be actualized by expanding the publishing of procurement notices to include the state's Procurement Opportunities Newsletter (often referred to as the "contract reporter"). This would ensure greater access to procurement opportunities leading to the potential for more competitive pricing for districts. The bill would also allow for school district contracts for the purchase of services to be awarded by "best value" ,under the guidelines and restrictions applicable to State contracts under the State Finance Law. Current law requires the awarding of school district contracts to the lowest, responsible bidders. This amendment would provide for complex technical and service contracts, the opportunity for districts to consider other factors in awarding contracts rather than making determinations based solely upon cost. The bill would clarify that awards under the existing RFP process for transportation contracts and contracts for mobile instructional units would be awarded based on best value, and that an RFP process using best value would be authorized for contracts for restaurant and cafeteria services. Finally, the bill authorizes the Commissioner to conduct a study of the feasibility and desirability of authorizing school districts and BOCES to enter into national credit card contracts. Current law restricts school districts from utilizing certain contracts including national contracts. It is anticipated that such contract may provide cost savings or revenues for districts particularly where rebates are offered based upon volume of purchases, but appropriate sate guards would need to be developed to prevent misuse of such authority. The bill also provides school districts with relief from the impact of late filing of final cost reports, which under current law results in a loss of state building aid for the school building project involved because of the statute of limitations on the payment of aid. Under Education Law §3604(5)(a), the Commissioner is prohibited from certifying a payment of State aid on a claim submitted more than one year after the school year in which the payment was first to be made. As applied to building aid, which may involve large construction projects with millions of dollars in expense paid out pursuant to an assumed amortization over a 30 year period, the result of a late tiling of a claim (which under the Commissioner's regulations is complete upon tiling of a final cost report containing the actual expenditures made by the district), can be draconian, with a district losing the benefit of millions of dollars of aid. To avoid such a result and its negative impact on school district taxpayers, this bill would provide that payment of building aid commence upon the later of: (1) 18 months after approval of the project by the Commissioner, or 2 the filing of both a certificate of substantial completion of the project by the architect or engineer and a final cost report. Where the district is unable to submit a timely final cost report due to circumstances beyond its control the Commissioner would be authorized to grant a waiver and allow aid to flow, provided that 18 months has passed since the Commissioner's approval. For some projects, this approach could result in a delay in the initial payment of aid in circumstances in which construction is not substantially completed within 18 months of the Commissioner's approval, but it would protect school districts from loss of building aid resulting from late filing of a final cost report and would allow the Commissioner to commence payment of building aid through a waiver in circumstances in which a district is unable to file a final cost report because of circumstances beyond its control. The bill also enacts provisions of law to give districts greater flexibility in carrying out their claims auditing function. In 2005, Chapter 263 of the Laws of 2005 amended the Education Law to provide that each school district could, in its own discretion, adopt a resolution creating the office of claims auditor and appoint a claims auditor to hold his or her position subject to the pleasure of the board of education or the trustees of such district. Such claims auditor would be required to report directly to the board of education or the trustees of such school district. Such position would be classified in the exempt class of the civil service. Chapter 263 further provided that a school district could delegate the claims audit function by using an inter-municipal cooperative agreement, shared services to the extent authorized by § 1950 of the Education Law, or independent contractors, to fulfill such function. Chapter 263 also amended other provisions of the Education law to strengthen and enhance the claims audit function within each school district and accordingly increase financial accountability in each district. This bill would afford school districts with greater flexibility in carrying out their claims audit function by authorizing each district to establish, by resolution, an office of deputy claims auditor to act as the claims auditor in the absence of the claims auditor. The bill would also address a conflict of interest problem that has arisen for school districts that elect to have boards of cooperative educational services (BOCES) or other independent entities serve as their claims auditor. A claims auditor must conduct an independent review of the claims submitted to the school district and needs to avoid situations that may involve a conflict of interest. Accordingly, where a BOCES or other independent entity is delegated authority to carry out the claims audit function, the employees of that BOCES or other independent entity should not be auditing claims under contracts between the school district and that BOCES or other independent entity. For school districts that wish to make use of BOCES to carry out their claims auditing function, as Chapter 253 of the Laws of 2005 permits, particularly districts in rural areas where there are few options for carrying out the claims auditor function through private firms, the need to avoid such a conflict of interest has created some difficult challenges. This bill would clarify that where a board of education delegates the claims auditing function to a BOCES or another independent entity, the board of education is responsible for auditing any claims for services from that BOCES or other entity, either directly or by delegating to a different independent entity. This affords school districts with flexibility in how to address the conflict of interest problem, while preserving the core principle of Chapter 253 of the 2005 that the independence of the claims auditor must be maintained so that school district tax dollars are effectively protected. The bill would also enact provisions relating to cost containment and mandate relief in special education. The first set of amendments relate to the provision of special education services to nonpublic students and home-schooled students pursuant to Education Law §3602-c. The complexities caused by shifting fiscal and programmatic responsibility for providing special education services to students parentally placed in nonpublic schools, when §3602-c was amended by Chapter 378 of the Laws of 2007, has caused confusion and ongoing disputes, there have been few issues raised with the provisions that were enacted in these three acts, and we are not proposing amendments to those provisions. Because of concerns expressed by the field with how the provisions of § 3602-c relating to services for parentally placed students with disabilities attending nonpublic schools are being implemented, the State Education Department convened a Roundtable with representatives of nonpublic schools, parents, teachers, superintendents of schools, school administrators and school board members to discuss how the changes made to §3602-c by Chapter 378 of the Laws of 2007 are working and what changes should be made based on the experience of the past two years. The amendments to section 3602-c of the Education Law proposed are an outgrowth of the discussions at the Roundtable, and are based on the recommendations of these various constituency groups. The series of changes to § 3602-c proposed in this bill are intended to assure that students with disabilities attending nonpublic schools continue to receive the special education services they need from their school district of location, while balancing the need of school districts to avoid unnecessary costs, reduce disputes over billing issues and due process complaints that go to an impartial hearing and have timely notice that they must budget and make arrangement for services to dually enrolled students with disabilities. First, this bill would amend § 3602-c to authorize the provision of services for students with disabilities in July and August by the school district of location in an individualized educational services program (IESP). Presently, the definition of "services" in Education Law §3602-c(1)(a) is limited to services provided in the regular school year. A student with a disability enrolled in a nonpublic school who needs a twelve month program must re-enroll in their school district of residence for the summer and receive July and August services through an individualized education program (IEP) developed by the Committee on Special Education (CSE) of the school district of residence. The school district of residence then contracts for such services and receives aid pursuant to Education Law § 4408. Recognizing the unnecessary burden this places on parents and the school district of residence, as well as the illogic and inefficiency of forcing the CSE of the school district of residence to develop an IEP for July and August for a parentally placed student with a disability, when another district's CSE is developing an IESP for the students, this bill would empower the school district of location to provide summer services through the student's IESP and to contract for and receive aid for such services pursuant to § 4408 of the Education Law. This bill would also amend § 3602-c relating to the existing June 1st deadline for submission of a request for services by parents of parentally placed nonpublic students. For those students who have previously received services pursuant an IESP, this bill would require that a request for services be filed by April 1st, which is the deadline for submission of requests for transportation by nonpublic school students and is better aligned with the budget cycle of the affected school districts. The June 1st deadline would be retained for students who have not previously had an IESP developed and implemented, particularly those who will be receiving special education services pursuant to an IESP for the first time in the following school year. This would assure that parents who are first placing their child in a nonpublic school have more time to decide whether to request services, while those whose parents have previously made a request for services are required to submit their request simultaneously with their transportation, to give the affected school districts time to plan and budget for the costs of services. In addition, this bill would clarify the provision that allows parents whose child is first identified as a student with a disability after June 1st to submit a request within 30 days of identification. In New York, the student would be identified when an IESP is developed, so this bill would clarify that the 30 day period runs from the development of the IESP. This bill would also add language to clarify, both for July and August services and services provided during the regular school year, that a student parentally placed in a nonpublic school has no entitlement under § 3602-c to the provision of a special class or integrated coteaching services. Section 3602-c is intended to authorize the provision of special education programs and services to supplement the regular education instruction provided by the nonpublic school. Unlike related services, resource room services, consultant teacher services and supplementary aids and services, which are designed to supplement regular education instruction, a special class or integrated co-teaching services necessarily involves a teacher providing a portion of the core regular educational program of the student. Such core instruction should be provided by the nonpublic school, and would be both costly and burdensome for the school district of location to provide. To address concerns that too many disputes under Education Law 3602-c are proceeding to due process hearings, which are costly to school districts and burdensome on both school districts and parents, this bill would make mediation mandatory prior to commencement of a due process hearing, whenever a due process complaint involves a dispute over rights under State law under § 3602-c. Where a due process complaint involves child find requirements, the federal rules would apply and mediation would continue to be optional. This bill would provide that at least one mediation session must be held prior to making a request for an impartial hearing. Prompt resolution of disputes is in the interest of the parents and the school districts and mediation can be an effective means of dispute resolution. The more disputes that are resolved by agreement through mediation, the sooner appropriate services are provided to students and lower the costs to the school district of location for due process hearings and subsequent appeals. Finally, this bill would amend §3602-c(7) of the Education to permit the Commissioner to establish regional rate methodologies for computing regional rates for the following three categories: costs of services, evaluations and special education administration. The school district of location would have the option of using the regional rate methodology for one or more categories of costs or computing actual cost on an individual student basis, but would be required to do so consistently for all nonresident nonpublic school students served in any school year. Thus, the school district of location could opt to use the regional rate methodology only for evaluations and/or CSE administration and compute the actual costs of services on an individual child basis. By providing the option of regional rates, this bill would address concerns expressed by school officials about the burden and costliness of having to compute costs on an individual basis. Over time, the State Education Department would develop methodologies for computing regional rates for various services plus evaluations ad CSE administration, and once developed, they would be available to school districts of location as a ready means of determining actual costs. If because of local conditions, a school district of location were to decide that a regional rate would not accurately reflect actual costs for one or more categories of costs, it would be free to continue to compute actual costs using its own methodology. Thus, school districts of location would have the benefit of the availability of a regional rate methodology that would reduce their administrative costs, but would not be locked into a regional rate methodology if local conditions indicate that a regional rate would not accurately reflect actual cost for one or more categories of costs. In addition, Education Law § 3602-c(7) would be amended to add a one-year statute of limitations on submission of claims for reimbursement of the costs of services, evaluations and CSE administration to the school district of residence. Districts of location would have one year from the end of the school year in which costs are incurred to bill for the costs, or 60 days from the effective date of this act, whichever is later. By establishing a reasonable time within which claims must be presented, this bill would assure that claims are processed in a timely manner and that districts of residence are not confronted by claims for multiple years that are difficult to verify because of the passage of time. The bill would also make a related amendment to Education Law 4402(4)(d), which authorizes transportation from a nonpublic school student's school district of residence for up to 50 miles, where the student attends a nonpublic school for the purpose of receiving special education services comparable to those recommended in the student's IEP. First of all, this bill would clarify that the comparable special education services must be provided by the nonpublic school and not the school district of location pursuant to § 3602-c. Beyond that, this bill would provide that a student with a disability who receives such transportation is not entitled to receive special education services pursuant to § 3602-c and that as a condition of receipt of such transportation, the parent must consent to the provision of notice by the school district of residence to the CSE chairperson of the school district of location identifying such student, by name, address and school of attendance, as a student receiving transportation pursuant to Education Law § 4402(4)(d). The school district of residence would be required to provide such notice within 30 days after commencing such transportation. These changes are proposed in response to concerns raised by school officials that some parents of nonpublic school students may seek to use Education Law § 4402(4)(d) inappropriately to receive transportation for a longer distance than would otherwise be allowable under the transportation mileage limitations approved by the voters of the school district when in fact their child is receiving comparable special education services from another school district pursuant to § 3602-c. This bill would foreclose that possibility, which isn't what was intended when § 4402(4)(d) was enacted. Section 4402(4)(d) was intended to authorize transportation to a private special education school in which the parent placed their child up to 50 miles, provided it offers comparable services. In the situation contemplated by § 4402(4)(d), the school district would bear the cost of this additional transportation, but would not be paying for the special education services provided the student by the nonpublic school. By preventing the imposition of costs for transportation under § 4402(4)(d) in addition to the cost of services under § 3602-c that would be charged back to the school district of residence, this bill would reduce costs to school districts. This bill also proposes additional changes in the law relating to special education intended to provide mandate relief and reduce costs to school districts. This bill would eliminate the requirement of a Board of Cooperative Educational Services (BOCES) special education facilities plan, which currently must be prepared every five years. Such plan involves an exhaustive review of all school districts, approved private schools and BOCES facilities in a BOCES region, as well as an analysis of the future need for space to house special education programs. In lieu of the BOCES space plan, this bill would impose a general responsibility upon the BOCES district superintendent of schools to determine the adequacy and appropriateness of the space available to house special education programs within the supervisory district of the BOCES. This would allow the district superintendents of schools to monitor the availability of facilities to serve students with disabilities in the least restrictive environment within the BOCES region, while eliminating the cost and burden upon component school districts and BOCES of preparing and periodically updating a detailed BOCES space plan. This bill would also amend § 4402(2)(a) of the Education Law to eliminate an unnecessary parental consent requirement under State law that applies to an initial recommendation for twelve month services. Under federal law, parental consent is required upon the initial provision of special education services to a student, and the federal IDEA regulations now provide for the revocation of such consent to services by the parent. Where July and August services are recommended in the student's initial IEP, parental consent to the initial provision of services would be required under federal and State law in any event. However, § 4402(2)(a) exceeds federal law by requiring parental consent specific to the initial provision of July and August services. Thus, if a school district CSE recommends twelve month services after a student has previously been identified and provided IEP services, §4402(2)(a) would require parental consent prior to the initial provision of twelve month services, when federal law would not. This additional consent is unnecessary and potentially burdensome and costly for school districts, which are required to make diligent efforts at obtaining consent, even where the parent may not be easily contacted. This is the only instance in which parental consent to a particular type of service is required-otherwise parents may pursue due process if they disagree with an IEP or may withdraw consent to the provision of special education altogether. Allowing a parent to block the provision of twelve month services to their child, when he or she has been determined to need twelve month services to prevent substantial regression is inappropriate. To protect the interests of students with disabilities who need twelve month services and to reduce the burden and costs to school districts, this unnecessary parental consent requirement should be eliminated. The bill amends § 4402(1)(b) (5) and (7) to utilize appropriate language, consistent throughout education law, and to provide for transitional programs for students with a disability placed in a residential program by their committee on special education or multidisciplinary team who have reached the age of 18. Specifically, this amendment would permit, upon the consent of the student or parents, the inclusion of a representative from the Office of Mental Hygiene, Office of Mental Retardation and Developmental Disabilities, the State Office of Children and Family Services or the State Education Department to participate in the development of adult service recommendations. This provision would provide greater information sharing among the agencies and aid in determining which agency would provide the most appropriate service for the student. The bill also would amend subdivision 1 of § 4404 of Education Law to establish a 180 day statute of limitations for due process complaints seeking tuition reimbursement for the unilateral parental placement of a student in a private school. Chapter 430 of the Laws of 2006 amended § 4404(1) to adopt a two-year statute of limitations for due process complaints generally. This bill would carve out an exception for due process complaints involving claims for tuition reimbursement for unilateral parental placements, which involve an intentional decision by a parent to enroll their child in a private special education school, rather than receive special education services from their school district of residence. In this situation, delay by the parent in bringing an impartial hearing can result in substantial costs to the school district, which could under current law be faced with defending against a claim involving two years of tuition costs before it has an opportunity to begin litigating over the merits of the parents' claim. When a claim encompasses multiple school years, the record in an impartial heating can become voluminous and the cost of defending the complaint rises. To avoid these unnecessary costs on school districts, a 180 day statute of limitations should be imposed on tuition claims for a unilateral parental placement. Where the parent knows or should know that he or she will be seeking tuition reimbursement, it is not fair to the school district or its taxpayers to allow the parent to delay presenting their claim for almost two years. BUDGETARY IMPLICATIONS OF THE BILL: The bill would result in cost savings to school districts and other educational entities from elimination of various unnecessary mandates. The amount of such savings is not known, though it is expected to be substantial if this bill is enacted in its entirety. One provision of this bill that may result in additional costs to school districts is the provision authorizing the provision of July and August services to nonpublic students through the school district of location. It should not result in significant increases in costs, however, since the school district of residence is currently required to provide July and August services to pursuant to section 4408 to those nonpublic students with disabilities who re-enroll in the school district for the summer. Any such cost should be offset by savings from other provisions of the bill. In addition, the amendments to Education Law §3602(6) (e) (3) (b) relating to final cost rep0l1s would result in a delay in receipt of State building aid for school districts that do not substantially complete their projects within 18 months of Commissioner's approval, but it would protect those districts from a loss of aid that might otherwise result from late tiling of a final cost report. PRIOR LEGISLATIVE HISTORY: None. EFFECTIVE DATE: This act would take effect July 1, 2011, provided that in the event this act becomes a law after such date, it would take effect immediately and would be deemed to have been in full force and effect on and after July 1, 2011.
2011-S5816 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5816
2011-2012 Regular Sessions
I N S E N A T E
June 17, 2011
___________
Introduced by Sen. FLANAGAN -- (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, the general municipal law, the envi-
ronmental conservation law and the vehicle and traffic law, in
relation to mandate relief for school districts and certain other
educational entities; to repeal subdivision 17 of section 1950 of the
education law, relating to board of cooperative educational services
special education space plans; to repeal paragraph d of subdivision 4
of section 3641 of the education law, relating to reports on the
status of asbestos containing building materials; to repeal subdivi-
sion 15 of section 353 of the executive law, relating to reports on
certain children of Vietnam veterans; and to repeal subdivisions 2 and
3 of section 810 of the education law, relating to conservation day
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 35 of section 1604 of the education law, as
added by chapter 263 of the laws of 2005, is amended to read as follows:
35. a. In their discretion, to adopt a resolution establishing the
office of claims auditor and appoint a claims auditor who shall hold his
or her position subject to the pleasure of such trustees. IN THEIR
DISCRETION, THE TRUSTEES MAY ADOPT A RESOLUTION ESTABLISHING THE OFFICE
OF DEPUTY CLAIMS AUDITOR WHO SHALL ACT AS CLAIMS AUDITOR IN THE ABSENCE
OF THE CLAIMS AUDITOR. Such claims auditor shall report directly to the
trustees. No person shall be eligible for appointment to the office of
claims auditor OR DEPUTY CLAIMS AUDITOR who shall also be:
(1) a trustee of the school district;
(2) the clerk or treasurer of the school district;
(3) the superintendent of schools or other official of the district
responsible for business management;
(4) the person designated as purchasing agent; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13172-01-1
S. 5816 2 (5) clerical or professional personnel directly involved in accounting and purchasing functions of the school district. b. Such claims auditor OR DEPUTY CLAIMS AUDITOR shall not be required to be a resident of the district, and the [position] POSITIONS of claims auditor AND DEPUTY CLAIMS AUDITOR shall be classified in the exempt class of the civil service. The trustees, at any time after the estab- lishment of the office of claims auditor OR DEPUTY CLAIMS AUDITOR, may adopt a resolution abolishing such office, whereupon such office shall be abolished. When the office of claims auditor shall have been estab- lished and a claims auditor shall have been appointed and shall have qualified, the powers and duties of the trustees with respect to claims auditing, and allowing or rejecting all accounts, charges, claims or demands against the school district, shall devolve upon and thereafter be exercised by such claims auditor during the continuance of such office. The trustees shall be permitted to delegate the claims audit function TO ONE OR MORE INDEPENDENT ENTITIES by using (1) inter-munici- pal cooperative agreements, (2) shared services to the extent authorized by section nineteen hundred fifty of this title, or (3) independent contractors, to fulfill this function. C. WHEN THE TRUSTEES DELEGATE THE CLAIMS AUDIT FUNCTION USING AN INTER-MUNICIPAL COOPERATIVE AGREEMENT, SHARED SERVICE AUTHORIZED BY SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE, OR AN INDEPENDENT CONTRAC- TOR, THE TRUSTEES SHALL BE RESPONSIBLE FOR AUDITING ALL CLAIMS FOR SERVICES FROM THE ENTITY PROVIDING THE DELEGATED CLAIMS AUDITOR, EITHER DIRECTLY OR THROUGH A DELEGATION TO A DIFFERENT INDEPENDENT ENTITY. S 2. Subdivision 20-a of section 1709 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 20-a. a. In its discretion to adopt a resolution establishing the office of claims auditor and appoint a claims auditor who shall hold his or her position subject to the pleasure of such board of education. IN ITS DISCRETION, THE BOARD OF EDUCATION MAY ADOPT A RESOLUTION ESTABLISH- ING THE OFFICE OF DEPUTY CLAIMS AUDITOR WHO SHALL ACT AS CLAIMS AUDITOR IN THE ABSENCE OF THE CLAIMS AUDITOR. Such claims auditor shall report directly to the board of education. No person shall be eligible for appointment to the office of claims auditor OR DEPUTY CLAIMS AUDITOR who shall also be: (1) a member of the board of education; (2) the clerk or treasurer of the board of education; (3) the superintendent of schools or other official of the district responsible for business management; (4) the person designated as purchasing agent; or (5) clerical or professional personnel directly involved in accounting and purchasing functions of the school district. b. Such claims auditor OR DEPUTY CLAIMS AUDITOR shall not be required to be a resident of the district, and such position shall be classified in the exempt class of the civil service. Such board of education, at any time after the establishment of the office of claims auditor OR DEPUTY CLAIMS AUDITOR, may adopt a resolution abolishing such office, whereupon such office shall be abolished. When the office of claims auditor shall have been established and a claims auditor shall have been appointed and shall have qualified, the powers and duties of the board of education with respect to claims auditing, allowing or rejecting all accounts, charges, claims or demands against the school district shall devolve upon and thereafter be exercised by such claims auditor, during the continuance of such office. A board shall be permitted to delegate the claims audit function TO ONE OR MORE INDEPENDENT ENTITIES by using S. 5816 3 (1) inter-municipal cooperative agreements, (2) shared services to the extent authorized by section nineteen hundred fifty of this title, or (3) independent contractors, to fulfill this function. C. WHEN THE BOARD OF EDUCATION DELEGATES THE CLAIMS AUDIT FUNCTION USING AN INTER-MUNICIPAL COOPERATIVE AGREEMENT, SHARED SERVICE AUTHOR- IZED BY SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE, OR AN INDEPENDENT CONTRACTOR, THE BOARD SHALL BE RESPONSIBLE FOR AUDITING ALL CLAIMS FOR SERVICES FROM THE ENTITY PROVIDING THE DELEGATED CLAIMS AUDITOR, EITHER DIRECTLY OR THROUGH A DELEGATION TO A DIFFERENT INDEPENDENT ENTITY. S 3. Paragraph e of subdivision 2 of section 1711 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: e. To have supervision and direction of associate, assistant and other superintendents, directors, supervisors, principals, teachers, lectur- ers, medical inspectors, nurses, claims auditors, DEPUTY CLAIMS AUDI- TORS, attendance officers, janitors and other persons employed in the management of the schools or the other educational activities of the district authorized by this chapter and under the direction and manage- ment of the board of education; to transfer teachers from one school to another, or from one grade of the course of study to another grade in such course, and to report immediately such transfers to such board for its consideration and actions; to report to such board violations of regulations and cases of insubordination, and to suspend an associate, assistant or other superintendent, director, supervisor, expert, princi- pal, teacher or other employee until the next regular meeting of such board, when all facts relating to the case shall be submitted to such board for its consideration and action. S 4. Subdivision 1 of section 1724 of the education law, as amended by chapter 259 of the laws of 1975, is amended to read as follows: 1. No claim against a central school district or a union free school district, except for compensation for services of an officer or employee engaged at agreed wages by the hour, day, week, month or year or for the principal of or interest on indebtedness of the district, shall be paid unless an itemized voucher therefor approved by the officer whose action gave rise or origin to the claim, shall have been presented to the board of education of the district and shall have been audited and allowed; PROVIDED, HOWEVER, THAT IN THE CASE OF A SCHOOL DISTRICT WITH A PUBLIC SCHOOL ENROLLMENT OF TEN THOUSAND STUDENTS OR MORE, THE BOARD OF EDUCA- TION MAY, AT ITS DISCRETION, USE A RISK-BASED OR SAMPLING METHODOLOGY TO DETERMINE WHICH CLAIMS ARE TO BE AUDITED IN LIEU OF AUDITING ALL CLAIMS. The board of education shall be authorized, but not required, to prescribe the form of such voucher. S 5. Subdivision 4 of section 1950 of the education law is amended by adding a new paragraph oo to read as follows: OO. AT THE REQUEST OF ONE OR MORE SCHOOL DISTRICTS, CONTRACT FOR THE PROCUREMENT OF TELECOMMUNICATIONS EQUIPMENT ON BEHALF OF SUCH SCHOOL DISTRICTS, SUBJECT TO THE REQUIREMENTS OF SECTIONS ONE HUNDRED THREE AND ONE HUNDRED FOUR-B OF THE GENERAL MUNICIPAL LAW, PROVIDED THAT THE COSTS OF SUCH CONTRACTS SHALL BE ELIGIBLE FOR AID PURSUANT TO SUBDIVISION FIVE OF THIS SECTION IF APPROVED BY THE COMMISSIONER AS AN AIDABLE SHARED SERVICE UPON REQUEST OF TWO OR MORE COMPONENT SCHOOL DISTRICTS. S 6. Paragraph q of subdivision 4 of section 1950 of the education law, as separately amended by chapters 367 and 563 of the laws of 1979, is amended to read as follows: q. To provide transportation for pupils [to and from classes main- tained by such board of cooperative educational services] at the request S. 5816 4 of one or more school districts. SUCH SERVICES MAY INCLUDE, BUT NEED NOT BE LIMITED TO, AUTHORIZED PUPIL TRANSPORTATION TO AND FROM CLASSES MAIN- TAINED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND TO AND FROM SCHOOL, BOTH PUBLIC AND NONPUBLIC. School districts and boards of coop- erative educational services are authorized to enter into contracts with one or more school districts, private contractors, and one or more boards of cooperative educational services and any municipal corporation and authority to provide such transportation. Boards of cooperative educational services may operate joint or regional transportation systems for the transportation authorized by articles seventy-three and eighty-nine of this chapter. Such [transporation] TRANSPORTATION, except when provided by a political subdivision or a board of cooperative educational services, shall be subject to the requirements of subdivi- sion fourteen of section three hundred five of [the education law] THIS CHAPTER. S 7. Subdivision 17 of section 1950 of the education law is REPEALED. S 8. Subdivision 2 of section 2116-b of the education law, as added by chapter 263 of the laws of 2005, is amended to read as follows: 2. School districts of less than eight teachers, school districts with actual general fund expenditures totaling less than [five] EIGHT million dollars in the previous school year, or school districts with actual enrollment of less than [three] FIVE hundred students in the previous school year shall be exempt from this requirement. Any school district claiming such exemption shall annually certify to the commissioner that such school district meets the requirements set forth in this subdivi- sion. S 9. Section 2215 of the education law is amended by adding a new subdivision 17 to read as follows: 17. TO DETERMINE THE ADEQUACY AND APPROPRIATENESS OF THE FACILITIES SPACE AVAILABLE TO HOUSE SPECIAL EDUCATION PROGRAMS IN THE GEOGRAPHIC AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CONSISTENT WITH THE LEAST RESTRICTIVE ENVIRONMENT REQUIREMENT AND TO ENSURE THE STABILITY AND CONTINUITY OF PROGRAM PLACEMENTS FOR STUDENTS WITH DISA- BILITIES, INCLUDING PROCEDURES THAT ENSURE THAT SPECIAL EDUCATION PROGRAMS AND SERVICES LOCATED IN APPROPRIATE FACILITIES WILL NOT BE RELOCATED WITHOUT ADEQUATE CONSIDERATION OF THE NEEDS OF PARTICIPATING STUDENTS WITH DISABILITIES. S 10. Subdivision 5 of section 2503 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 5. Shall create, abolish, maintain and consolidate such positions, divisions, boards or bureaus as, in its judgment, may be necessary for the proper and efficient administration of its work; shall appoint prop- erly qualified persons to fill such positions, including a superinten- dent of schools, such associate, assistant and other superintendents, directors, supervisors, principals, teachers, lecturers, special instructors, medical inspectors, nurses, claims auditors, DEPUTY CLAIMS AUDITORS, attendance officers, secretaries, clerks, custodians, janitors and other employees and other persons or experts in educational, social or recreational work or in the business management or direction of its affairs as said board shall determine necessary for the efficient management of the schools and other educational, social, recreational and business activities; and shall determine their duties except as otherwise provided herein. S 11. Subdivision 5 of section 2508 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: S. 5816 5 5. To have supervision and direction of associate, assistant and other superintendents, directors, supervisors, principals, teachers, lectur- ers, medical inspectors, nurses, claims auditors, DEPUTY CLAIMS AUDI- TORS, attendance officers, janitors and other persons employed in the management of the schools or the other educational activities of the district authorized by this chapter and under the direction and manage- ment of the board of education; to transfer teachers from one school to another, or from one grade of the course of study to another grade in such course, and to report immediately such transfers to such board for its consideration and action; to report to such board violations of regulations and cases of insubordination, and to suspend an associate, assistant or other superintendent, director, supervisor, expert, princi- pal, teacher or other employee until the next regular meeting of such board, when all facts relating to the case shall be submitted to such board for its consideration and action. S 12. Subdivision 2 of section 2523 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 2. Such moneys shall be disbursed only on the signature of such treas- urer by checks payable to the person or persons entitled thereto. The board of education may in its discretion require that such checks-other than checks for salary, be countersigned by another officer of such district. When authorized by resolution of the board of education such checks may be signed with the facsimile signature of the treasurer and other district officer whose signature is required, as reproduced by a machine or device commonly known as a check-signer. Each check drawn by the treasurer shall state the fund against which it is drawn. No fund shall be overdrawn nor shall any check be drawn upon one fund to pay a claim chargeable to another. No money shall be paid out by the treasurer except upon the warrant of the clerk of the board of education after audit and allowance by such board, or if a claims auditor OR DEPUTY CLAIMS AUDITOR shall have been appointed, except upon the warrant of such claims auditor OR DEPUTY CLAIMS AUDITOR after audit and allowance thereof; provided, however, when provision for payment has been made in the annual budget the treasurer may pay, without such warrant or prior audit and allowance, (a) the principal of and interest on bonds, notes or other evidences of indebtedness of the district or for the payment of which the district shall be liable, and (b) compensation for services of officers or employees engaged at agreed wages by the hour, day, week, month or year upon presentation of a duly certified payroll; AND PROVIDED FURTHER THAT IN THE CASE OF A CITY SCHOOL DISTRICT WITH A PUBLIC SCHOOL ENROLLMENT OF TEN THOUSAND STUDENTS OR MORE, THE BOARD OF EDUCATION MAY, AT ITS DISCRETION, USE A RISK-BASED OR SAMPLING METHODOL- OGY TO DETERMINE WHICH CLAIMS ARE TO BE AUDITED IN LIEU OF AUDITING ALL CLAIMS. By resolution duly adopted, the board may determine to enter into a contract to provide for the deposit of the periodic payroll of the school district in a bank or trust company for disbursal by it in accordance with provisions of section ninety-six-b of the banking law. S 13. Subdivision 1 of section 2524 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 1. No claim against a city school district, except for compensation for services of an officer or employee engaged at agreed wages by the hour, day, week, month or year or for the principal of or interest on indebtedness of the district, shall be paid unless an itemized voucher therefor approved by the officer whose action gave rise or origin to the claim, shall have been presented to the board of education, or THE claims auditor OR DEPUTY CLAIMS AUDITOR of the city school district and S. 5816 6 shall have been audited and allowed, PROVIDED THAT IN THE CASE OF A CITY SCHOOL DISTRICT WITH A PUBLIC SCHOOL ENROLLMENT OF TEN THOUSAND STUDENTS OR MORE, THE BOARD OF EDUCATION MAY, AT ITS DISCRETION, USE A RISK-BASED OR SAMPLING METHODOLOGY TO DETERMINE WHICH CLAIMS ARE TO BE AUDITED IN LIEU OF AUDITING ALL CLAIMS. The board of education shall be author- ized, but not required, to prescribe the form of such voucher. S 14. Section 2525 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: S 2525. Audit of claims. 1. The board of education, in considering any claim OR WHERE APPLICABLE A SAMPLING OF CLAIMS, may require any person presenting the same to be sworn before it or before any member thereof and to give testimony relative to the justness and accuracy of such claim, and may take evidence and examine witnesses under oath in respect to the claim, and for that purpose may issue subpoenas for the attend- ance of witnesses. When a claim OR WHERE APPLICABLE A SAMPLING OF CLAIMS has been finally audited by the board of education the clerk of such board shall endorse thereon or attach thereto a certificate of such audit and file the same as a public record in his or her office. When any claim has been so audited and a certificate thereof so filed, the clerk of the board of education shall draw a warrant specifying the name of the claimant, the amount allowed and the fund, function and object chargeable therewith and such other information as may be deemed neces- sary and essential, directed to the treasurer of the district, authoriz- ing and directing him or her to pay to the claimant the amount allowed upon his or her claim. A copy of such warrant shall be filed in the office of the clerk. 2. In a city school district in which the office of claims auditor OR DEPUTY CLAIMS AUDITOR has been created, the claims auditor OR DEPUTY CLAIMS AUDITOR in considering a claim OR WHERE APPLICABLE A SAMPLING OF CLAIMS, may require any person presenting the same to be sworn before him or her and to give testimony relative to the justness and accuracy of such claim, and may take evidence and examine witnesses under oath in respect to the claim, and for that purpose may issue subpoenas for the attendance of witnesses. When a claim, OR WHERE APPLICABLE A SAMPLING OF CLAIMS, has been finally audited by the claims auditor OR DEPUTY CLAIMS AUDITOR he or she shall endorse thereon or attach thereto a certificate of such audit and file the same as a public record in his or her office. When any claim has been so audited and a certificate thereof so filed, the claims auditor OR DEPUTY CLAIMS AUDITOR shall draw a warrant speci- fying the number of the claim, the name of the claimant, the amount allowed and the fund, function and object chargeable therewith and such other information as may be deemed necessary or essential, directed to the treasurer of the district, authorizing and directing him or her to pay to the claimant the amount allowed upon his or her claim. IN THE CASE OF A CITY SCHOOL DISTRICT WITH A PUBLIC SCHOOL ENROLLMENT OF TEN THOUSAND STUDENTS OR MORE, THE BOARD OF EDUCATION MAY, AT ITS DISCRETION, USE A RISK-BASED OR SAMPLING METHODOLOGY TO DETERMINE WHICH CLAIMS ARE TO BE AUDITED IN LIEU OF AUDITING ALL CLAIMS. A copy of such warrant shall be filed in the office of the clerk. S 15. Section 2526 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: S 2526. Claims auditor. 1. The board of education of a city school district may adopt a resolution establishing the office of claims audi- tor and appoint a claims auditor who shall hold his or her position subject to the pleasure of such board of education. IN ITS DISCRETION, THE BOARD MAY ADOPT A RESOLUTION ESTABLISHING THE OFFICE OF DEPUTY S. 5816 7 CLAIMS AUDITOR WHO SHALL ACT AS CLAIMS AUDITOR IN THE ABSENCE OF THE CLAIMS AUDITOR. Such claims auditor shall report directly to the board of education. No person shall be eligible for appointment to the office of claims auditor OR DEPUTY CLAIMS AUDITOR who shall be: (1) a member of the board of education; (2) the clerk or treasurer of the board of education; (3) the superintendent of schools or other official of the district responsible for business management; (4) the person designated as purchasing agent; or (5) clerical or professional personnel directly involved in accounting and purchasing functions of the school district. 1-a. The [position] POSITIONS of claims auditor AND DEPUTY CLAIMS AUDITOR shall be classified in the exempt class of civil service. Such board of education, at any time after the establishment of the office of claims auditor OR DEPUTY CLAIMS AUDITOR, may adopt a resolution abolish- ing such office, whereupon such office shall be abolished. 2. When the office of claims auditor shall have been established and a claims auditor shall have been appointed and shall have qualified, the powers and duties of the board of education with respect to claims auditing, allowing or rejecting all accounts, charges, claims or demands against the city school district shall devolve upon and thereafter be exercised by such claims auditor, during the continuance of such office. The board of education shall be permitted to delegate the claims audit function TO ONE OR MORE INDEPENDENT ENTITIES by using (1) inter-munici- pal cooperative agreements, (2) shared services to the extent authorized by section nineteen hundred fifty of this title, or (3) independent contractors, to fulfill this function. 3. WHEN THE BOARD OF EDUCATION DELEGATES THE CLAIMS AUDIT FUNCTION USING AN INTER-MUNICIPAL COOPERATIVE AGREEMENT, SHARED SERVICE AUTHOR- IZED BY SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE, OR AN INDEPENDENT CONTRACTOR, THE BOARD SHALL BE RESPONSIBLE FOR AUDITING ALL CLAIMS FOR SERVICES FROM THE ENTITY PROVIDING THE DELEGATED CLAIMS AUDITOR, EITHER DIRECTLY OR THROUGH A DELEGATION TO A DIFFERENT INDEPENDENT ENTITY. S 16. Section 2527 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: S 2527. Official undertakings. The clerk of the board of education or, where the office of claims auditor OR DEPUTY CLAIMS AUDITOR has been created, the claims auditor OR DEPUTY CLAIMS AUDITOR, and the treasurer, collector and such other officers and employees as the board of educa- tion shall designate, shall, before they enter upon the duties of their respective offices or positions, each execute to the school district and file with the school district clerk an official undertaking in such sum and with such corporate surety as the board of education shall direct and approve. The board of education may, at any time, require any such officer or employee to file a new official undertaking for such sum and with such corporate surety as the board shall approve. Such undertakings as shall have been approved by the board of education shall forthwith be filed with the school district clerk. The expense of any undertaking executed pursuant to this section shall be a school district charge. S 17. Subdivision 2-a of section 2554 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 2-a. a. In its discretion to adopt a resolution establishing the office of claims auditor and appoint a claims auditor who shall hold his or her position subject to the pleasure of the board. IN ITS DISCRETION, THE BOARD MAY ADOPT A RESOLUTION ESTABLISHING ONE OR MORE OFFICES OF DEPUTY CLAIMS AUDITOR WHO SHALL ACT AS CLAIMS AUDITOR IN THE S. 5816 8 ABSENCE OF THE CLAIMS AUDITOR. Such claims auditor shall report directly to the board of education. No person shall be eligible for appointment to the office of claims auditor OR DEPUTY CLAIMS AUDITOR who shall be (1) a member of the board of education; (2) a clerk or treasurer of the board of education; (3) the superintendent of schools or other official of the district responsible for business management; (4) the person designated as purchasing agent; or (5) clerical or professional personnel directly involved in accounting and purchasing functions of the school district. b. The [position] POSITIONS of claims auditor OR DEPUTY CLAIMS AUDITOR shall be classified in the exempt class of civil service. The board of education, at any time after the establishment of the office of claims auditor OR DEPUTY CLAIMS AUDITOR, may adopt a resolution abolishing the office. When the office of claims auditor shall have been established and a claims auditor shall have been appointed and shall have qualified, the powers and duties of the board of education with respect to auditing accounts, charges, claims or demands against the city school district shall devolve upon and thereafter be exercised by such claims auditor, during the continuance of the office. The board of education shall be permitted to delegate the claims audit function TO ONE OR MORE INDEPEND- ENT ENTITIES by using (1) inter-municipal cooperative agreements, or (2) independent contractors, to fulfill this function. C. WHEN THE BOARD OF EDUCATION DELEGATES THE CLAIMS AUDIT FUNCTION USING AN INTER-MUNICIPAL COOPERATIVE AGREEMENT, SHARED SERVICE AUTHOR- IZED BY SECTION NINETEEN HUNDRED FIFTY OF THIS TITLE, OR AN INDEPENDENT CONTRACTOR, THE BOARD SHALL BE RESPONSIBLE FOR AUDITING ALL CLAIMS FOR SERVICES FROM THE ENTITY PROVIDING THE DELEGATED CLAIMS AUDITOR, EITHER DIRECTLY OR THROUGH A DELEGATION TO A DIFFERENT INDEPENDENT ENTITY REQUIREMENT AND TO ENSURE THE STABILITY AND CONTINUITY OF PROGRAM PLACE- MENTS FOR STUDENTS WITH DISABILITIES, INCLUDING PROCEDURES THAT ENSURE THAT SPECIAL EDUCATION PROGRAMS AND SERVICES LOCATED IN APPROPRIATE FACILITIES WILL NOT BE RELOCATED WITHOUT ADEQUATE CONSIDERATION OF THE NEEDS OF PARTICIPATING STUDENTS WITH DISABILITIES. S 18. Subdivision 2 of section 2562 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 2. The said board of education may require any person presenting for settlement an account or claim for any cause whatever against it to be sworn before it or a committee thereof, or before the claims auditor OR DEPUTY CLAIMS AUDITOR, or before any person designated by said board, touching such account or claim, and when so sworn, to answer orally as to any facts relative to the justness of such account or claim. A member of the board, the claims auditor OR DEPUTY CLAIMS AUDITOR, or any other person designated as hereinbefore stated, shall have the power to admin- ister an oath to any person who shall give testimony to the justness of such account or claim, and for the purpose of securing such testimony may issue subpoenas for the attendance of witnesses. Wilful false swear- ing before the said board of education, a committee thereof, the claims auditor OR DEPUTY CLAIMS AUDITOR, or before any person designated as hereinbefore stated, is perjury and punishable as such. S 19. Subdivision 6 of section 2566 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: 6. To have supervision and direction of associate, assistant, district and other superintendents, directors, supervisors, principals, teachers, lecturers, medical inspectors, nurses, claims auditors, DEPUTY CLAIMS AUDITORS, attendance officers, janitors and other persons employed in S. 5816 9 the management of the schools or the other educational activities of the city authorized by this chapter and under the direction and management of the board of education, except that in the city school districts of the cities of Buffalo and Rochester to also appoint, within the amounts budgeted therefor, such associate, assistant and district superinten- dents and all other supervising staff who are excluded from the right to bargain collectively pursuant to article fourteen of the civil service law; to transfer teachers from one school to another, or from one grade of the course of study to another grade in such course, and to report immediately such transfers to said board for its consideration and action; to report to said board of education violations of regulations and cases of insubordination, and to suspend an associate, assistant, district or other superintendent, director, supervisor, expert, princi- pal, teacher or other employee until the next regular meeting of the board, when all facts relating to the case shall be submitted to the board for its consideration and action. S 20. Paragraph a of subdivision 1 of section 2576 of the education law, as amended by chapter 263 of the laws of 2005, is amended to read as follows: a. The salary of the superintendent of schools, associate, district or assistant or other superintendents, examiners, directors, supervisors, principals, teachers, lecturers, special instructors, claims auditors, DEPUTY CLAIMS AUDITORS, medical inspectors, nurses, attendance officers, clerks, custodians and janitors and the salary, fees or compensation of all other employees appointed or employed by said board of education. In addition, the expenses of personnel utilized to fulfill the internal audit function pursuant to section twenty-one hundred sixteen-b of this [chapter] TITLE. S 21. Subdivisions 2 and 4 of section 2580 of the education law, subdivision 2 as amended by chapter 263 of the laws of 2005 and subdivi- sion 4 as amended by chapter 452 of the laws of 1964, is amended to read as follows: 2. Such funds shall be disbursed by authority of the board of educa- tion upon written orders drawn on the city treasurer or other fiscal officer of the city. Such orders shall be signed by the superintendent of schools and the secretary of the board of education or such other officers as the board may authorize. If a claims auditor OR DEPUTY CLAIMS AUDITOR shall have been appointed, orders shall be signed by [the] SUCH claims auditor; provided, however, that the board may require, in addition, the signature of such other officer or officers as it may by resolution direct. Orders shall be numbered consecutively and shall specify the purpose for which they are drawn and the person or corporation to whom they are payable. 4. It shall be unlawful for a city treasurer or other officer having the custody of such city funds to permit their use for any purpose other than that for which they are lawfully authorized; they shall be paid out only on audit of the board of education or as otherwise provided herein; PROVIDED, HOWEVER, THAT THE BOARD OF EDUCATION MAY, AT ITS DISCRETION, USE A RISK-BASED OR SAMPLING METHODOLOGY TO DETERMINE WHICH CLAIMS ARE TO BE AUDITED IN LIEU OF AUDITING ALL CLAIMS. Payments from such funds shall be made only by checks signed by the treasurer or other custodian of such moneys and payable to the person or persons entitled thereto and countersigned either by the comptroller, or in a city having no comp- troller, by an officer designated by the officer or body having the general control of the financial affairs of such city. The board of education of such city shall make, in addition to such classification of S. 5816 10 its funds and accounts as it desires for its own use and information, such further classification of the funds under its management and control and of the disbursements thereof as the comptroller of the city, or the officer or body having the general control of the financial affairs of such city, shall require, and such board shall furnish such data in relation to such funds and their disbursements as the comp- troller or such other financial officer or body of the city shall require. S 22. Section 3035 of the education law is amended by adding a new subdivision 3-b to read as follows: 3-B. UPON REQUEST FROM A PROSPECTIVE EMPLOYEE WHO HAS BEEN CLEARED BY THE COMMISSIONER OF MOTOR VEHICLES PURSUANT TO SECTION FIVE HUNDRED NINE-CC OR TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW, THE DEPARTMENT OF MOTOR VEHICLES SHALL BE AUTHORIZED TO FORWARD A COPY OF SUCH INDIVIDUAL'S CRIMINAL HISTORY RECORD AND SUCH INDIVIDUAL'S FING- ERPRINTS TO THE COMMISSIONER FOR PURPOSES OF CONDUCTING A CRIMINAL HISTORY RECORD CHECK PURSUANT TO THIS SECTION. FURTHERMORE, UPON NOTIFI- CATION THAT SUCH PROSPECTIVE EMPLOYEE HAS BEEN CLEARED FOR EMPLOYMENT BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL HAVE THE AUTHORITY TO PROVIDE SUBSEQUENT CRIMINAL HISTORY NOTIFICATIONS DIRECTLY TO THE COMMISSIONER. S 23. Subdivision 1 of section 3241 of the education law, as amended by chapter 971 of the laws of 1969, is amended to read as follows: 1. The board of education of each city, except in cities having a population of one hundred twenty-five thousand or more, shall constitute a permanent census board in such city. Such board shall, under its regu- lations, cause a census of the children in its city to be taken and to be amended from day to day, as changes of residence shall occur among persons in such cities within the ages prescribed in subdivision two of this section and as other persons shall come within the ages prescribed therein and as other persons within such ages shall become residents of such cities, so that there shall always be on file with such board a complete census giving the facts and information required in subdivision two of this section; PROVIDED, HOWEVER, THAT FOR PRE-SCHOOL STUDENTS FROM BIRTH TO FIVE YEARS OF AGE, SUCH CENSUS MAY BE PREPARED AND FILED BIENNIALLY ON OR BEFORE THE FIFTEENTH DAY OF OCTOBER. S 24. Section 3242 of the education law, as amended by chapter 425 of the laws of 1993, is amended to read as follows: S 3242. School census in school districts. The trustees or board of education of every school district may cause a census to be taken of all children between birth and eighteen years of age, including all such facts and information as are required in the census provided for in section thirty-two hundred forty-one of this chapter. Such census shall be prepared ANNUALLY FOR CHILDREN BETWEEN AGE FIVE AND EIGHTEEN WHO ARE ENTITLED TO ATTEND THE PUBLIC SCHOOLS WITHOUT PAYMENT OF TUITION in duplicate in their respective school districts, and one copy thereof filed with the teacher or principal and the other copy filed with the district superintendent or superintendent on or before the [fifteen] FIFTEENTH day of October. FOR PRE-SCHOOL STUDENTS FROM BIRTH TO FIVE YEARS OF AGE, SUCH CENSUS MAY BE PREPARED AND FILED BIENNIALLY ON OR BEFORE THE FIFTEENTH DAY OF OCTOBER. Such census shall include the reports and information required from cities as provided in section thirty-two hundred forty-one. All information regarding a [handicapped person] STUDENT WITH A DISABILITY under the age of twenty-one years shall be filed annually with the superintendent of the board of cooper- ative educational services of which said district may be a part. S. 5816 11 S 25. Clause (b) of subparagraph 3 of paragraph e of subdivision 6 of section 3602 of the education law, as amended by section 1 of part F of chapter 383 of the laws of 2001, is amended to read as follows: (b) Such assumed amortization for a project approved by the commis- sioner on or after the later of the first day of December, two thousand one or thirty days after the date upon which this subdivision shall have become a law AND PRIOR TO THE FIRST DAY OF JULY, TWO THOUSAND ELEVEN or for any debt service related to projects approved by the commissioner prior to such date where a bond, capital note or bond anticipation note is first issued [on or after such date] WITHIN SUCH PERIOD to fund such projects, shall commence: (i) eighteen months after such approval or (ii) on the date of receipt by the commissioner of a certification by the district that a general construction contract has been awarded for such project by the district, whichever is later, and SUCH ASSUMED AMOR- TIZATION FOR A PROJECT APPROVED BY THE COMMISSIONER ON OR AFTER THE FIRST DAY OF JULY, TWO THOUSAND ELEVEN SHALL COMMENCE: (III) EIGHTEEN MONTHS AFTER SUCH APPROVAL OR (IV) ON THE DATE OF RECEIPT BY THE COMMIS- SIONER OF BOTH THE FINAL CERTIFICATE OF SUBSTANTIAL COMPLETION OF THE PROJECT ISSUED BY THE ARCHITECT OR ENGINEER AND THE FINAL COST REPORT FOR SUCH PROJECT, WHICHEVER IS LATER, OR (V) UPON THE DATE OF A FINDING BY THE COMMISSIONER THAT THE CERTIFICATE OF SUBSTANTIAL COMPLETION OF THE PROJECT HAS BEEN ISSUED BY THE ARCHITECT OR ENGINEER, BUT THE DISTRICT IS UNABLE TO COMPLETE THE FINAL COST REPORT BECAUSE OF CIRCUM- STANCES BEYOND THE CONTROL OF THE DISTRICT. SUCH ASSUMED AMORTIZATION shall provide for equal semiannual payments of principal and interest based on an interest rate established pursuant to subparagraph five of this paragraph for such purpose for the school year during which such certification is received. The first installment of obligations issued by the school district in support of such projects may mature not later than the dates established pursuant to sections 21.00 and 22.10 of the local finance law. S 26. Paragraph a of subdivision 1 and paragraph a and subparagraph 1 of paragraph b of subdivision 2 of section 3602-c of the education law, paragraph a of subdivision 1 as amended by chapter 474 of the laws of 2004, paragraph a and subparagraph 1 of paragraph b of subdivision 2 as amended by chapter 378 of the laws of 2007, are amended and a new para- graph e is added to subdivision 2, to read as follows: a. "Services" shall mean instruction in the areas of gifted pupils, career education and education for students with disabilities, and coun- seling, psychological and social work services related to such instruc- tion provided during the regular school year for pupils enrolled in a nonpublic school located in a school district, OTHER THAN AN APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES, provided that such instruction is given to pupils enrolled in the public schools of such district. SUCH TERM SHALL ALSO INCLUDE EDUCATION FOR STUDENTS WITH DISABILITIES ENROLLED IN SUCH A NONPUBLIC SCHOOL WHICH IS PROVIDED IN JULY AND AUGUST IN ACCORDANCE WITH PARAGRAPH E OF SUBDIVISION TWO OF THIS SECTION. a. Boards of education of all school districts of the state shall furnish services to students who are residents of this state and who attend nonpublic schools located in such school districts, upon the written request of the parent or person in parental relation of any such student. Such a request for career education or services to gifted students shall be filed with the board of education of the school district in which the parent or person in parental relation of the student resides on or before the first day of June preceding the school S. 5816 12 year for which the request is made. In the case of education for students with disabilities, such a request shall be filed with the trus- tees or board of education of the school district of location on or before the first of [June] APRIL preceding the school year for which the request is made[, or by July first, two thousand seven for the two thou- sand seven--two thousand eight school year only,] FOR THOSE STUDENTS FOR WHOM AN INDIVIDUALIZED EDUCATION SERVICE PROGRAM WAS DEVELOPED AND IMPLEMENTED PURSUANT TO THIS SECTION PRIOR TO SUCH DATE, AND ON OR BEFORE THE FIRST OF JUNE PRECEDING THE SCHOOL YEAR FOR WHICH THE REQUEST IS MADE FOR THOSE STUDENTS WHO WILL BE FIRST RECEIVING EDUCATION FOR STUDENTS WITH DISABILITIES PURSUANT TO THIS SECTION IN THE SCHOOL YEAR FOR WHICH THE REQUEST IS MADE OR FOR WHOM AN INDIVIDUALIZED EDUCATION SERVICE PROGRAM IS FIRST DEVELOPED AND IMPLEMENTED ON OR AFTER APRIL FIRST AND ON OR BEFORE JUNE FIRST; provided that where a student is first identified as a student with a disability after the first day of June preceding the school year for which the request is made, [or thirty days after the chapter of the laws of two thousand seven which amended this paragraph, takes effect where applicable, and prior to the first day of April of such current school year,] such request shall be submit- ted within thirty days after AN INDIVIDUALIZED EDUCATION SERVICE PROGRAM IS DEVELOPED FOR such student [is first identified]. [For students first identified after March first of the current school year, any such request for education for students with disabilities in the current school year that is submitted on or after April first of such current school year, shall be deemed a timely request for such services in the following school year.] (1) For the purpose of obtaining education for students with disabili- ties, as defined in paragraph d of subdivision one of this section, such request shall be reviewed by the committee on special education of the school district of location, which shall develop an individualized education service program for the student based on the student's indi- vidual needs in the same manner and with the same contents as an indi- vidualized education program, EXCEPT AS OTHERWISE PROVIDED IN THIS SUBPARAGRAPH. The committee on special education shall assure that special education programs and services are made available to students with disabilities attending nonpublic schools located within the school district on an equitable basis, as compared to special education programs and services provided to other students with disabilities attending public or nonpublic schools located within the school district, EXCEPT THAT THERE SHALL BE NO ENTITLEMENT UNDER THIS SECTION TO THE PROVISION OF A SPECIAL CLASS OR INTEGRATED CO-TEACHING SERVICES, AS SUCH TERMS ARE DEFINED IN THE REGULATIONS OF THE COMMISSIONER, BY THE SCHOOL DISTRICT OF LOCATION FOR ALL OR PART OF THE SCHOOL DAY. Review of the recommendation of the committee on special education may be obtained by the parent or person in parental relation of the pupil pursuant to the provisions of section forty-four hundred four of this chapter; PROVIDED THAT A DUE PROCESS COMPLAINT, OTHER THAN A DUE PROCESS COMPLAINT RELATING TO CHILD FIND REQUIREMENTS BROUGHT PURSUANT TO PARA- GRAPH C OF THIS SUBDIVISION, SUBMITTED ON OR AFTER SEPTEMBER FIRST TWO THOUSAND ELEVEN SHALL BE SUBMITTED TO MEDIATION PURSUANT TO SECTION FORTY-FOUR HUNDRED FOUR-A OF THIS CHAPTER AND AT LEAST ONE MEDIATION SESSION SHALL BE HELD PRIOR TO MAKING A REQUEST FOR AN IMPARTIAL HEARING. E. A NONPUBLIC SCHOOL STUDENT WHOSE DISABILITY IS SEVERE ENOUGH TO EXHIBIT THE NEED FOR A STRUCTURED LEARNING ENVIRONMENT OF TWELVE MONTHS DURATION TO MAINTAIN DEVELOPMENTAL LEVELS SHALL BE ELIGIBLE TO RECEIVE S. 5816 13 SPECIAL EDUCATION PROGRAMS AND SERVICES IN JULY AND AUGUST IN ACCORDANCE WITH THE INDIVIDUALIZED EDUCATION SERVICE PROGRAM DEVELOPED BY THE COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT OF LOCATION AND THE PROVISIONS OF SECTION FORTY-FOUR HUNDRED EIGHT OF THIS CHAPTER. PROVIDED, HOWEVER, THAT A NONPUBLIC SCHOOL STUDENT SHALL NOT BE ENTITLED PURSUANT TO THIS SECTION TO PLACEMENT IN A SPECIAL CLASS OR INTEGRATED CO-TEACHING SERVICES, AS SUCH TERMS ARE DEFINED IN THE REGULATIONS OF THE COMMISSIONER, IN JULY AND AUGUST. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE SCHOOL DISTRICT OF LOCATION SHALL BE ELIGIBLE FOR STATE AID FOR SUCH SERVICES EXCLUSIVELY PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS CHAPTER. S 27. Subdivision 7 of section 3602-c of the education law, as amended by chapter 378 of the laws of 2007, is amended to read as follows: 7. a. Boards of education of districts providing career education and gifted education services to non-resident students shall be entitled to recover tuition from the district of residence of such students in accordance with a formula promulgated by the commissioner by regulation. b. In the case of the education for students with disabilities who are residents of New York, a school district of location providing services to non-resident students shall be entitled to recover costs of services, costs of evaluation, and costs of committee on special education admin- istration directly from the district of residence of the student if consent of the parent or person in parental relation is obtained to release of personally identifiable information concerning their child. If such consent is not obtained, the school district of location shall submit to the commissioner, in a form prescribed by the commissioner, a claim for costs of services, evaluation costs, and committee on special education administrative costs that includes the address of the student's permanent residence, including the school district of resi- dence, and a certification by officials of the nonpublic school attended by the student that such address is the address of record of such student. Upon certification by the commissioner of the amount of such claim, the state comptroller shall deduct such amount from any state funds which become due to such school district of residence. c. The amount charged by the school district of location for services, evaluation[, eligible due process costs] and committee on special educa- tion administrative costs shall not exceed the actual cost to the school district of location, after deducting any costs paid with federal or state funds. The commissioner shall adopt regulations prescribing a dispute resolution mechanism that will be available to a school district of residence where such district disagrees with the amount of tuition or costs charged by the school district of location. D. THE COMMISSIONER SHALL ESTABLISH REGIONAL RATE METHODOLOGIES FOR COMPUTING REGIONAL RATES TO DETERMINE ACTUAL COSTS FOR EACH OF THE FOLLOWING CATEGORIES OF COSTS: (I) COSTS OF SERVICES, (II) EVALUATIONS AND (III) SPECIAL EDUCATION ADMINISTRATION. THE SCHOOL DISTRICT OF LOCATION MAY ELECT TO USE ANY SUCH REGIONAL RATE METHODOLOGIES IN EFFECT FOR THE CURRENT SCHOOL YEAR FOR ALL NONRESIDENT STUDENTS RECEIVING SERVICES PURSUANT TO SUBDIVISION TWO OF THIS SECTION IN SUCH SCHOOL YEAR OR MAY OPT TO COMPUTE ACTUAL COSTS ON AN INDIVIDUAL STUDENT BASIS. IF SUCH SCHOOL DISTRICT ELECTS TO USE REGIONAL RATES FOR SERVICES, IT SHALL USE ALL REGIONAL RATES THEN IN EFFECT FOR BILLING SERVICES FOR ALL SUCH NONRESIDENT STUDENTS AND IF SUCH SCHOOL DISTRICT ELECTS TO USE REGIONAL RATES FOR BILLING EVALUATION OR SPECIAL EDUCATION ADMINISTRATION COSTS, IT SHALL USE SUCH RATES FOR BILLING FOR SUCH COSTS FOR ALL SUCH NONRESI- DENT STUDENTS. THE SCHOOL DISTRICT OF LOCATION MAY, HOWEVER, ELECT TO S. 5816 14 USE REGIONAL RATES FOR ONE OR MORE CATEGORIES OF COSTS, AND NOT FOR THE OTHER CATEGORIES. E. NO CLAIM SHALL BE PAYABLE PURSUANT TO THIS SUBDIVISION UNLESS IT IS SUBMITTED TO THE SCHOOL DISTRICT OF RESIDENCE, OR THE COMMISSIONER WHERE APPLICABLE, WITHIN ONE YEAR OF THE END OF THE SCHOOL YEAR IN WHICH THE COSTS WERE INCURRED, OR WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH, WHICHEVER IS LATER. S 28. Section 3635 of the education law is amended by adding a new subdivision 8 to read as follows: 8. THE TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT MAY, AT ITS DISCRETION, PROVIDE STUDENT TRANSPORTATION BASED UPON PATTERNS OF ACTUAL RIDERSHIP. THE ACTUAL RIDERSHIP SHALL BE BASED UPON THE HISTORY AND EXPERIENCE THAT YIELDS A CONSISTENT PATTERN OF ELIGIBLE PUPILS NOT USING DISTRICT TRANSPORTATION; OR MODELING OF FUTURE RIDERSHIP; OR THE SHARING OF TRANSPORTATION REGIONALLY; OR OTHER CRITERIA DETERMINED BY THE SCHOOL DISTRICT THAT ENSURE THAT ALL STUDENTS IN NEED OF TRANSPORTATION RECEIVE IT. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REDUCE OR RELIEVE SCHOOL DISTRICTS FROM THE RESPONSIBILITY OF PROVIDING TRANSPORTATION TO STUDENTS OTHERWISE ELIGIBLE FOR AND ACTUALLY IN NEED OF SUCH TRANSPORTA- TION. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO AUTHORIZE A SCHOOL DISTRICT TO HAVE STANDING PASSENGERS IN VIOLATION OF SECTION THIRTY-SIX HUNDRED THIRTY-FIVE-C OF THIS ARTICLE, AND UNANTICIPATED RIDERSHIP SHALL NOT BE DEEMED AN UNFORESEEN OCCURRENCE FOR PURPOSES OF SUBDIVISION TWO OF SUCH SECTION AFTER THE FIRST DAY IN WHICH SUCH UNAN- TICIPATED RIDERSHIP OCCURS. ANY SCHOOL DISTRICT THAT, AT ITS DISCRETION, HAS ELECTED TO PROVIDE STUDENT TRANSPORTATION BASED UPON PATTERNS OF ACTUAL RIDERSHIP SHALL PLACE SUCH PLANS ON THE SCHOOL DISTRICT'S WEBSITE ON OR BEFORE AUGUST FIFTEENTH OF THE SCHOOL YEAR IN WHICH THE TRANSPOR- TATION PLAN WILL BE IMPLEMENTED. S 29. Paragraph d of subdivision 4 of section 3641 of the education law is REPEALED. S 30. Subparagraphs 5 and 7 of paragraph b of subdivision 1 of section 4402 of the education law, subparagraph 5 as amended by chapter 256 of the laws of 1988 and subparagraph 7 as amended by chapter 194 of the laws of 1991, are amended to read as follows: (5) The committee on special education or, in the case of a state operated school, the multidisciplinary team shall [provide written notice that a child who is placed in those residential programs speci- fied in paragraphs d, g, h and l of subdivision two of section forty- four hundred one of this article is not entitled to receive tuition free educational services after the age of twenty-one, the receipt of a high school diploma or the time described in subdivision five of this section. Such written notice shall be provided to the child and to the parents or legal guardian of such child when such child attains the age of eighteen or, if such child is over the age of eighteen when placed in such a residential program, at the time of placement. Upon the first annual review after the age of fifteen of a child who is receiving non- residential special services or programs as specified in paragraph a, b, c, d, e, f, i, j, l or m of subdivision two of section forty-four hundred one of this article, or is receiving special services or programs in a day program at the human resources school; is receiving such special services or programs one hundred per centum of the school day; is receiving individualized attention or intervention because of intensive management needs or a severe handicap; and, as determined by the committee on special education or multidisciplinary team pursuant to regulations promulgated by the commissioner, may need adult services S. 5816 15 from the office of mental health, office of mental retardation and developmental disabilities, the state department of social services, a social services district, or the state education department, the commit- tee or multidisciplinary team shall provide to such child's parent or guardian, and if such child is eighteen years of age or older, to the child, written notice that such child is not entitled to receive tuition free educational services after the receipt of a high school diploma, the age of twenty-one or the time described in subdivision five of this section.] ENSURE THAT UPON THE FIRST ANNUAL REVIEW AFTER THE AGE OF EIGHTEEN OF A STUDENT WITH A DISABILITY WHO IS PLACED IN A RESIDENTIAL PROGRAM BY THE COMMITTEE OR MULTIDISCIPLINARY TEAM, THE COMMITTEE OR MULTIDISCIPLINARY TEAM, WITH THE CONSENT OF THE PARENTS OR THE CHILD IF AGE EIGHTEEN OR OLDER, SHALL NOTIFY AND INVITE A REPRESENTATIVE OF THE OFFICE OF MENTAL HEALTH, OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI- TIES, THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES, OR THE STATE EDUCATION DEPARTMENT AS APPROPRIATE, TO PARTICIPATE IN THE COMMITTEE ON SPECIAL EDUCATION MEETING FOR THE DEVELOPMENT OF A RECOMMENDATION FOR ADULT SERVICES PURSUANT TO SECTION 7.37 OR 13.37 OF THE MENTAL HYGIENE LAW, SECTION THREE HUNDRED NINETY-EIGHT-C OF THE SOCIAL SERVICES LAW OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE. THE COMMITTEE OR MULTIDISCIPLINARY TEAM SHALL GIVE THE PARENT OR GUARDIAN OF THE CHILD, OR FOR A STUDENT AGE EIGHTEEN AND OLDER, THE CHILD, THE OPPORTUNITY TO CONSENT IN WRITING TO THE RELEASE OF RELEVANT INFORMATION TO SUCH OTHER PUBLIC AGENCY OR AGENCIES, UPON REQUEST OF SUCH AGENCY OR AGENCIES, FOR PURPOSES OF DETERMINING APPROPRIATENESS OF AN ADULT PROGRAM FOR SUCH STUDENT. (a) [Written notice given pursuant to this subparagraph shall describe in detail the opportunity to consent to have the child's name and other relevant information forwarded in a report to the commissioner of mental health, commissioner of mental retardation and developmental disabili- ties, commissioner of social services, or commissioner of education, or their designees, for the purpose of determining whether such child will likely need adult services and, if so, recommending possible adult services.] For the purposes of this subparagraph "relevant information" shall be defined as that information in the possession of and used by the committee or the multidisciplinary team to ascertain the physical, mental, emotional and cultural-educational factors which contribute to the child's [handicapping condition] DISABILITY, including but not limited to: (i) results of physical and psychological examinations performed by private and school district physicians and psychologists; (ii) relevant information presented by the parent, guardian and teacher; (iii) school data which bear on the child's progress including the child's most recent individualized education program; (iv) results of the most recent examinations and evaluations performed pursuant to clause (d) of subparagraph three of this paragraph; and (v) results of other suitable evaluations and examinations possessed by the committee or multidisciplinary team. Nothing in this subparagraph shall be construed to require any committee or multidisciplinary team to perform any examination or evaluation not otherwise required by law. (b) Upon consent obtained pursuant to clause [(c)] (A) of this subpar- agraph, the committee or multidisciplinary team shall forward the child's name and other relevant information in a report to the [commis- sioner of mental health, commissioner of mental retardation and develop- mental disabilities, commissioner of social services, or commissioner of education, or their designees, for the development of a recommendation for adult services pursuant to section 7.37 or 13.37 of the mental S. 5816 16 hygiene law, section three hundred ninety-eight-c of the social services law or subdivision ten of section forty-four hundred three of this arti- cle. The] APPROPRIATE PUBLIC AGENCY AS DETERMINED BY THE committee or multidisciplinary team [shall determine which commissioner shall receive the report by considering], BASED UPON the child's [handicapping condi- tion] DISABILITY and physical, mental, emotional and social needs. The committee shall forward additional and updated relevant information to the [commissioner of mental health, commissioner of mental retardation and developmental disabilities, commmissioner of social services, or commissioner of education, or their designees,] APPROPRIATE PUBLIC AGEN- CY upon the request for such information by such [commissioner or desig- nee] AGENCY, WITH THE CONSENT OF THE PARENTS, OR THE STUDENT, IF AGE EIGHTEEN OR OLDER. (c) [Upon receipt of the notice by the child pursuant to this subpara- graph, the child, if eighteen years of age or older, shall be given the opportunity to consent or withhold consent to the release of the rele- vant information. Such opportunity shall be given within twenty days of the receipt of the notice. An appropriate member of the staff of the educational facility shall be available to assist the child, if neces- sary, to understand the contents of the notice and the need for his or her consent for the release of the relevant information. A form, prescribed by the commissioner, shall be presented to the child for response, which shall clearly set forth the options of giving consent or withholding consent. In the event that the child exercises neither option, and the designated member of the staff of the educational facil- ity has reason to believe that the child may not be able to understand the purpose of the form, or in the event that the child is less than eighteen years of age, the committee on special education or the multi- disciplinary team shall give the parent or guardian of the child the opportunity to consent in writing to the release of the relevant infor- mation. Nothing in this clause shall be construed to be a determination of the child's mental capacity. (d)] When the committee or multidisciplinary team is notified by the [commissioner who] PUBLIC AGENCY WHICH received the report that such state agency is not responsible for determining and recommending adult services for the child, the committee or multidisciplinary team shall forward the report to another [commissioner] PUBLIC AGENCY; or, if the committee or multidisciplinary team determines that there exists a dispute as to which state agency has the responsibility for determining and recommending adult services, the committee or multidisciplinary team may forward the report to the council on children and families for a resolution of such dispute. [(e) The committee and multidisciplinary team shall prepare and submit an annual report to the state education department on or before October first of each year. Such annual report shall contain the number of cases submitted to each commissioner pursuant to clause (b) or (d) of this subparagraph, the type and severity of the handicapping condition involved with each such case, the number of notices received which deny responsibility for determining and recommending adult services, and other information necessary for the state education department and the council on children and families to monitor the need for adult services. Such annual report shall not contain individually identifying informa- tion. The state education department shall forward a copy of such annual report to the council on children and families. All information received by the council on children and families pursuant to this subparagraph shall be subject to the confidentiality requirements of the department. S. 5816 17 (f) For purposes of this subparagraph, the term "multidisciplinary team" refers to the unit which operates in lieu of a committee on special education with respect to children in state operated schools. (7)] (6) The committee on special education shall provide a copy of the handbook for parents of children with [handicapping conditions] DISABILITIES established under subdivision eight of section four thou- sand four hundred three of this article or a locally approved [hand- icapped] booklet FOR PARENTS OF CHILDREN WITH DISABILITIES to the parents or person in parental relationship to a child as soon as practi- cable after such child has been referred for evaluation to the committee on special education. S 31. Paragraph a of subdivision 2 of section 4402 of the education law, as amended by chapter 243 of the laws of 1989, is amended to read as follows: a. The board of education or trustees of each school district shall be required to furnish suitable educational opportunities for [children with handicapping conditions] STUDENTS WITH DISABILITIES by one of the special services or programs listed in subdivision two of section forty-four hundred one. The need of the individual child shall determine which of such services shall be rendered. Each district shall provide to the maximum extent appropriate such services in a manner which enables [children with handicapping conditions] STUDENTS WITH DISABILITIES to participate in regular education services when appropriate. Such services or programs shall be furnished between the months of September and June of each year, except that for the nineteen hundred eighty-sev- en--eighty-eight school year and thereafter, with respect to the students whose [handicapping conditions] DISABILITIES are severe enough to exhibit the need for a structured learning environment of twelve months duration to maintain developmental levels, the board of education or trustees of each school district upon the recommendation of the committee on special education [and, in the first instance, the consent of the parent] shall also provide, either directly or by contract, for the provision of special services and programs as defined in section forty-four hundred one of this article during the months of July and August as contained in the individualized education program for each eligible [child] STUDENT, and with prior approval by the commissioner if required; provided that [(i) a student with a handicapping condition who is first eligible to attend public school in the nineteen hundred eight- y-seven--eighty-eight school year shall not be eligible to receive services pursuant to this paragraph during the months of July and August nineteen hundred eighty-seven and (ii) a student with a handicapping condition who is first eligible to attend public school in the nineteen hundred eighty-eight--eighty-nine school year shall not be eligible to receive services pursuant to this paragraph during the months of July and August nineteen hundred eighty-eight and (iii) a student with a handicapping condition who is eligible for services during the months of July and August nineteen hundred eighty-nine pursuant to the provisions of subdivision six of section forty-four hundred ten of this article shall not be eligible to receive services pursuant to this paragraph during such months and (iv)] a student with a [handicapping condition] DISABILITY who is eligible for services, including services during the months of July and August, pursuant to section forty-four hundred ten of this article shall not be eligible to receive services pursuant to this paragraph during the months of July and August. S. 5816 18 S 32. Paragraph d of subdivision 4 of section 4402 of the education law, as amended by chapter 646 of the laws of 1992, is amended to read as follows: d. Notwithstanding any other provision of law, such board shall provide suitable transportation up to a distance of fifty miles to and from a nonpublic school which a [child] STUDENT with a [handicapping condition] DISABILITY attends if such [child] STUDENT has been so iden- tified by the local committee on special education and such [child] STUDENT attends such school for the purpose of receiving services or programs FROM SUCH NONPUBLIC SCHOOL THAT ARE similar to special [educa- tional programs] EDUCATION PROGRAMS AND SERVICES recommended for such [child] STUDENT by the local committee on special education. NOTWITH- STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A NONPUBLIC STUDENT RECEIVING TRANSPORTATION PURSUANT TO THIS PARAGRAPH SHALL NOT BE ENTI- TLED TO SPECIAL EDUCATION PROGRAMS AND SERVICES FROM THE SCHOOL DISTRICT OF LOCATION PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-C OF THIS CHAP- TER. AS A CONDITION OF ELIGIBILITY FOR SUCH TRANSPORTATION, THE PARENT OR PERSON IN PARENTAL RELATION TO THE STUDENT SHALL CONSENT TO THE PROVISION OF NOTICE BY THE SCHOOL DISTRICT OF RESIDENCE TO THE CHAIR- PERSON OF THE COMMITTEE OR SUBCOMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT IN WHICH THE NONPUBLIC SCHOOL IS LOCATED IDENTIFYING SUCH STUDENT, BY NAME, ADDRESS AND SCHOOL OF ATTENDANCE, AS A STUDENT RECEIVING TRANSPORTATION PURSUANT TO THIS PARAGRAPH. THE SCHOOL DISTRICT OF RESIDENCE SHALL PROVIDE SUCH NOTICE NO LATER THAN THIRTY DAYS AFTER COMMENCING SUCH TRANSPORTATION. S 33. Paragraph a of subdivision 1 of section 4404 of the education law, as amended by chapter 430 of the laws of 2006, is amended to read as follows: a. If the parent or person in parental relation of a student, the board of education or trustees of a school district or a state agency responsible for providing education to students with disabilities presents a complaint with respect to any matter relating to the iden- tification, evaluation or educational placement of the student or the provision of a free appropriate public education to the student or a manifestation determination or other matter relating to placement upon discipline of a student with a disability that may be the subject of an impartial hearing pursuant to subsection (k) of section fourteen hundred fifteen of title twenty of the United States code and the implementing federal regulations, and the party presenting the complaint or their attorney provides a due process complaint notice in accordance with federal law and regulations and such complaint sets forth an alleged violation that occurred not more than [two years] ONE YEAR before the date the parent or public agency knew or should have known about the alleged action that forms the basis for the complaint, OR IN THE CASE OF A COMPLAINT SEEKING TUITION REIMBURSEMENT FOR THE UNILATERAL PARENTAL PLACEMENT OF A STUDENT IN A PRIVATE SCHOOL, SUCH TUITION CLAIM IS PRESENTED NOT MORE THAN ONE HUNDRED EIGHTY DAYS FROM THE PLACEMENT BY THE PARENT OR PERSON IN PARENTAL RELATION IN THE PRIVATE SCHOOL, the board or agency shall appoint an impartial hearing officer to review the due process complaint notice when challenged and, if the matter is not resolved in a resolution session that has been convened as required by federal law, to preside over an impartial due process hearing and make a determination within such period of time as the commissioner by regu- lation shall determine, provided that the board of education or trustees shall offer the parent or person in parental relation the option of mediation pursuant to section forty-four hundred four-a of this article S. 5816 19 as an alternative to an impartial hearing. Where the parent or person in parental relation or a school district or public agency presents a complaint, the school district or public agency responsible for appoint- ing the impartial hearing officer shall provide the parent or person in parental relation with a procedural safeguards notice as required pursu- ant to subsection (d) of section fourteen hundred fifteen of title twen- ty of the United States code and the implementing federal regulations. Notwithstanding any provision of this subdivision to the contrary, the time limitation on presenting a complaint shall not apply to a parent or person in parental relation to the student if the parent or person in parental relation was prevented from requesting the impartial hearing due to specific misrepresentations by the school district or other public agency that it had resolved the problem forming the basis of the complaint or due to the school district's or other public agency's with- holding of information from the parent or person in parental relation that was required under federal law to be provided. Nothing in this subdivision shall be construed to authorize the board of education or trustees to bring an impartial hearing to override the refusal of a parent or person in parental relation to consent where a local educa- tional agency is prohibited by federal law from initiating such a hear- ing. S 34. Paragraph a of subdivision 14 of section 305 of the education law, as amended by chapter 273 of the laws of 1999, is amended to read as follows: a. All contracts for the transportation of school children, all contracts to maintain school buses owned or leased by a school district that are used for the transportation of school children, all contracts for mobile instructional units, and all contracts to provide, maintain and operate cafeteria or restaurant service by a private food service management company shall be subject to the approval of the commissioner, who may disapprove a proposed contract if, in his opinion, the best interests of the district will be promoted thereby. Except as provided in paragraph e of this subdivision, all such contracts involving an annual expenditure in excess of the amount specified for purchase contracts in the bidding requirements of the general municipal law shall be awarded to the lowest responsible bidder, which responsibility shall be determined by the board of education or the trustee of a district, with power hereby vested in the commissioner to reject any or all bids if, in his opinion, the best interests of the district will be promoted thereby and, upon such rejection of all bids, the commissioner shall order the board of education or trustee of the district to seek, obtain and consider new proposals. All proposals for such transportation, main- tenance, mobile instructional units, or cafeteria and restaurant service shall be in such form as the commissioner may prescribe. Advertisement for bids shall be published in a newspaper or newspapers designated by the board of education or trustee of the district having general circu- lation within the district for such purpose OR IN THE STATE'S PROCURE- MENT OPPORTUNITIES NEWSLETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT LAW. Such advertisement shall contain a statement of the time when and place where all bids received pursuant to such advertisement will be publicly opened and read either by the school authorities or by a person or persons designated by them. All bids received shall be publicly opened and read at the time and place so specified. At least five days shall elapse between the first publication of such advertisement and the date so specified for the opening and reading of bids. The requirement for competitive bidding shall not apply S. 5816 20 to an award of a contract for the transportation of pupils or a contract for mobile instructional units OR THE PROVISION, MAINTENANCE AND OPERA- TION OF CAFETERIA OR RESTAURANT SERVICE, if such award is based on an evaluation of proposals in response to a request for proposals pursuant to paragraph e of this subdivision. The requirement for competitive bidding shall not apply to annual, biennial, or triennial extensions of a contract nor shall the requirement for competitive bidding apply to quadrennial or quinquennial year extensions of a contract involving transportation of pupils, maintenance of school buses or mobile instruc- tional units secured either through competitive bidding or through eval- uation of proposals in response to a request for proposals pursuant to paragraph e of this subdivision, when such extensions (1) are made by the board of education or the trustee of a district, under rules and regulations prescribed by the commissioner, and, (2) do not extend the original contract period beyond five years from the date cafeteria and restaurant service commenced thereunder and in the case of contracts for the transportation of pupils, for the maintenance of school buses or for mobile instructional units, that such contracts may be extended, except that power is hereby vested in the commissioner, in addition to his existing statutory authority to approve or disapprove transportation or maintenance contracts, (i) to reject any extension of a contract beyond the initial term thereof if he finds that amount to be paid by the district to the contractor in any year of such proposed extension fails to reflect any decrease in the regional consumer price index for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consumers (CPI-U) during the preceding twelve month period; and (ii) to reject any extension of a contract after ten years from the date trans- portation or maintenance service commenced thereunder, or mobile instructional units were first provided, if in his opinion, the best interests of the district will be promoted thereby. Upon such rejection of any proposed extension, the commissioner may order the board of education or trustee of the district to seek, obtain and consider bids pursuant to the provisions of this section. The board of education or the trustee of a school district electing to extend a contract as provided herein, may, in its discretion, increase the amount to be paid in each year of the contract extension by an amount not to exceed the regional consumer price index increase for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consumers (CPI-U), during the preceding twelve month period, provided it has been satisfactorily established by the contractor that there has been at least an equivalent increase in the amount of his cost of operation, during the period of the contract. S 35. Paragraph e of subdivision 14 of section 305 of the education law, as amended by chapter 464 of the laws of 1997, is amended to read as follows: e. Notwithstanding the provisions of any general, special or local law or charter, a board of education or a trustee of a district, pursuant to rules and regulations promulgated by the commissioner, may award a contract for the transportation of pupils or a contract for mobile instructional units OR FOR THE PROVISION, MAINTENANCE AND OPERATION OF CAFETERIA OR RESTAURANT SERVICE BY A PRIVATE FOOD SERVICE MANAGEMENT COMPANY involving an annual expenditure in excess of the amount speci- fied for purchase contracts in the bidding requirements of the general municipal law in compliance with the provisions of paragraph a of this subdivision or subsequent to an evaluation of proposals submitted in response to a request for proposals prepared by or for the board of S. 5816 21 education or trustee of a district. A CONTRACT AWARDED THROUGH A REQUEST FOR PROPOSALS SHALL BE AWARDED BASED ON BEST VALUE IN ACCORDANCE WITH SUBDIVISION ONE-B OF SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW. The commissioner, in addition to his existing statutory authority to approve or disapprove transportation contracts, may reject any award of a transportation contract or a contract for mobile instruc- tional units that is based on an evaluation of proposals submitted in response to a request for proposals if he finds that (1) the contractor is not the most responsive to the request for proposals, or (2) that the best interests of the district will be promoted thereby. S 36. Section 103 of the general municipal law is amended by adding a new subdivision 1-b to read as follows: 1-B. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRARY, THE TRUSTEES OR BOARD OF EDUCATION OF A SCHOOL DISTRICT OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY DETERMINE THAT IT IS IN THE BEST INTEREST OF THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA- TIONAL SERVICES TO ADOPT A POLICY AUTHORIZING THE AWARD OF CONTRACTS FOR SERVICES ON THE BASIS OF BEST VALUE AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW TO RESPONSIVE AND RESPONSIBLE OFFERS. SUCH A CONTRACT FOR SERVICES MAY BE AWARDED ON THE BASIS OF BEST VALUE PROVIDED THAT THE CONTRACTING PROCESS AND AWARD SHALL COMPLY WITH THE GUIDELINES ESTABLISHED UNDER SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW BY THE STATE PROCUREMENT COUNCIL. ANY PROCUREMENT MADE UNDER THIS SUBDIVISION SHALL BE APPROVED BY THE TRUSTEES OR BOARD OF EDUCATION OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AS APPLICA- BLE. THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO CONTRACTS SUBJECT TO THE PROVISIONS OF SUBDIVISION FOURTEEN OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW, TO THE EXTENT PROVIDED IN SUCH SUBDI- VISION FOURTEEN OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW. S 37. Subdivision 2 of section 103 of the general municipal law, as amended by section 5 of part X of chapter 62 of the laws of 2003, is amended to read as follows: 2. Advertisement for bids shall be published in the official newspaper or newspapers, if any, or otherwise in a newspaper or newspapers desig- nated for such purpose OR IN THE STATE'S PROCUREMENT OPPORTUNITIES NEWS- LETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT LAW. Such advertisement shall contain a statement of the time when and place where all bids received pursuant to such notice will be publicly opened and read, and the designation of the receiving device if the political subdivision or district has authorized the receipt of bids in an electronic format. Such board or agency may by resolution designate any officer or employee to open the bids at the time and place specified in the notice. Such designee shall make a record of such bids in such form and detail as the board or agency shall prescribe and present the same at the next regular or special meeting of such board or agency. All bids received shall be publicly opened and read at the time and place so specified. At least five days shall elapse between the first publication of such advertisement and the date so specified for the opening and reading of bids. S 37-a. Subdivision 2 of section 103 of the general municipal law, as amended by chapter 296 of the laws of 1958, is amended to read as follows: 2. Advertisement for bids shall be published in the official newspaper or newspapers, if any, or otherwise in a newspaper or newspapers desig- nated for such purpose OR IN THE STATE'S PROCUREMENT OPPORTUNITIES NEWS- LETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT S. 5816 22 LAW. Such advertisement shall contain a statement of the time when and place where all bids received pursuant to such notice will be publicly opened and read. Such board or agency may by resolution designate any officer or employee to open the bids at the time and place specified in the notice. Such designee shall make a record of such bids in such form and detail as the board or agency shall prescribe and present the same at the next regular or special meeting of such board or agency. All bids received shall be publicly opened and read at the time and place so specified. At least five days shall elapse between the first publication of such advertisement and the date so specified for the opening and reading of bids. S 38. Subdivision 1 of section 6-0107 of the environmental conserva- tion law, as added by chapter 433 of the laws of 2010, is amended to read as follows: 1. In addition to meeting other criteria and requirements of law governing approval, development, financing and state aid for the construction of new or expanded public infrastructure or the recon- struction thereof, no state infrastructure agency shall approve, under- take, support or finance a public infrastructure project, including providing grants, awards, loans or assistance programs, unless, to the extent practicable, it is consistent with the relevant criteria speci- fied in subdivision two of this section. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION OR ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY, PROJECTS FOR THE RECONSTRUCTION, RENOVATION, REPAIR OR IMPROVEMENT OF EXISTING PUBLIC SCHOOL FACILITIES OR EXISTING LIBRARY FACILITIES, AND PROJECTS FOR THE CONSTRUCTION OF NEW OR EXPANDED PUBLIC SCHOOL OR LIBRARY FACILITIES IN CITIES HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR MORE, SHALL NOT BE DEEMED PUBLIC INFRASTRUCTURE PROJECTS SUBJECT TO THE REQUIREMENTS OF THIS ARTI- CLE. S 39. Subparagraph 1 of paragraph (b) and paragraphs (c) and (d) of subdivision 20 of section 375 of the vehicle and traffic law, subpara- graph 1 of paragraph (b) as amended by chapter 242 of the laws of 1992, paragraph (c) as amended by chapter 96 of the laws of 1973 and paragraph (d) as amended by chapter 567 of the laws of 1985, are amended to read as follows: (1) In addition to such signal lamps, two signs shall be conspicuously displayed on the exterior of every such omnibus designating it as a school omnibus by the use of the words "SCHOOL BUS" which shall be painted or otherwise inscribed thereon in black letters. Such letters shall be of uniform size, at least eight inches in height, and each stroke of each letter shall be not less than one inch in width. The background of each such sign shall be painted [the color known as "national school bus chrome." ] ON A BACKGROUND OF RETRO REFLECTIVE NATIONAL SCHOOL BUS YELLOW MATERIAL. THE MATERIAL SHALL BE THE SAME QUALITY AND TYPE AS FEDERAL MOTOR VEHICLE SAFETY STANDARDS REQUIRES FOR THE MARKING OF EMERGENCY EXITS. For each such omnibus having a seating capacity in excess of fifteen children, such signs shall be securely mounted on top of such vehicle, one of which shall be affixed on the front and one on the rear thereof. For each such omnibus having a seat- ing capacity of not more than fifteen children, such signs shall be securely mounted on top of such vehicle, one of which shall face the front and one of which shall face the rear thereof. Each such sign shall be visible and readable from a point at least two hundred feet distant. (c) [In the event such vehicle is operated on a public highway during the period between one-half hour after sunset and one-half hour before S. 5816 23 sunrise, the signs required by paragraph (b) of this subdivision shall be illuminated as to be visible from a point at least five hundred feet distant. (d)] Every such omnibus shall be equipped as provided in paragraphs (a) and (b) of this subdivision, [and such signs shall be displayed and illuminated in accordance with paragraphs (b) and (c) of this subdivi- sion,] and such signal lamps shall be operated as provided in paragraph (a) of this subdivision at all times when such omnibus shall be engaged in transporting pupils to and from school or school activities or in transporting children to and from child care centers maintained for children of migrant farm and food processing laborers, or in transport- ing children to and from camp or camp activities or transporting chil- dren to and from religious services or instruction or transporting persons with disabilities on any such omnibus used by any state facility or not-for-profit agency licensed by the state. S 40. Subdivision 15 of section 353 of the executive law is REPEALED. S 40-a. Subdivisions 2 and 3 of section 810 of the education law are REPEALED. S 41. The commissioner of education, in consultation with the office of the state comptroller, shall conduct a study of the feasibility and desirability of authorizing school districts and boards of cooperative educational services to enter national credit card contracts as a cost- saving measure, with appropriate safeguards. The commissioner shall submit a report to the board of regents, the governor and the legisla- ture by no later than January 15, 2012, with recommendations on whether and under what conditions such credit card contracts should be author- ized and identifying any legislative or regulatory changes that would be needed to authorize such credit card contracts. S 42. This act shall take effect July 1, 2011; provided, however, if this act shall become a law after such date it shall take effect imme- diately and shall be deemed to have been in full force and effect on and after July 1, 2011; provided further that: a. the amendments to subdivision 2 of section 3602-c of the education law made by section twenty-six of this act shall not affect the expira- tion of such subdivision and shall expire therewith; b. the amendments to subdivision 7 of section 3602-c of the education law made by section twenty-seven of this act shall not affect the expi- ration of such subdivision and shall expire therewith; b-1. the amendments to paragraph a of subdivision 1 of section 4404 of the education law made by section thirty-three of this act shall not affect the expiration of such subdivision and shall expire therewith; c. the amendments to paragraph a of subdivision 14 of section 305 of the education law made by section thirty-four of this act shall not affect the expiration of such paragraph and shall expire therewith; d. the amendments to paragraph e of subdivision 14 of section 305 of the education law made by section thirty-five of this act shall not affect the repeal of such paragraph and shall be deemed repealed there- with; and e. the amendments to subdivision 2 of section 103 of the general municipal law made by section thirty-seven of this act shall be subject to the expiration and reversion of such subdivision pursuant to subdivi- sion (a) of section 41 of part X of chapter 62 of the laws of 2003, as amended, when upon such date the provisions of section thirty-seven-a of this act shall take effect.
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