Assembly Bill A8621A

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

                                  8621

                          I N  A S S E M B L Y

                            January 28, 2014
                               ___________

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

AN ACT to amend the education law, in relation to requiring  public  and
  private  schools to provide to the commissioner of education copies of
  their current certificate of occupancy and  most  recent  fire  safety
  report  prior to receipt of apportionment funds or a Basis Educational
  Data System code

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

  Section  1.  Section 552 of the education law, as added by chapter 414
of the laws of 1972, is amended to read as follows:
  S 552. Applications, reports, regulations.    Each  qualifying  school
which  seeks  an  apportionment pursuant to this article shall submit to
the commissioner an application therefor, at such times,  in  such  form
and  containing  such  information as the commissioner may by regulation
prescribe in order to carry out the purposes  of  this  article.    Such
applications  shall  include an audited statement of the expenditures of
maintenance and repair of such qualifying school for the  base  year,  A
COPY OF THE QUALIFYING SCHOOL'S CURRENT CERTIFICATE OF OCCUPANCY AND USE
ISSUED  BY THE MUNICIPALITY IN WHICH THE SCHOOL BUILDING IS LOCATED, AND
A COPY OF THE MOST RECENT FIRE SAFETY REPORT PURSUANT TO  SECTION  EIGHT
HUNDRED  SEVEN-A  OF  THIS CHAPTER. A TEMPORARY CERTIFICATE OF OCCUPANCY
AND USE DOES NOT SATISFY THE REQUIREMENTS OF THIS SECTION.
  S 2. The education law is amended by adding a  new  section  409-l  to
read as follows:
  S 409-L. NON-PUBLIC SCHOOL BUILDING REQUIREMENTS IN RELATION TO HEALTH
AND  SAFETY. 1. PRIOR TO THE ISSUANCE OF A BASIS EDUCATIONAL DATA SYSTEM
(BEDS) CODE TO A NON-PUBLIC  SCHOOL,  THE  NON-PUBLIC  SCHOOL  SHALL  BE
REQUIRED  TO SUBMIT TO THE COMMISSIONER, AT MINIMUM, VALID COPIES OF THE
FOLLOWING:
  (A) A CERTIFICATE OF INCORPORATION;
  (B) A CURRENT CERTIFICATE OF OCCUPANCY AND USE ISSUED BY  THE  MUNICI-
PALITY WHERE THE SCHOOL BUILDINGS ARE LOCATED;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13249-02-4
              

A. 8621                             2

  (C) A RECENT FIRE INSPECTION COMPLETED BY AN ELIGIBLE AUTHORITY PURSU-
ANT TO SUBDIVISION THREE OF SECTION EIGHT HUNDRED SEVEN-A OF THIS TITLE;
  (D) A STATEMENT OF THE MAXIMUM CAPACITY OF THE BUILDING BEING USED FOR
EDUCATIONAL PURPOSES AS SET BY THE LOCAL GOVERNMENT; AND
  (E)  A  LIST  OF  ADDITIONAL  OCCUPANTS  AT THE SAME ADDRESS THAT IS A
REGISTERED NON-PUBLIC SCHOOL.
  2. A TEMPORARY CERTIFICATE OF OCCUPANCY AND USE DOES NOT  SATISFY  THE
REQUIREMENTS OF THIS SECTION.
  3. NOTHING IN THIS SECTION SHALL LIMIT THE COMMISSIONER'S AUTHORITY TO
REQUIRE  ADDITIONAL  DOCUMENTATION  FROM  NON-PUBLIC  SCHOOLS  AS DEEMED
NECESSARY.
  4. ON OR BEFORE DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  FOURTEEN,  ALL
NON-PUBLIC  SCHOOLS  THAT CURRENTLY HAVE A BASIS EDUCATIONAL DATA SYSTEM
(BEDS) CODE REGARDLESS OF WHEN IT WAS FIRST  ISSUED  SHALL  PROVIDE  THE
VALID COPIES OF THE ITEMS PURSUANT TO SUBDIVISION ONE OF THIS SECTION TO
THE  DEPARTMENT.  A FAILURE TO PROVIDE THESE DOCUMENTS BY DECEMBER THIR-
TY-FIRST, TWO THOUSAND FOURTEEN WILL RESULT  IN  REIMBURSEMENTS  TO  THE
NON-PUBLIC SCHOOL BEING WITHHELD AND IF NOT RECEIVED WITHIN NINETY DAYS,
AT THE DISCRETION OF THE COMMISSIONER, CAN RESULT IN A REVOCATION OF THE
SCHOOL'S BASIS EDUCATIONAL DATA SYSTEM (BEDS) CODE.
  S 3. This act shall take effect immediately.