senate Bill S5557A

2013-2014 Legislative Session

Establishes Earth day; relates to mandate relief for school districts; relates to provision of special education programs and services; repealers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 05, 2014 print number 5557a
amend (t) and recommit to education
Jan 08, 2014 referred to education
May 30, 2013 reported and committed to finance
May 20, 2013 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

S5557 - Bill Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Rpld §4402 sub 1 ¶b sub¶ 3 cl (h) & (d-2), sub 1 ¶b sub¶ 1 cl (d), 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

S5557 - Bill Texts

view summary

Establishes Earth day; relates to mandate relief for school districts; relates to the provision of special education programs and services parentally placed in non-public schools through dual enrollment; eliminates requirement that the commissioner of education make appointments to the state-supported schools; relates to the committee on special education membership requirements; eliminates the requirement for written parental consent prior to placement of a student with a disability in July/August program; relates to transportation of students with disabilities parentally placed in private school; establishes that all school districts are approved evaluators of preschool students suspected of having a disability; relates to the statute of limitations for special education due process hearings; relates to committee on preschool special education; relates to the selection of a preschool evaluator; relates to referrals of state adult service agencies for certain students with disabilities who have reached the age of 18; relates to giving school districts or boards of cooperative educational services the option of advertising procurement bids in the state's opportunities newsletter; relates to the state smart growth public infrastructure criteria; relates to school omnibus signs complying with federal motor vehicle safety standards.

view sponsor memo
BILL NUMBER:S5557

TITLE OF BILL: An act to amend the education law, in relation to
establishing Earth day; to amend the education law, in relation to
mandate relief for school districts and certain other educational
entities; to amend the education law, in relation to removing
references to subcommittees on special education; to amend the
education law, in relation to the provision of special education
programs and services to students parentally placed in non-public
schools through dual enrollment in the public schools; to amend the
education law, in relation to eliminating the requirement that the
commissioner of education make appointments to state-supported
schools; to amend the education law, in relation to the committee on
special education membership requirements; to amend the education law,
in relation to eliminating the requirement for written parental
consent prior to initial placement of a student with a disability in a
July/August program; to amend the education law, in relation to
transportation of students with disabilities parentally placed in a
private school; to amend the education law, in relation to
establishing that all school districts are approved evaluators of
preschool students suspected of having a disability; to amend the
education law, in relation to the statute of limitations for special
education due process hearings; to amend the education law, in
relation to the committee on preschool special education membership;
to amend the education law, in relation to the selection of a
preschool evaluator; to amend the education law, in relation to
referrals to state adult service agencies for certain students with
disabilities who have reached the age of 18; to amend the education
law and the general municipal law, in relation to giving school
districts or boards of cooperative educational services the option of
advertising procurement bids in the state's opportunities newsletter;
to amend the environmental conservation law, in relation to the state
smart growth public infrastructure criteria; to amend the vehicle and
traffic law, in relation to school omnibus signs complying with
federal motor vehicle safety standards; to repeal paragraph d of
subdivision 4 of section 3641 of the education law relating to special
apportionments to school districts; to repeal subdivision 15 of
section 353 of the executive law relating to the duties of the
director of the division of veterans' affairs; to repeal clause (h) of
subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the
education law relating to reports on certain children of Vietnam
veterans; to repeal clause (d) of subparagraph 1 of paragraph b of
subdivision 1 of section 4402 of the education law relating to
subcommittees on special education; and to repeal clause (d-2) of
subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the
education law relating to the requirement that boards of education
develop plans and policies for appropriate declassification of
students with disabilities

Purpose of the Bill:

The proposed legislation would eliminate or reduce a significant
number of legislative mandates and provide greater flexibility
relating to transportation, educational management services and
special education requirements.

Summary of the Provisions of the Bill:


Section 1 would amend § 810 of the Education Law to eliminate the
requirement that public schools assemble their students on
Conservation Day to provide instructionally related activities related
to conservation. Instead, this section provides districts with
flexibility in celebrating Earth Day.

Section 2 would add a new paragraph to § 1950(4) of the Education Law
to clarify that BOCES have the authority to contract for
telecommunications equipment on behalf of their component school
districts.

Section 3 would add a new subdivision (3-b) to § 3035 of the Education
Law to eliminate duplicative fingerprints for school bus drivers.
Currently, the State requires a second set of fingerprints for school
bus drivers who have already been certified under § 509-cc of the
vehicle and traffic law. This section also authorizes the Division of
Criminal Justice to provide subsequent criminal history notifications
directly to the Commissioner upon notification that a prospective
employee has been cleared for employment.

Section 4 would repeal § 3641(4)(d) to eliminate state requirements
for reporting beyond the federal requirements of the Asbestos Hazard
Emergency Response Act (AHERA).

Sections 5 and 6 would amend § 305(14)(a) of the Education Law to
authorize that certain contracts may be advertised in the state's
procurement opportunities newsletter in accordance with article 4-C of
the economic development law and to eliminate the that contracts for
the maintenance and operation of cafeteria or restaurant services be
competitively bid.

Section 7 would amend § 305(14)(e) of the Education Law to allow for
transportation and cafeteria contracts to be awarded through a request
for proposals process based on "best value". Currently, State law
requires the awarding of school district contracts to lowest,
responsible bidders. For complex technical and service contracts, this
would allow districts to consider other factors in awarding contracts.
This might include costs, such as conversion costs, rather than solely
the price bid for a product.

Section 8 would amend § 305(14) of the Education Law to add a new
paragraph (g) to authorize the piggybacking of transportation
contracts between districts that contract with a private
transportation contractor.

Sections 9 and 10 would amend § 103(2) of the general municipal law to
provide local governments with the option of advertising procurement
bids in the state's opportunities newsletter.

Section 11 would amend § 6-0107(1) of the environmental conservation
law to eliminate compliance with the smart growth legislation adopted
as Chapter 433 of the Laws of 2010 for reconstruction projects,
renovations, repairs or improvements 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 more than 125,000 inhabitants.


Section 12 would amend § 375(20) of the vehicle and traffic law to
eliminate the requirement for back-lit school bus signs. This would
encourage districts to replace such back-lit school bus signs with
federally compliant reflective materials, consistent with the
provision currently in place in 48 out of 50 states. This section does
not require the retrofitting of school buses purchased prior to the
effective date of this act.

Section 13 would repeal § 353(15) of the executive law which requires
school districts to provide a form to parents of certain children with
disabilities who are veterans of the Vietnam war for a report to the
Division of Veterans' Affairs for research purposes.

Section 14 would authorize a study of the feasibility and desirability
of authorizing school districts and boards of cooperative educational
services (BOCES) to enter national credit card contracts as a
cost-saving measure, with appropriate safeguards. Such contracts could
potentially provide cost savings or revenues for districts,
particularly where rebates are offered based on volume of purchases.

Section 15 would amend § 2590-b(4)(b)(2) and sections 16 and 17 would
amend § 2853(4)(a) of the Education Law to make conforming changes to
remove references to subcommittees on special education.

Section 18 would amend § 3602-c of the Education Law to clarify the
definition of services and provide that special education services for
such students do not include special classes or integrated
co-teaching. The bill would clarify that responsibilities for July and
August services are though the students' school district of location.
This provision would also change the date from June 1 to April 1 for a
parent to request special education services. Finally, the section
would make mediation mandatory where due process complaints are sought
prior to any request for an impartial hearing.

Section 19 would amend § 3602-c(7) of the Education Law to establish
regional rate methodologies for billing to districts for costs of
services, evaluations and special education administration.

Section 20 would amend § 4002(2)(e) to remove references to the
Commissioner of Education's authority to appoint students to
state-supported schools.

Section 21 would amend § 4201 of the Education Law to remove the
authority of the Commissioner of Education to make appointments to
state-supported schools.

Section 22 of the bill would amend § 4203 of the Education Law and
section 23 would amend § 4204(3) of the Education Law to remove
references to the Commissioner of Education's authority to appoint
student to state-supported schools and to clarify that placement of
pupils to institutions for instruction of the deaf may be recommended
by the committee on special education, or committee on preschool
special education where applicable, of the school district responsible
for educating the pupil, and may include the provision of special
education programs and services in July or August in accordance with
the provisions of § 4402(2)(a).


Section 24 would amend § 4206 of the Education Law to remove
references to the Commissioner of Education's authority to appoint
students to institutions for the instruction of the blind and would
clarify that placement in such institutions may be recommended by the
committee on special education, or committee on preschool special
education where applicable, of the school district responsible for
educating such pupil, and may include the provision of special
education programs and services in July or August in accordance with
the provisions of § 4402(2)(a).

Section 25 would amend § 4207 of the Education Law to remove the
Commissioner of Education's authority for appointments to the New York
Institute for Special Education and provides that the committee on
special education of the school district responsible for the education
of the pupil, with the consent of the trustees of the New York
Institute for Special Education has the authority to recommend
extension of the term of any pupil attending the institution.

Section 26 would amend § 4213 of the Education Law to conform language
and remove references of appointments to the New York Institute for
Special Education.

Section 27 would amend § 4401(2)(d) of the Education Law, section 30
would amend § 4402(2)(b)(2) of the Education Law and section 34 would
amend § 4403(17) of the Education Law to conform language and remove
references of appointments by the Commissioner of Education to
state-supported schools.

Section 28 and 29 would amend § 4402(1)(b)(2), section 31 would amend
§ 4402(1)(b) (3a) and section 33 would amend § 4403(8) and (9) of the
Education Law to make conforming changes to remove references to
subcommittees on special education.

Section 32 would repeal § 4402(l)(b)(3)(h) of the Education Law to
remove the requirement to file certain reports on students with
disabilities who are the children of Vietnam Veterans.

Sections 35 and 36 would amend § 4402(1)(b)(1)(a), (b) and (c) of the
Education Law to eliminate the requirement that the committee on
special education membership must include a school physician. This
section would also limit the mandatory requirement for a school
psychologist to serve on the committee on special education, to those
meetings which determine a student's initial eligibility for special
education services. In addition, this section eliminates the
requirement that there be an additional parent member on the committee
on special education unless requested, in writing, at least
seventy-two hours before the meeting.

Section 37 would repeal § 4402(l)(b)(1)(d) of the Education Law
relating to subcommittees on special education.

Section 38 would repeal § 4402(1)(b)(3)(d-2) of the Education Law
requiring boards of education to develop plans and policies for
appropriate declassification of students with disabilities.

Section 39 would amend § 4402(1)(b)(5) and (7) of the Education Law to
eliminate the requirement that the committee on special education or


multidisciplinary team provide written notice that a child placed in a
residential program in not entitled to receive tuition free
educational services after the age of 21 or upon receipt of a high
school diploma. Instead, this section would provide, at the first
annual review of a student with a disability placed in a residential
program or a student determined by the committee on special education
or multidisciplinary team likely to require adult residential services
after the student has attained the age of 18, for the development of
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 Health (OMH) or the Office
for People with Developmental Disabilities (OPWDD) 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 40 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 41 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 non-public 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.

Section 42 would amend § 4404(1)(a) of the Education Law to provide
that a due process hearing must be requested within one year of the
date the parent or district had knowledge of the underlying issue with
an exception that for parents seeking tuition reimbursement such
request must be made within 180 days of the date the parent placed
his/her child in the private school.

Sections 43 and 44 would amend § 4410(3)(a)(1) of the Education Law to
conform the provisions relating to the additional parent member of a
preschool committee on special education to the procedures established
by Chapter 276 of the Laws of 2012 relating to the additional parent
members of committees on special education. As with the school-age
committees on special education, these sections would provide that the
additional parent member need not be in attendance at any meeting of
the preschool committee on special education unless specifically
requested in writing, at least seventy-two hours prior to such meeting
by the parents or other person in. parental relation to the student in
question, the student, or a member of the preschool committee on
special education. The parents or persons in parental relation of the
student in question would be required to receive proper written notice
of their right to have an additional parent attend any meeting of the
committee regarding the student along with a statement, prepared by
the department, explaining the role of having the additional parent
attend the meeting.


Section 45 would amend § 4410(4)(b) of the Education Law to repeal the
requirement that the parent selects the preschool evaluator. The bill
would replace this provision with the requirement that each board
shall, within the time limits established by the commissioner. be
responsible for providing the parent of a preschool child suspected of
having a disability, with a list of approved evaluators in the
geographic area. This section would also require that the school
district consider the parent's expressed preference, if any, in the
selection of the evaluator.

Section 46 would amend § 4410(9-a) of the Education Law to establish
that all school districts are approved evaluators of preschool
students suspected of having a disability without the need to submit
an application to the state education department.

Section 47 would amend § 4410-b(l)(c) of the Education Law to conform
language and remove references to subcommittees on special education.

Section 48 is the effective date. This section also provides that
nothing in section 12 shall be construed to require the retrofitting
of school buses purchased prior to the effective date of the act.

Statement in Support of the Bill:

As school districts adjust to challenging fiscal conditions at all
levels of government, mandate relief becomes vital in order to
preserve funding for critical priorities. While many mandates were
originally enacted to enhance the rights, protections and performance
of students and the fiscal accountability of school districts, not all
mandates have produced their intended results. In these fiscal times,
it is imperative that a thoughtful and targeted series of changes be
made to repeal mandates that have grown too burdensome and costly and
which are not essential to improving results for students.

The proposed legislation would eliminate or reduce a significant
number of legislative mandates and provide greater flexibility
relating to transportation, educational management services and
special education.

Transportation Mandate Relief:

The bill amends § 3035 of the Education Law to eliminate duplicative
fingerprints for school bus drivers. Currently, the State requires a
second set of fingerprints for school bus drivers who have already
been certified under § 509-cc of the vehicle and traffic law. This
provision would authorize the Department of Motor Vehicles to forward
a copy of a prospective employee's criminal history record and
fingerprints to the commissioner of education to complete the
Department's review of the prospective employee. Upon notification
that the employee has been cleared for employment by the commissioner,
the Division of Criminal Justice Services would have the authority to
provide any additional subsequent criminal history notifications
directly to the commissioner.

Proposed amendments to § 305(14)(a) of the Education Law would
authorize contracts for the transportation of school children, to
maintain school buses owned or leased by a school district, contracts


for mobile instructional units, and contracts to provide, maintain and
operate cafeteria or restaurant service by a private food service
management company to be advertised in the state's procurement
opportunities newsletter in accordance with article 4-C of the
economic development law. This is anticipated to provide greater
visibility for procurement opportunities and as a result, increase
competition and ultimately result in anticipated cost-savings to the
district.

Section 375(20) of the Vehicle and Traffic Law would be amended to
eliminate the requirement for back-lit school bus signs. This would
encourage districts to replace such back-lit school bus signs with
federally compliant reflective materials, consistent with the
provision currently in place in 48 out of 50 states. This provision
would not require school buses purchased prior to the effective date
of this act, to be retro-fitted to comply with this provision.

Educational Management Services Mandate Relief:

The proposed legislation would provide operational efficiencies for
Boards of Cooperative Educational Services (BOCES) and school
districts.

Currently, BOCES can operate service school district equipment used
for telecommunications, and technology services and computer networks,
and can engage in cooperative purchasing. Several BOCES already offer
the ability to contract for telecommunications on behalf of their
component districts as a Cooperative Service (CoSer). When procuring
high-tech equipment, this act would allow BOCES to coordinate
contracts for these purchases on one or more school districts behalf,
ensuring that the school district equipment is compatible with BOCES
telecommunication and network equipment and allowing BOCES and
district personnel to efficiently service the equipment.

Amendments to § 305(14)(e) of the Education Law and § 103 of the
general municipal law would eliminate the requirement that contracts
for maintenance and operation of cafeteria or restaurant services be
competitively bid. Instead, this act would allow these contracts and
transportation contracts to be awarded through a request for proposals
process by "best value" consistent with Chapter 2 of the Laws of 2012.
For complex technical and service contracts, this would allow
districts to consider other factors in awarding contracts. This might
include costs, such as conversion costs, rather than solely the price
bid for a product. Section 103 of the general municipal law is also
amended to provide school districts with the option of publishing
procurement notices in the Contract Reporter instead of publishing in
newspapers. Under current law districts are required to advertise in
official newspapers designated by the board of education when placing
legal notices. This option would reduce advertising costs and provide
access to a greater audience leading to greater interest and
ultimately better pricing for districts.

The proposed amendment to § 305(14) of the Education Law would expand
a school district and/or BOCES authority to purchase transportation
services by authorizing the piggybacking of transportation contracts
between districts that contract with a private transportation


contractor. This amendment would create efficiencies and cost-savings
to districts and BOCES across the State.

The bill would authorize a study of the feasibility and desirability
of authorizing school districts and BOCES to enter national credit
card contracts as a cost-saving measure, with appropriate safeguards.
Such contracts could potentially provide cost savings or revenues for
districts, particularly where rebates are offered based on volume of
purchases.

Education Law § 3641(4)(d) is repealed to eliminate state requirements
for reporting beyond the federal requirements of the Asbestos Hazard
Emergency Response Act (AHERA). AHERA requires all public and
non-public elementary schools to develop and implement measures to
determine if asbestos is present and how to manage and safely monitor
it over time. The state has enacted additional laws over and above the
federal mandate. The capital planning process already 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 code. As
asbestos monitoring and compliance with AHERA is a federal
responsibility administered by the EPA, safeguards are already in
place and enactment of this provision would reduce a duplicative
burden upon the department and school districts.

The bill also eliminates the mandate for school districts to observe
Conservation Day and assemble students and provide instructionally
related activities on that day. Instead, the bill replaces
Conservation Day with Earth Day and gives districts the flexibility to
find the best utilization of their curriculum and resources to embed
instruction related to the earth's natural environment sometime during
the academic year of instruction.

Finally, section 6-0107(1) of the environmental conservation law is
amended to eliminate compliance with the "Smart Growth" legislation
enacted pursuant to Chapter 433 of the Laws of 2010 for improvements
to existing structures. Under current statute, all school districts
must conduct "Smart Growth Impact Statements" to ensure capital
construction projects are aligned with recently developed smart growth
criteria to avoid urban sprawl and reduce urban blight. The first
criterion of the "Smart Growth Criteria" is to encourage the reuse of
existing. infrastructure thereby negating need for new development.
Since nearly 95% of school projects involve the rehabilitation of
existing facilities for continued use as schools, the bill eliminates
an onerous and unnecessary mandate on districts and State Education
Department staff by eliminating "Smart Growth Impact Statements."

Special Education Mandate Relief:

The repeal and amendments to the special education provisions
recommended in this legislation will provide both potential cost
savings as well as necessary relief from administrative tasks and
increased flexibility on how schools may best utilize their existing.
resources while continuing to provide procedural protections and
ensure that students with disabilities receive a free appropriate
public education as required by federal law.


The proposed amendments to § 3602-c of the Education Law relating to
the provision of special education to parentally-placed nonpublic
schools are based on recommendations made by a group of
representatives of nonpublic school, parents, teachers,
superintendents of schools, school administrators and school board
members convened by SED to discuss how changes to state law would
result in time, cost and service provision efficiencies, while
balancing the need of school districts to avoid unnecessary costs,
reduce disputes over billing issues and due process complaints and
have timely notice that districts need to budget and make arrangement
for services to dually enrolled students with disabilities.
Specifically, the bill would clarify the definition of education
services and provide that special education services for such students
do not include special classes or integrated co-teaching; clarify that
responsibilities for July and August services are through students'
school district of location; change the date from June 1 to April 1
for a parent to request special education services from the district
of location; specify that if a student is first identified as a
student with a disability after June 1, the parent would have 30 days
from the development of the individualized education services program
(ÅSP) to file a request for services with the district of location. 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 where due process complaints are
sought prior to any request for an impartial hearing and require the
commissioner to establish a timeframe under which the mediation
session must be conducted so as not to delay a parent's right to due
process.

This bill would also authorize the commissioner of education to
establish regional rate methodologies that districts may use for
billing to districts for costs of services, evaluations and special
education administration for parentally-placed students with
disabilities. 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 section would also make a
technical correction to remove language that suggests that a
chargeback may be made for due process costs, to conform to authorized
costs designated in Education Law § 3602-c(7)(b). These amendments
address concerns expressed by school officials about the burden and
costliness of having to compute costs on an individual basis through
the proposal that the State establish regional rates for certain
evaluations and services which the districts would have the option of
using. Further, the proposed amendments to § 3602c(7) would provide
districts of location one year from the end of the school year in
which costs are incurred to bill for the cots, 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.

In addition, the bill would make a related amendment to Education Law
§ 4402(4)(d), to provide that where the board of education of a


student's school district of residence provides transportation up to a
distance of 50 miles to and from a non-public school which a student
identified with a disability attends for the purpose of receiving
services or programs from the non-public 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.

Amendments to § 4402(1)(b)(1) of the Education Law would more closely
align the membership of the CSE to the federal individualized
education program (IEP) team membership by repealing the requirement
that the CSE membership must include a school physician. The amendment
would limit the mandatory requirement for a school psychologist to
serve on the committee on special education, to those meetings which
determine a student's initial eligibility for special education
services. The Department anticipates costs savings resulting from an
elimination of reimbursement costs for those districts that provide
such reimbursements for additional parent members, for costs
associated with the participation of the school psychologist at every
meeting in addition to the meeting to determine a student's initial
eligibility for special education and for costs of rescheduling
meetings when the school psychologist is not available to attend the
scheduled meetings.

Amendments to Education Law § 4410(3)(a)(1) relating to the additional
parent members of preschool committees on special education would
extend the procedures established by Chapter 276 of the Laws of 2012
for additional parent members of committees on special education to
committees on preschool special education (CPSEs). Chapter 276
provided mandate relief by specifying that the additional parent
member need not be in attendance at any meeting of the committee on
special education unless specifically requested in writing, at least
seventy-two hours prior to such meeting by the parents or other person
in parental relation to the student in question, the student, or a
member of the committee on special education. This bill would
establish identical procedures for additional parent members of CPSEs
that would allow school districts to hold CPSE meetings without the
additional parent member where the parent has not requested that an
additional parent member attend, thereby making scheduling of a CPSE
meeting easier and less burdensome for school districts while
preserving the right of parents to have an additional parent member
present when they believe that to be beneficial.

Amendments to § 4410(4)(b) of the Education Law would repeal the
requirement that parents may select the preschool evaluator and
replace it with the requirement that the school district must, after
providing the parent with a list of approved preschool evaluators and
after obtaining parental consent to evaluate, arrange for an
evaluation by the service provider selected by the district who can


provide the evaluation of the student within the timeline required by
the Sate. In selecting the evaluator, the district must consider the
parent's expressed preference, if any, for the evaluator. The bill
would also provide relief to the State and to districts by amending
4410(9-a) of the Education Law to establish that all school districts
are approved evaluators of preschool students suspected of having a
disability without the need to submit an application to SED, providing
administrative relief to districts while at the same time addressing
the programmatic need for more approved evaluators of preschool
children to ensure their timely evaluations.

Section 4402(2)(a) of the Education Law is amended 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. This
requirement for parental consent is not required by federal law.

Section 4404(1)(a) of the Education Law is amended to provide that a
due process hearing must be requested within one year of the date the
parent or district had knowledge of the underlying issue. The
amendment provides for exceptions as required by federal law and with
an exception that for parents seeking tuition reimbursement that such
request must be made within 180 days of the date the parent placed his
or her child in the private school. When a claim encompasses multiple
school years, the record in an impartial hearing, can become
voluminous and the cost of defending the complaint rises.

Section 4002(2)(e) of the Education Law would be amended to remove
references to the Commissioner of Education's authority to appoint
students to state-supported schools. Conforming changes would be made
to §§ 4201, 4203, 4401(2) and 4402(2)(b)(2) of the Education Law.
Section 4204(3) of the Education Law would also be amended to remove
references to the Commissioner's authority to appoint student to
state-supported schools and to clarify that placement of pupils to
institutions for instruction of the deaf may be recommended by the CSE
or CPSE where applicable, of the school district responsible for
educating the student, and may include the provision of special
education programs and services in July or August in accordance with
the provisions of § 4402(2)(a). Similarly, § 4206 of the Education Law
would be amended to remove references to the Commissioner of
Education's authority to appoint students to institutions for the
instruction of the blind and would clarify that placement in such
institutions may be recommended by the CSE, or CPSE where applicable,
of the school district responsible for educating such student, and may
include the provision of special education programs and services in
July or August in accordance with the provisions of § 4402(2)(a).
4207 of the Education Law would be amended to remove the
Commissioner's authority for appointments to the New York Institute
for Special Education and provides that the committee on special
education of the school district responsible for the education of the
pupil has the authority to recommend extension of the term of any
pupil attending the institution. § 4213 of the Education Law would be
amended to conform language and remove references of appointments to
the New York Institute for Special Education.

Education Law § 4402(1)(b)(3)(d-2) would be repealed which currently
require boards of education to develop plans and policies for


appropriate declassification of students with disabilities. Federal,
law requires that each child with a disability be reevaluated at least
once every three years to determine a student's continuing eligibility
for special education and to require a reevaluation of a student prior
to declassification. Therefore, it is not necessary for boards of
education to establish additional plans and policies.

The bill also proposes to amend § 4402(1)(b)(3)(h) of the Education
Law to remove the outdated requirement to file certain reports on
students with disabilities who are the children of Vietnam Veterans.

Federal law establishes transition planning requirements on school
districts, including the requirement to invite potential transition
providers, which could include adult service agencies, to CSE meetings
to prepare a student for transition to adult life. To streamline these
requirements, Education Law § 4402(1)(b) (5) and (7) would be amended
to provide at the first annual review of a student with a disability
placed in a residential program or a student determined by the
committee on special education or multidisciplinary team likely to
require adult residential services after the student has attained the
age of 18. for the development 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 Health
(OMH), Office for People with Developmental Disabilities (OPWDD) or
the State Education Department (SED) to participate in such
recommendations and upon consented release of the student's
information, refer the student to the appropriate public agency for
services. These amendments would utilize appropriate language,
consistent throughout the Education Law, to provide for transitional
programs for those students with a disability who have reached the age
of 18 and who are placed in a residential program by their CSE or
multidisciplinary team and day students with a disability who have
reached the age of 18 and whose CSE or multidisciplinary team has
determined that it is likely the student will require adult
residential services.

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 entirety.

Prior Legislative History:

Portions of this bill were submitted as SED Proposal No. 12 for 2011,
together with several provisions that were enacted in Chapter 97 of
the Laws of 2011. SED No. 12 was introduced in the Senate as S.5816,
was referred to the Senate Education Committee, and no further action
was taken.

In 2012, this bill was submitted, together with several provisions
that were enacted in Chapters 2, 260, 276 and 308 of the Laws of 2012.
This bill was introduced in the Assembly as A. 10290 and was referred
to the Education Committee. It was also introduced in the Senate as S.


6688, was referred to the Education Committee and reported to the
Senate Finance Committee. No further action was taken.

Effective Date:

This act would take effect July 1, 2013, provided that in the event
the act shall become law after such date, it will become effective
immediately and will be deemed to have been in full force and effect
on and after July 1, 2013. Further, nothing in section 12 of the act
would be construed to require the retrofitting of school busses
purchased prior to the effective date of this act.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5557

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 20, 2013
                               ___________

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 Education

AN  ACT  to  amend  the education law, in relation to establishing Earth
  day; to amend the education law, in relation  to  mandate  relief  for
  school  districts and certain other educational entities; to amend the
  education law, in relation to removing references to subcommittees  on
  special  education;  to  amend  the  education law, in relation to the
  provision of special  education  programs  and  services  to  students
  parentally placed in non-public schools through dual enrollment in the
  public schools; to amend the education law, in relation to eliminating
  the  requirement  that the commissioner of education make appointments
  to state-supported schools; to amend the education law, in relation to
  the committee on special education membership requirements;  to  amend
  the  education  law,  in  relation  to eliminating the requirement for
  written parental consent prior to initial placement of a student  with
  a  disability in a July/August program; to amend the education law, in
  relation to transportation of students  with  disabilities  parentally
  placed in a private school; to amend the education law, in relation to
  establishing  that  all  school  districts  are approved evaluators of
  preschool students suspected of having  a  disability;  to  amend  the
  education  law,  in relation to the statute of limitations for special
  education due  process  hearings;  to  amend  the  education  law,  in
  relation  to  the committee on preschool special education membership;
  to amend the  education  law,  in  relation  to  the  selection  of  a
  preschool evaluator; to amend the education law, in relation to refer-
  rals  to  state adult service agencies for certain students with disa-
  bilities who have reached the age of 18; to amend  the  education  law
  and  the general municipal law, in relation to giving school districts
  or boards of cooperative educational services the option of  advertis-
  ing procurement bids in the state's opportunities newsletter; to amend
  the  environmental  conservation  law,  in relation to the state smart
  growth public infrastructure criteria; to amend the vehicle and  traf-
  fic  law,  in  relation to school omnibus signs complying with federal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10264-01-3

S. 5557                             2

  motor vehicle safety standards; to repeal paragraph d of subdivision 4
  of section 3641 of the education law relating  to  special  apportion-
  ments  to school districts; to repeal subdivision 15 of section 353 of
  the  executive law relating to the duties of the director of the divi-
  sion of veterans' affairs; to repeal clause (h) of subparagraph  3  of
  paragraph  b  of  subdivision  1  of section 4402 of the education law
  relating to reports on certain children of Vietnam veterans; to repeal
  clause (d) of subparagraph 1  of  paragraph  b  of  subdivision  1  of
  section 4402 of the education law relating to subcommittees on special
  education; and to repeal clause (d-2) of subparagraph 3 of paragraph b
  of  subdivision 1 of section 4402 of the education law relating to the
  requirement that boards of education develop plans  and  policies  for
  appropriate declassification of students with disabilities

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

  Section 1. Section 810 of the education law, as amended by chapter 616
of the laws of 1969 and subdivision 1 as amended by chapter  96  of  the
laws of 1978, is amended to read as follows:
  S 810. [Conservation]  EARTH  day.   [1. The last Friday in April each
year is hereby made and declared to be known as  Conservation  day,  and
observed  in accordance with the provisions of this chapter, except that
for the year nineteen hundred seventy-eight, Conservation day  shall  be
May third.
  2.  It  shall be the duty of the authorities of every public school in
this state to assemble the pupils in their charge on  that  day  in  the
school  building,  or elsewhere, as they may deem proper, and to provide
for and conduct (1) such exercises as shall tend to encourage the plant-
ing, protection and preservation of trees and shrubs, and  an  acquaint-
ance with the best methods to be adopted to accomplish such results, and
(2)  such  lectures,  pictures  or  tours, as shall tend to increase the
interest and knowledge of such pupils in the fish and  wild  life,  soil
and water of the state.
  3.  The  commissioner  of  education may prescribe from time to time a
course  of  exercises  and  instruction  in  the  subjects  hereinbefore
mentioned,  which  shall  be  adopted  and observed by the public school
authorities on Conservation day. Upon receipt of copies of  such  course
sufficient  in number to supply all the schools under their supervision,
the school authorities aforesaid shall  promptly  provide  each  of  the
schools  under  their  charge  with a copy, and cause it to be observed]
ANNUALLY, IT SHALL BE THE DUTY OF THE AUTHORITIES OF EVERY PUBLIC SCHOOL
IN THIS STATE TO OBSERVE EARTH DAY  AS  THEY  MAY  DEEM  PROPER  AND  TO
ENCOURAGE INSTRUCTION ON THE EARTH'S NATURAL ENVIRONMENT AS APPROPRIATE.
  S 2.  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 SECTION ONE HUNDRED THREE AND
SECTION ONE HUNDRED FOUR-B OF THE GENERAL MUNICIPAL LAW,  PROVIDED  THAT
THE COSTS OF SUCH CONTRACTS SHALL BE ELIGIBLE FOR AID PURSUANT TO SUBDI-
VISION  FIVE OF THIS SECTION IF APPROVED BY THE COMMISSIONER AS AN AIDA-
BLE SHARED  SERVICE  UPON  REQUEST  OF  TWO  OR  MORE  COMPONENT  SCHOOL
DISTRICTS.

S. 5557                             3

  S  3.  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 SECTION TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAF-
FIC LAW, THE DEPARTMENT OF MOTOR VEHICLES SHALL BE AUTHORIZED TO FORWARD
A  COPY  OF  SUCH INDIVIDUAL'S CRIMINAL HISTORY RECORD AND SUCH INDIVID-
UAL'S FINGERPRINTS TO THE COMMISSIONER  FOR  PURPOSES  OF  CONDUCTING  A
CRIMINAL  HISTORY  RECORD  CHECK  PURSUANT TO THIS SECTION. FURTHERMORE,
UPON NOTIFICATION 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 4. Paragraph d of subdivision 4 of section 3641 of the education law
is REPEALED.
  S  5.  Paragraph  a  of subdivision 14 of section 305 of the education
law, as amended by section 1 of 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
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

S. 5557                             4

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  6.  Paragraph  a  of subdivision 14 of section 305 of the education
law, as amended by section 2 of 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. 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  responsi-
bility 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 transporta-

S. 5557                             5

tion, maintenance, mobile instructional units, or cafeteria and  restau-
rant  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 circulation within the district  for  such  purpose  OR  IN  THE
STATE'S  PROCUREMENT 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 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 OR THE PROVISION, MAINTENANCE AND OPERATION OF CAFETERIA OR
RESTAURANT  SERVICE secured through competitive bidding when such exten-
sions (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 main-
tenance 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 consum-
er  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  transportation  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 consum-
ers (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 7. 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

S. 5557                             6

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
education or trustee of a district. A CONTRACT AWARDED THROUGH A REQUEST
FOR PROPOSALS SHALL BE AWARDED BASED ON BEST VALUE  IN  ACCORDANCE  WITH
SECTION  ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW. The commission-
er, in addition to his existing statutory authority to approve or disap-
prove transportation contracts, may reject any award of a transportation
contract or a contract for mobile instructional 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  8. Subdivision 14 of section 305 of the education law is amended by
adding a new paragraph g to read as follows:
  G. NOTWITHSTANDING THE PROVISIONS OF  THIS  SUBDIVISION,  SECTION  ONE
HUNDRED  THREE  OF  THE GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF
LAW TO THE CONTRARY, THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER
INTO A PIGGYBACK CONTRACT WITH ANOTHER SCHOOL DISTRICT  THAT  TRANSPORTS
STUDENTS  PURSUANT  TO A CONTRACT WITH A PRIVATE TRANSPORTATION CONTRAC-
TOR, PROVIDED THAT THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE
AND ENTRY INTO A PIGGYBACK CONTRACT WILL RESULT IN A COST SAVINGS TO THE
SCHOOL DISTRICT. FOR PURPOSES OF THIS PARAGRAPH, A "PIGGYBACK  CONTRACT"
MEANS  A  CONTRACT FOR THE TRANSPORTATION OF STUDENTS THAT: (1) PROVIDES
TRANSPORTATION TO A LOCATION OUTSIDE THE STUDENTS'  SCHOOL  DISTRICT  OF
RESIDENCE  TO  WHICH ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANS-
PORTATION TO ITS OWN  STUDENTS  THROUGH  AN  EXISTING  CONTRACT  WITH  A
PRIVATE  TRANSPORTATION  CONTRACTOR,  OTHER  THAN  A  COOPERATIVELY  BID
CONTRACT; (2) IS ENTERED INTO BY THE PRIVATE  TRANSPORTATION  CONTRACTOR
AND  EACH  SCHOOL DISTRICT INVOLVED; AND (3) PROVIDES FOR TRANSPORTATION
IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTA-
TION CONTRACT.
  S 9. Subdivision 2 of section 103 of the  general  municipal  law,  as
amended  by  section 4 of chapter 608 of the laws of 2011, is amended to
read as follows:
  2. Advertisement for bids and offers shall be published in  the  offi-
cial  newspaper  or  newspapers,  if any, or otherwise in a newspaper or
newspapers designated for such purpose OR  IN  THE  STATE'S  PROCUREMENT
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
notice will be publicly opened and read and where the  identity  of  all
offerers  will be publicly disclosed, and the designation of the receiv-
ing device if the political subdivision or district has  authorized  the
receipt of bids and offers in an electronic format. Such board or agency
may by resolution designate any officer or employee to open the bids and
offers  at  the  time  and  place specified in the notice. Such designee
shall make a record of such bids and offers 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 and

S. 5557                             7

the identity of all offerers shall be publicly disclosed 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 and offers.
  S  10.  Subdivision  2 of section 103 of the general municipal law, as
amended by section 5 of chapter 608 of the laws of 2011, is  amended  to
read as follows:
  2.  Advertisement  for bids and offers shall be published in the offi-
cial newspaper or newspapers, if any, or otherwise  in  a  newspaper  or
newspapers  designated  for  such  purpose OR IN THE STATE'S PROCUREMENT
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
notice  will  be  publicly opened and read and where the identity of all
offerers will be publicly disclosed. Such board or agency may by  resol-
ution  designate  any officer or employee to open the bids and offers at
the time and place specified in the notice. Such designee shall  make  a
record  of  such bids and offers 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  and  the
identity  of  all  offerers  shall be publicly disclosed 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 and offers.
  S 11. 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  12.  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

S. 5557                             8

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 REQUIRE 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
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 13. Subdivision 15 of section 353 of the executive law is REPEALED.
  S 14. 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 of  educa-
tion shall submit a report to the board of regents, the governor and the
legislature  by  no later than January 15, 2014, with recommendations on
whether and under what conditions such credit card contracts  should  be
authorized  and  identifying  any legislative or regulatory changes that
would be needed to authorize such credit card contracts.
  S 15. Subparagraph 2 of paragraph (b)  of  subdivision  4  of  section
2590-b  of  the  education law, as amended by chapter 345 of the laws of
2009, is amended to read as follows:
  (2) advise and comment  on  the  process  of  establishing  committees
[and/or   subcommittees]   on  special  education  in  community  school
districts pursuant to section forty-four hundred two of this chapter;
  S 16. Paragraph (a) of subdivision 4 of section 2853 of the  education
law,  as  amended by chapter 378 of the laws of 2007, is amended to read
as follows:
  (a) For purposes of sections seven hundred one, seven hundred  eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter  school  shall  be  deemed a nonpublic school in the school district
within which the charter school is located. Special  education  programs
and services shall be provided to students with a disability attending a
charter  school  in accordance with the individualized education program
recommended by the committee [or subcommittee] on special  education  of

S. 5557                             9

the  student's  school  district  of  residence.  The charter school may
arrange to have such services provided by such school district of  resi-
dence  or  by  the  charter  school directly or by contract with another
provider.  Where the charter school arranges to have the school district
of  residence  provide such special education programs or services, such
school district shall provide services in the same manner as  it  serves
students  with  disabilities  in  other  public  schools  in  the school
district, including the provision of supplementary and related  services
on  site  to  the  same  extent  to which it has a policy or practice of
providing such services on the site of such other public schools.
  S 17. Paragraph (a) of subdivision 4 of section 2853 of the  education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:
  (a) For purposes of sections seven hundred one, seven hundred  eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter  school  shall  be  deemed a nonpublic school in the school district
within which the charter school is located. Special  education  programs
and services shall be provided to students with a disability attending a
charter  school  in accordance with the individualized education program
recommended by the committee [or subcommittee] on special  education  of
the  student's  school  district  of  residence.  The charter school may
arrange to have such services provided by such school district of  resi-
dence  or  by  the  charter  school directly or by contract with another
provider.
  S 18. 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, INCLUDING SPECIAL  EDUCA-
TION  PROGRAMS  AND  RELATED  SERVICES  AS DEFINED IN SUBDIVISION TWO OF
SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER 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
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-

S. 5557                            10

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 TWELVE 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
IN ACCORDANCE WITH A TIMELINE PRESCRIBED BY THE COMMISSIONER.
  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
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 DURING A JULY/AUGUST SPECIAL EDUCATION  PROGRAM,

S. 5557                            11

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 COMMIS-
SIONER.  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 19. 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
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

S. 5557                            12

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  20.  Paragraph  e of subdivision 2 of section 4002 of the education
law, as added by chapter 563 of the laws of 1980, is amended to read  as
follows:
  e.  Appointment  by  the  commissioner to a state [or state-supported]
school in accordance with article [eighty-five,] eighty-seven or  eight-
y-eight  of  this  chapter  OR ENROLLMENT IN A STATE-SUPPORTED SCHOOL IN
ACCORDANCE WITH ARTICLE EIGHTY-FIVE OF THIS CHAPTER.
  S 21. Subdivision 2 of section 4201 of the education law is amended to
read as follows:
  2. It shall be the duty of the commissioner:
  a. To inquire into the organization of the  several  schools  and  the
methods of instruction employed therein.
  b.  To prescribe courses of study and methods of instruction that will
meet the requirements of the state for the education of  [state]  pupils
ATTENDING SUCH SCHOOLS.
  c. [To make appointments of pupils to the several schools, to transfer
such  pupils from one school to another as circumstances may require; to
cancel appointments for sufficient reason.
  d.] To ascertain by  a  comparison  with  other  similar  institutions
whether  any improvements in instruction and discipline can be made; and
for that purpose to appoint from time to time, suitable persons to visit
the schools.
  [e] D. To suggest to the directors of such  institutions  and  to  the
legislature such improvements as he shall judge expedient.
  [f]  E.  To  make  an  annual  report to the legislature on all of the
matters enumerated in this subdivision and particularly as to the condi-
tion of the schools, the improvement of the pupils, and their  treatment
in respect to board and lodging.
  S 22. Section 4203 of the education law is amended to read as follows:
  S 4203. Persons  eligible  for  [appointment]  ENROLLMENT as pupils to
institutions for instruction of the deaf.  All deaf children resident in
this state, of the age of three years and upwards and of suitable capac-
ity, and who shall have been resident in this state for one  year  imme-
diately  preceding  the  application,  or,  if  an orphan, whose nearest
friend shall have been resident in this state for one  year  immediately
preceding  the  application,  shall  be  eligible  [to  appointment] FOR
ENROLLMENT as [state] pupils in one of the institutions for the instruc-
tion of the deaf of this  state,  authorized  by  law  to  receive  such
pupils;  provided,  however,  the  foregoing requirement as to length of
residence in this state may be waived in the discretion of  the  commis-
sioner  [of  education].  PLACEMENT IN SUCH INSTITUTIONS SHALL BE RECOM-
MENDED BY THE COMMITTEE ON SPECIAL EDUCATION, OR COMMITTEE ON  PRESCHOOL
SPECIAL  EDUCATION  WHERE APPLICABLE, OF THE SCHOOL DISTRICT RESPONSIBLE
FOR EDUCATING SUCH  PUPIL,  AND  SUCH  RECOMMENDATION  MAY  INCLUDE  THE
PROVISION  OF  SPECIAL EDUCATION PROGRAMS AND SERVICES IN JULY OR AUGUST
IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH A OF SUBDIVISION  TWO  OF
SECTION FORTY-FOUR HUNDRED TWO OF THIS CHAPTER.
  S  23.  Subdivision 3 of section 4204 of the education law, as amended
by section 51 of part A of chapter 58 of the laws of 2011, is amended to
read as follows:
  3. The regular term of instruction of any such  deaf  pupil  shall  be
twelve years, or until the pupil shall have attained the age of eighteen
years  before  the expiration of twelve years from the beginning of such

S. 5557                            13

term. The [commissioner] COMMITTEE ON SPECIAL EDUCATION  may,  in  [his]
ITS discretion, [extend] RECOMMEND AN EXTENSION OF the term of any pupil
until  [his]  THE  DATE  OF THE SCHOOL YEAR IN WHICH THE PUPIL'S twenty-
first  birthday  OCCURS  AND  SUCH  PUPIL'S ELIGIBILITY ENDS PURSUANT TO
SUBDIVISION FIVE OF SECTION FORTY-FOUR HUNDRED TWO OF THIS  ARTICLE  for
the  purpose of pursuing or completing academic or vocational courses of
study. Such pupils must be recommended by the trustees of  the  institu-
tion  in  which  they  are in attendance before THE COMMITTEE RECOMMENDS
THAT such extension of time [is granted] BE MADE.
  S 24. Section 4206 of the education law, as amended by chapter  53  of
the laws of 1990, is amended to read as follows:
  S 4206. Persons  eligible  for [appointment] ENROLLMENT as pupils [to]
IN institutions for instruction of the blind.  1. All blind  persons  of
suitable  age  and  capacity  and  who shall have been residents in this
state for one year immediately preceding the application or, if a minor,
whose parent or parents, or, if an orphan, whose nearest  friend,  shall
have  been  a  resident in this state for one year immediately preceding
the application, shall  be  eligible  for  [appointment]  ENROLLMENT  as
[state]  pupils  to  the New York Institute for Special Education in the
city of New York or the Lavelle School for the Blind in the city of  New
York.
  2. Blind babies and children of the age of fifteen years and under and
possessing  the  other  qualifications  prescribed  in  this article and
requiring kindergarten training or other special care  and  instruction,
shall be eligible for [appointment] ENROLLMENT as [state] pupils [by the
commissioner  of education at his discretion] in any incorporated insti-
tution furnishing approved care,  training  and  instruction  for  blind
babies  and  children,  and any such child may be transferred to the New
York Institute for Special Education in the city  of  New  York  or  the
Lavelle School for the Blind in the city of New York, to which he or she
would  otherwise be eligible for [appointment] ENROLLMENT, upon arriving
at suitable age[, in the discretion of the commissioner of education].
  3. [All such appointments shall be made by the commissioner of  educa-
tion.] The requirement of this section as to length of residence in this
state  may  be  waived  in the discretion of the commissioner [of educa-
tion].
  4. PLACEMENT IN SUCH INSTITUTIONS SHALL BE RECOMMENDED BY THE  COMMIT-
TEE  ON  SPECIAL  EDUCATION, OR COMMITTEE ON PRESCHOOL SPECIAL EDUCATION
WHERE APPLICABLE, OF THE SCHOOL DISTRICT RESPONSIBLE FOR EDUCATING  SUCH
PUPIL,  AND  SUCH  RECOMMENDATION  MAY  INCLUDE THE PROVISION OF SPECIAL
EDUCATION PROGRAMS AND SERVICES IN JULY OR AUGUST IN ACCORDANCE WITH THE
PROVISIONS OF PARAGRAPH A  OF  SUBDIVISION  TWO  OF  SECTION  FORTY-FOUR
HUNDRED TWO OF THIS CHAPTER.
  S  25.  Subdivisions  3 and 4 of section 4207 of the education law, as
amended by section 54 of part A of chapter 58 of the laws of  2011,  are
amended to read as follows:
  3.  The regular term of instruction of any such blind pupil in the New
York Institute for Special Education shall be eight years. The  [commis-
sioner]  COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT RESPONSI-
BLE FOR THE EDUCATION OF THE PUPIL, WITH THE CONSENT OF THE TRUSTEES  OF
THE  NEW  YORK  INSTITUTE  FOR  SPECIAL  EDUCATION,  may  in  [his]  ITS
discretion [extend] RECOMMEND THE EXTENSION OF the term of any pupil for
a period not exceeding three years. It shall  also  be  lawful  for  the
[commissioner]  COMMITTEE  to continue such pupils [as state pupils] for
an additional period of three years  for  the  purpose  of  pursuing  or
completing  a  course  of high school study[; such pupils must be recom-

S. 5557                            14

mended by the trustees of the New York Institute for  Special  Education
before such extension is granted].
  4. The term of appointment for blind babies and children of the age of
fifteen years and under received into any institution in accordance with
this  article  shall  be  at  the  discretion  of the [commissioner] THE
COMMITTEE ON SPECIAL EDUCATION OR PRESCHOOL COMMITTEE ON SPECIAL  EDUCA-
TION OF THE SCHOOL DISTRICT RESPONSIBLE FOR THE EDUCATION OF THE STUDENT
AND THE TRUSTEES OF THE NEW YORK INSTITUTE FOR SPECIAL EDUCATION.
  S  26.  Section  4213 of the education law, as added by chapter 496 of
the laws of 1986, is amended to read as follows:
  S 4213. Other persons  eligible  for  [appointment]  ENROLLMENT.    In
accordance  with the provisions of the charter of the New York Institute
for Special Education, and amendments thereto, as issued by the board of
regents, children with  [handicapping  conditions]  DISABILITIES,  other
than [handicapping conditions] DISABILITIES which would establish eligi-
bility  for  [appointment]  ENROLLMENT to the schools enumerated in this
article, shall be eligible for [appointment] ENROLLMENT to the New  York
Institute  for  Special  Education  as [state] pupils. The provisions of
this article shall apply but not necessarily be limited to the [appoint-
ment] ENROLLMENT, education, maintenance and  support  of  such  pupils.
Such  pupils  eligible  for  [appointment]  ENROLLMENT, pursuant to this
section, shall be persons over five and under twenty-one  years  of  age
who have not received a high school diploma.
  S  27.  Paragraph  d of subdivision 2 of section 4401 of the education
law, as amended by chapter 53 of the laws of 1990, is amended to read as
follows:
  d. Appointment by the commissioner to a  state  school  in  accordance
with  article eighty-seven or eighty-eight of this chapter or ENROLLMENT
IN a state-supported school in accordance with  article  eighty-five  of
this chapter.
  S  28.  Subparagraph 2 of paragraph b of subdivision 1 of section 4402
of the education law, as amended by chapter 352 of the laws of 2005,  is
amended to read as follows:
  (2) Such committees [or subcommittees] shall review at least annually,
the status of each student with a disability and each student thought to
be  disabled  who is identified pursuant to paragraph a of this subdivi-
sion. Such review shall consider the educational progress  and  achieve-
ment  of  the  student  with  a  disability and the student's ability to
participate in instructional programs in regular education.
  S 29. Subparagraph 2 of paragraph b of subdivision 1 of  section  4402
of  the  education law, as amended by chapter 82 of the laws of 1995, is
amended to read as follows:
  (2) Such committees [or  subcommittees]  shall  identify,  review  and
evaluate  at  least annually, the status of each child with a [handicap-
ping condition] DISABILITY and each child thought  to  [be  handicapped]
HAVE  A  DISABILITY  who resides within the school district. Such review
shall consider the educational progress and  achievement  of  the  child
with  a  [handicapping  condition] DISABILITY and the child's ability to
participate in instructional programs in regular education.
  S 30. Subparagraph 2 of paragraph b of subdivision 2 of  section  4402
of  the education law, as amended by chapter 391 of the laws of 1989, is
amended to read as follows:
  (2) The board shall select the most reasonable and appropriate special
service or program for such children from those  programs  specified  in
paragraphs  a, b, c, D WITH RESPECT TO STATE SUPPORTED SCHOOLS, e, f, g,
h, i, k, l and m of subdivision two of section forty-four hundred one of

S. 5557                            15

this article upon receipt of the  recommendation  of  the  committee  on
special education. All contracts with schools pursuant to the provisions
of  paragraphs  d,  e,  f,  g,  h, l and m of subdivision two of section
forty-four  hundred one of this article shall be subject to the approval
of the commissioner. All contracts under paragraph c of subdivision  two
of  section  forty-four  hundred  one  OF  THIS ARTICLE shall be made in
accordance with the provisions of subdivision four of  section  nineteen
hundred fifty of this chapter. No child shall be placed in a residential
school  nor  shall a board recommend placement in a residential facility
specified in paragraph  j  of  subdivision  two  of  section  forty-four
hundred  one  OF THIS ARTICLE unless there is no appropriate nonresiden-
tial school available consistent with the needs of the child.  The board
shall provide written notice of its determination to the parent or legal
guardian of such child. If the determination of the board  of  education
is  not  consistent with the recommendations of the committee on special
education, such notice shall include the statement of  the  reasons  for
such  determination  which  shall identify the factors considered by the
committee on special education in its evaluation.
  S 31. The opening paragraph of subparagraph 3 and subparagraph 3-a  of
paragraph  b  of subdivision 1 of section 4402 of the education law, the
opening paragraph of subparagraph 3 as amended by chapter 53 of the laws
of 1991 and subparagraph 3-a as added by chapter  630  of  the  laws  of
2008, are amended to read as follows:
  The committee [or when applicable the subcommittee] shall:
  (3-a)  The  members  of  the committee [or subcommittee] may compile a
list of appropriate  and/or  helpful  services  that  may  be  available
outside  of  the  school  setting  to  provide  the parents or person in
parental relation of a child with a disability  with  such  information.
Such  list  shall  clearly  state that these services are in addition to
services supplied by the school district and will not be paid for by the
school district.  Any member of a committee [or subcommittee] or his  or
her respective school district who, acting reasonably and in good faith,
provides such information shall not be liable for such action.
  S  32.  Clause  h of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
  S 33. Subdivisions 8 and 9 of section 4403 of the  education  law,  as
amended  by  chapter  273  of  the  laws of 1986, are amended to read as
follows:
  8. To develop and distribute a handbook for parents  of  [handicapped]
children WITH DISABILITIES and the members of committees [and subcommit-
tees]  on  special  education,  which  handbook shall explain, in layman
terms, the financial and educational obligations of the state, the coun-
ty or city, the home school district, the committee  on  special  educa-
tion,  and  the parent or legal guardian of a [handicapped] child WITH A
DISABILITY, the special services or programs available pursuant to  this
article,  and  the  legal procedures available to an aggrieved parent or
legal guardian of a [handicapped] child WITH A DISABILITY.
  9. To make provision by regulation of the commissioner to  assure  the
confidentiality  of  any  personally identifiable data, information, and
records collected or maintained by the state department of education  or
any  school district, including a committee [or subcommittee] on special
education, and the officers, employees or members thereof,  pursuant  to
or  in  furtherance of the purposes of this article, and shall establish
procedures upon which any such personally  identifiable  data,  informa-
tion, or records may be disclosed.

S. 5557                            16

  S  34. Subdivision 16 of section 4403 of the education law, as amended
by section 4 of part E of chapter 501 of the laws of 2012, is amended to
read as follows:
  16.  Commencing  with  the nineteen hundred eighty-seven--eighty-eight
school year, to provide for instruction during the months  of  July  and
August  of students with [handicapping conditions] DISABILITIES who have
received state appointments pursuant to article  [eighty-five,]  eighty-
seven  or  eighty-eight  of this chapter, and whose [handicapping condi-
tions, in the judgment of the  commissioner,]  DISABILITIES  are  severe
enough  to  exhibit  the  need  for a structured learning environment of
twelve months duration to maintain developmental levels, by making  such
appointments  for  twelve  months;  provided  that  the  initial term of
appointment of a student with a [handicapping condition] DISABILITY  who
is  the  minimum  age  eligible  for  such a state appointment shall not
commence during the months of July or August.
  S 35. The opening paragraph and clauses (a), (b) and (c)  of  subpara-
graph 1 of paragraph b of subdivision 1 of section 4402 of the education
law, the opening paragraph and clauses (a) and (c) as amended by chapter
311  of  the  laws of 1999, subclause (viii) of clause (a) as amended by
chapter 194 of the laws of 2004, clause (b) as amended by section  1  of
chapter  276 of the laws of 2012 and the closing paragraph of clause (b)
as amended by chapter 378 of the laws of 2007, are amended  to  read  as
follows:
  The  board  of  education  or  trustees  of each school district shall
establish committees [and/or  subcommittees]  on  special  education  as
necessary to ensure timely evaluation and placement of pupils. The board
of  education of the city school district of the city of New York, shall
establish at least one committee on special education  in  each  of  its
community  school districts, provided that appointments to the community
school district committees shall be made upon the approval of the commu-
nity school board except that the board of education of the city  school
district  of  the city of New York, may establish one committee to serve
more than one community school district,  in  which  case,  appointments
thereto  shall be made upon the joint approval of the affected community
school boards; provided, however, that prior to such consolidation,  the
board  shall  consider the relative caseload of the committee on special
education in each affected community school district, including but  not
limited  to  the  following factors: the number of students evaluated by
such committee; the number of referrals to  special  education  in  such
community school district; the ability to comply with mandated paperwork
and timelines; and other issues which the board deems pertinent.
  (a)  Such  committees  shall  be  composed  of  at least the following
members:  (i) the parents or persons in  parental  relationship  to  the
student;  (ii) one regular education teacher of the student whenever the
student is or may be participating in the regular education environment;
(iii) one special education teacher of the student, or, if  appropriate,
a  special education provider of the student; (iv) a school psychologist
WHERE THE PURPOSE OF THE METING IS  TO  DETERMINE  A  STUDENT'S  INITIAL
ELIGIBILITY  FOR  SPECIAL EDUCATION; (v) a representative of such school
district who is qualified to provide or administer or supervise  special
education  and  is  knowledgeable  about  the general curriculum and the
availability of resources of the school district; (vi) an individual who
can interpret the  instructional  implications  of  evaluation  results;
(vii) [a school physician; (viii)] an additional parent, residing in the
school  district  or  a neighboring school district, of a student with a
disability, of a student who has been  declassified  and  is  no  longer

S. 5557                            17

eligible for an individualized education program (IEP), or a parent of a
disabled  child who has graduated, for a period of five years beyond the
student's declassification or graduation, provided such parent shall not
be  employed by or under contract with the school district, and provided
further that such additional parent shall not be a required member  [if]
UNLESS  the parents, THE STUDENT OR A MEMBER OF THE COMMITTEE ON SPECIAL
EDUCATION request that such additional parent member  [not]  participate
IN  ACCORDANCE  WITH CLAUSE (B) OF THIS SUBPARAGRAPH; [(ix)] (VIII) such
other persons  having  knowledge  or  special  expertise  regarding  the
student  as  the  school  district or the parents or persons in parental
relationship to the student shall  designate,  to  the  extent  required
under federal law; and [(x)] (IX) if appropriate, the student.
  (b)  In  determining  the  composition  of  such committee pursuant to
clause (a) of this subparagraph, a school district may determine that  a
member  appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
[(ix)] (VIII) of clause (a)  of  this  subparagraph  also  fulfills  the
requirement  of  subclause  (vi) of clause (a) of this subparagraph of a
member who is an individual who can interpret the  instructional  impli-
cations  of  evaluation results where such individuals are determined by
the school district to have the knowledge and expertise to do so  and/or
that  a  member  appointed pursuant to subclause (iii) or (iv) of clause
(a) of this subparagraph also fulfills the requirement of subclause  (v)
of  clause  (a) of this subparagraph of a member who is a representative
of the school district. The regular education  teacher  of  the  student
shall  participate  in the development, review and revision of the indi-
vidualized education program for the student,  to  the  extent  required
under  federal  law.  [The school physician need not be in attendance at
any meeting of the committee on special  education  unless  specifically
requested  in  writing, at least seventy-two hours prior to such meeting
by the parents or other person in parental relation to  the  student  in
question,  the  student,  or a member of the committee on special educa-
tion. The parents or persons in parental  relation  of  the  student  in
question  shall receive proper written notice of their right to have the
school physician attend the meetings of the committee on special  educa-
tion upon referral of said student to the committee on special education
or whenever such committee plans to modify or change the identification,
evaluation  or  educational  placement  of  the student.] The additional
parent need not be in attendance at any  meeting  of  the  committee  on
special  education  unless  specifically  requested in writing, at least
seventy-two hours prior to such meeting by the parents or  other  person
in  parental  relation  to  the  student  in question, the student, or a
member of the committee on special education. The parents or persons  in
parental  relation of the student in question shall receive proper writ-
ten notice of their right to have an additional parent attend any  meet-
ing  of  the  committee  regarding  the  student along with a statement,
prepared by the department, explaining the role of having the additional
parent attend the meeting. The committee shall  invite  the  appropriate
professionals  most familiar with a student's disability or disabilities
to attend any  meeting  concerning  the  educational  program  for  such
student.  Except as otherwise provided in this clause or clause (b-1) or
(b-2) of this subparagraph, all members of such committee  shall  attend
meetings of the committee on special education.
  Members  of  such  committee shall serve at the pleasure of such board
and members who are neither employees of nor under  contract  with  such
district shall serve without compensation except that such members shall
be  entitled  to a per diem to defray expenses incurred in such service,

S. 5557                            18

provided, however, that any expense incurred shall be deemed an  aidable
operating expense for purposes of state aid.
  (c) Districts not having available personnel may share the services of
a  local  committee on special education with another school district or
contract with a board  of  cooperative  educational  services  for  such
personnel  pursuant  to  regulations  of  the  commissioner. [A district
having a subcommittee on special education may share the services  of  a
local  committee  on  special  education  with  another school district,
provided that a representative of such school district who is  qualified
to  provide  or  administer  or supervise special education and is know-
ledgeable about the general curriculum and the availability of resources
of the school district shall be a  member  of  such  committee  when  it
convenes on behalf of a student who is a resident of such district.]
  S  36. Clause (b) of subparagraph 1 of paragraph b of subdivision 1 of
section 4402 of the education law, as amended by section  2  of  chapter
276 of the laws of 2012, is amended to read as follows:
  (b)  In  determining  the  composition  of  such committee pursuant to
clause (a) of this subparagraph, a school district may determine that  a
member  appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
[(ix)] (VIII) of clause (a)  of  this  subparagraph  also  fulfills  the
requirement  of  subclause  (vi) of clause (a) of this subparagraph of a
member who is an individual who can interpret the  instructional  impli-
cations  of  evaluation results where such individuals are determined by
the school district to have the knowledge and expertise to do so  and/or
that  a  member  appointed pursuant to subclause (iii) or (iv) of clause
(a) of this subparagraph also fulfills the requirement of subclause  (v)
of  clause  (a) of this subparagraph of a member who is a representative
of the school district. The regular education  teacher  of  the  student
shall  participate  in the development, review and revision of the indi-
vidualized education program for the student,  to  the  extent  required
under  federal  law.  [The school physician need not be in attendance at
any meeting of the committee on special  education  unless  specifically
requested  in  writing, at least seventy-two hours prior to such meeting
by the parents or other person in parental relationship to  the  student
in question, the student, or a member of the committee on special educa-
tion.  The parents or persons in parental relationship of the student in
question shall receive proper written notice of their right to have  the
school  physician attend the meetings of the committee on special educa-
tion upon referral of said student to the committee on special education
or whenever such committee plans to modify or change the identification,
evaluation or educational placement  of  the  student.]  The  additional
parent  need  not  be  in  attendance at any meeting of the committee on
special education unless specifically requested  in  writing,  at  least
seventy-two  hours  prior to such meeting by the parents or other person
in parental relation to the student  in  question,  the  student,  or  a
member  of the committee on special education. The parents or persons in
parental relation of the student in question shall receive proper  writ-
ten  notice of their right to have an additional parent attend any meet-
ing of the committee regarding  the  student  along  with  a  statement,
prepared by the department, explaining the role of having the additional
parent  attend  the  meeting. The committee shall invite the appropriate
professionals most familiar with a student's disability or  disabilities
to  attend  any  meeting  concerning  the  educational  program for such
student. Members of such committee shall serve at the pleasure  of  such
board  and  members who are neither employees of nor under contract with
such district shall serve without compensation except that such  members

S. 5557                            19

shall  be  entitled  to  a  per diem to defray expenses incurred in such
service, provided, however, that any expense incurred shall be deemed an
aidable operating expense for purposes of state aid.
  S  37. Clause (d) of subparagraph 1 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
  S 38. Clause (d-2) of subparagraph 3 of paragraph b of  subdivision  1
of section 4402 of the education law is REPEALED.
  S 39. 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
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.] NOT LATER THAN THE  ANNUAL  REVIEW  PRIOR  TO  THE  EIGHTEENTH
BIRTHDAY  OF  A STUDENT WITH A DISABILITY WHO IS PLACED IN A RESIDENTIAL
PROGRAM BY THE COMMITTEE OR MULTIDISCIPLINARY TEAM, OR A STUDENT WITH  A
DISABILITY WHO IS PLACED IN A DAY PROGRAM BUT THE COMMITTEE OR MULTIDIS-
CIPLINARY  TEAM  HAS  DETERMINED  THAT  THE STUDENT IT LIKELY TO REQUIRE
ADULT RESIDENTIAL SERVICES, WITH THE CONSENT OF THE PARENTS, NOTIFY  AND
INVITE  A  REPRESENTATIVE  OF  THE  OFFICE  OF MENTAL HEALTH, OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, OR THE STATE  EDUCATION  DEPART-
MENT,  AS APPROPRIATE, TO PARTICIPATE IN THE COMMITTEE ON SPECIAL EDUCA-
TION 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 MULTIDISCI-
PLINARY TEAM SHALL GIVE THE PARENT OR GUARDIAN OF THE CHILD, THE  OPPOR-
TUNITY  TO  CONSENT IN WRITING TO THE RELEASE OF RELEVANT INFORMATION TO
SUCH OTHER PUBLIC AGENCY OR AGENCIES, UPON REQUEST  OF  SUCH  AGENCY  OR

S. 5557                            20

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] STUDENT'S 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] STUDENT'S progress includ-
ing  the  [child's]  STUDENT'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  para-
graph;  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 multidisci-
plinary team to perform any  examination  or  evaluation  not  otherwise
required by law.
  (b)  Upon  consent  obtained pursuant to [clause (c) of] this subpara-
graph,  the  committee  or  multidisciplinary  team  shall  forward  the
[child's]  STUDENT'S  name and other relevant information in a report to
the [commissioner of mental health, commissioner of  mental  retardation
and  developmental  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 hygiene law, section  three  hundred  ninety-eight-c  of  the
social  services  law  or  subdivision ten of section forty-four hundred
three of this article. The] APPROPRIATE PUBLIC AGENCY AS  DETERMINED  BY
THE  committee  or multidisciplinary team [shall determine which commis-
sioner shall receive the report by considering], BASED UPON the [child's
handicapping  condition]  STUDENT'S  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 AGENCY upon the request for such informa-
tion by such [commissioner or designee] AGENCY, WITH THE CONSENT OF  THE
PARENTS, OR THE STUDENT, IF SUCH STUDENT IS EIGHTEEN YEARS 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

S. 5557                            21

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.
  (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  40.  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 OF THIS ARTICLE. 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

S. 5557                            22

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-seven--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  commis-
sioner  if  required;  provided  that [(i) a student with a handicapping
condition who is first eligible to attend public school in the  nineteen
hundred  eighty-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 pursu-
ant  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 [handi-
capping 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 41. 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 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

S. 5557                            23

PROVIDE  SUCH  NOTICE  NO  LATER  THAN THIRTY DAYS AFTER COMMENCING SUCH
TRANSPORTATION.
  S  42.  Paragraph  a of subdivision 1 of section 4404 of the education
law, is 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,
PROVIDED THAT THE STUDENT SHALL BE DEEMED PLACED FOR SUCH PURPOSE ON THE
FIRST  DAY  THE  STUDENT IS ENROLLED IN AND IS LIABLE FOR TUITION 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 regulation 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 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 appointing the impartial hearing officer  shall  provide
the  parent  or person in parental relation with a procedural safeguards
notice as required  pursuant  to  subsection  (d)  of  section  fourteen
hundred fifteen of title twenty of the United States code and the imple-
menting  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 withholding 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 hear-
ing to override the refusal of a parent or person in  parental  relation
to consent where a local educational agency is prohibited by federal law
from initiating such a hearing.

S. 5557                            24

  S  43.  Subparagraph 1 of paragraph a of subdivision 3 of section 4410
of the education law, as amended by chapter 378 of the laws of 2007,  is
amended to read as follows:
  (1)  Such  board  shall  ensure  that such committee is composed of at
least the following members: (i) the parents  of  the  preschool  child;
(ii) a regular education teacher of such child, whenever the child is or
may be participating in a regular education environment; (iii) a special
education  teacher  of the child or, if appropriate, a special education
provider of the child; (iv) an appropriate professional employed by  the
school  district who is qualified to provide, or supervise the provision
of, special education, who is knowledgeable about the general curriculum
of the school district and the availability of preschool special  educa-
tion  programs  and  services and other resources in the school district
and the municipality, and who shall serve as chairperson of the  commit-
tee;  (v)  an additional parent of a child with a disability who resides
in the school district or a neighboring school district and whose  child
is  enrolled  in  a  preschool  or  elementary  level education program,
provided that such parent shall not be employed  by  or  under  contract
with the school district or municipality, and provided further that such
additional  parent  shall  not  be  a  required  member  [if] UNLESS the
parents, OR A MEMBER OF THE COMMITTEE  ON  PRESCHOOL  SPECIAL  EDUCATION
request  that such additional parent member [not] participate IN ACCORD-
ANCE WITH THIS SUBPARAGRAPH; (vi) an individual who  can  interpret  the
instructional  implications  of  evaluation  results, provided that such
individual may be the member appointed pursuant to clause  (ii),  (iii),
(iv) or (vii) of this subparagraph where such individuals are determined
by  the  school  district  to have the knowledge and expertise to do so;
(vii) such other persons having knowledge  or  expertise  regarding  the
child  as  the  board  or  the  parents  shall  designate, to the extent
required under federal law; and for a child in transition from  programs
and  services  provided  pursuant to applicable federal laws relating to
early intervention services, at the request of the parent or  person  in
parental  relation to the child, the appropriate professional designated
by the agency that has been charged  with  the  responsibility  for  the
preschool  child  pursuant to said applicable federal laws. In addition,
the chief executive officer of the municipality of the preschool child's
residence shall appoint an appropriately certified or  licensed  profes-
sional to the committee. Attendance of the appointee of the municipality
shall  not  be required for a quorum.  THE ADDITIONAL PARENT NEED NOT BE
IN ATTENDANCE AT ANY MEETING  OF  THE  COMMITTEE  ON  PRESCHOOL  SPECIAL
EDUCATION  UNLESS  SPECIFICALLY  IN  WRITING, AT LEAST SEVENTY-TWO HOURS
PRIOR TO SUCH MEETING, BY  THE  PARENTS  OR  OTHER  PERSON  IN  PARENTAL
RELATION  TO  THE  STUDENT  IN QUESTION, OR A MEMBER OF THE COMMITTEE ON
PRESCHOOL SPECIAL EDUCATION. THE PARENTS OR PERSONS IN PARENTAL RELATION
OF THE STUDENT IN QUESTION SHALL RECEIVE PROPER WRITTEN NOTICE OF  THEIR
RIGHT  TO  HAVE AN ADDITIONAL PARENT ATTEND ANY MEETING OF THE COMMITTEE
REGARDING THE STUDENT ALONG WITH A STATEMENT, PREPARED  BY  THE  DEPART-
MENT,  EXPLAINING  THE  ROLE  OF HAVING THE ADDITIONAL PARENT ATTEND THE
MEETING.
  S 44. Subparagraph 1 of paragraph a of subdivision 3 of  section  4410
of  the education law, as amended by chapter 311 of the laws of 1999, is
amended to read as follows:
  (1) Such board shall ensure that such  committee  is  composed  of  at
least  the  following  members:  (i) the parents of the preschool child;
(ii) a regular education teacher of such child, whenever the child is or
may be participating in a regular education environment; (iii) a special

S. 5557                            25

education teacher of the child or, if appropriate, a  special  education
provider  of the child; (iv) an appropriate professional employed by the
school district who is qualified to provide, or supervise the  provision
of, special education, who is knowledgeable about the general curriculum
of  the school district and the availability of preschool special educa-
tion programs and services and other resources in  the  school  district
and  the municipality, and who shall serve as chairperson of the commit-
tee; (v) an additional parent of a child with a disability  who  resides
in  the school district or a neighboring school district and whose child
is enrolled in  a  preschool  or  elementary  level  education  program,
provided  that  such  parent  shall not be employed by or under contract
with the school district or municipality, and provided further that such
additional parent shall  not  be  a  required  member  [if]  UNLESS  the
parents,  THE  STUDENT OR A MEMBER OF THE COMMITTEE ON PRESCHOOL SPECIAL
EDUCATION request that such additional parent member  [not]  participate
IN  ACCORDANCE WITH THIS SUBPARAGRAPH; (vi) an individual who can inter-
pret the instructional implications of evaluation results, provided that
such individual may be the member appointed  pursuant  to  clause  (ii),
(iii),  (iv)  or  (vii)  of this subparagraph where such individuals are
determined by the school district to have the knowledge and expertise to
do so; (vii) such other persons having knowledge or expertise  regarding
the  child  as  the  board or the parents shall designate, to the extent
required under federal law; and for a child in transition from  programs
and  services  provided  pursuant to applicable federal laws relating to
early intervention services, the appropriate professional designated  by
the  agency  that  has  been  charged  with  the  responsibility for the
preschool child pursuant to said applicable federal laws.  In  addition,
the chief executive officer of the municipality of the preschool child's
residence  shall  appoint an appropriately certified or licensed profes-
sional to the committee.   Attendance of the appointee  of  the  munici-
pality  shall  not  be required for a quorum. THE ADDITIONAL PARENT NEED
NOT BE IN ATTENDANCE AT  ANY  MEETING  OF  THE  COMMITTEE  ON  PRESCHOOL
SPECIAL  EDUCATION  UNLESS  SPECIFICALLY  REQUESTED IN WRITING, AT LEAST
SEVENTY-TWO HOURS PRIOR TO SUCH MEETING BY THE PARENTS OR  OTHER  PERSON
IN  PARENTAL  RELATION  TO  THE  STUDENT IN QUESTION, OR A MEMBER OF THE
COMMITTEE ON PRESCHOOL SPECIAL EDUCATION.  THE  PARENTS  OR  PERSONS  IN
PARENTAL  RELATION OF THE STUDENT IN QUESTION SHALL RECEIVE PROPER WRIT-
TEN NOTICE OF THEIR RIGHT TO HAVE AN ADDITIONAL PARENT ATTEND ANY  MEET-
ING  OF  THE  COMMITTEE  REGARDING  THE  STUDENT ALONG WITH A STATEMENT,
PREPARED BY THE DEPARTMENT, EXPLAINING THE ROLE OF HAVING THE ADDITIONAL
PARENT ATTEND THE MEETING.
  S 45. Paragraph b of subdivision 4 of section 4410  of  the  education
law,  as added by chapter 243 of the laws of 1989, is amended to read as
follows:
  b. Each board shall, within time limits established by the commission-
er, be responsible  for  providing  the  parent  of  a  preschool  child
suspected of having a [handicapping condition] DISABILITY with a list of
approved  evaluators  in the geographic area. The [parent may select the
evaluator from such list] SCHOOL DISTRICT  SHALL,  AFTER  PROVIDING  THE
PARENT WITH A LIST OF APPROVED PRESCHOOL EVALUATORS AND OBTAINING PARENT
CONSENT  TO  EVALUATE, ARRANGE FOR AN EVALUATION BY THE SERVICE PROVIDER
SELECTED BY THE DISTRICT WHO CAN PROVIDE THE EVALUATION OF  THE  STUDENT
WITHIN  THE TIMELINE REQUIRED BY THE DEPARTMENT. IN SELECTING THE EVALU-
ATOR, THE DISTRICT SHALL CONSIDER THE PARENT'S EXPRESSED PREFERENCE,  IF
ANY,  FOR  THE EVALUATOR.  Each board shall provide for dissemination of
the list and other information to parents at appropriate sites including

S. 5557                            26

but not limited to pre-kindergarten, day care, head start  programs  and
early  childhood  direction  centers,  pursuant  to  regulations  of the
commissioner.
  S 46. Paragraphs (a) and (c) of subdivision 9-a of section 4410 of the
education  law,  paragraph  (a) as amended by chapter 581 of the laws of
2011 and paragraph (c) as added by chapter 82 of the laws of  1995,  are
amended to read as follows:
  (a)  A  [school  district or a] group of appropriately licensed and/or
certified professionals associated with a public or private  agency  may
apply  to  the  commissioner  for  approval  as  an  evaluator on a form
prescribed by the commissioner. The commissioner  shall  approve  evalu-
ators  pursuant to this subdivision consistent with the approval process
for the multi-disciplinary evaluation  component  of  programs  approved
pursuant to subdivision nine of this section consistent with regulations
adopted  pursuant  to  such subdivision. ALL SCHOOL DISTRICTS ARE DEEMED
APPROVED EVALUATORS OF PRESCHOOL STUDENTS SUSPECTED OF HAVING A DISABIL-
ITY WITHOUT THE NEED TO SUBMIT AN APPLICATION TO THE COMMISSIONER.
  Such application shall include, but not be limited to,  a  description
of  the  multi-disciplinary  evaluation services proposed to be provided
and a demonstration that all agency employees and staff who provide such
evaluation services shall  have  appropriate  licensure  and/or  certif-
ication  and  that  the  individual  who  shall  have direct supervision
responsibilities over such staff shall  have  an  appropriate  level  of
experience  in  providing evaluation or services to preschool or kinder-
garten-aged children with disabilities. To be eligible for  approval  as
an  evaluator  under this subdivision on and after July first, two thou-
sand eleven, a group of  appropriately  licensed  or  certified  profes-
sionals  shall  be formed as a limited liability company or professional
services corporation established pursuant  to  article  fifteen  of  the
business  corporation  law,  article  twelve  or thirteen of the limited
liability company law or article eight-B of  the  partnership  law.  The
approval  of  any groups of licensed or certified professionals that are
in existence on July first, two thousand eleven and would not be  eligi-
ble  for approval thereafter shall terminate on July first, two thousand
thirteen.
  (c) The commissioner  shall  establish  a  billing  and  reimbursement
system for services provided by SCHOOL DISTRICTS AND evaluators approved
pursuant  to  the provisions of this subdivision consistent with billing
and  reimbursement  for  evaluation  services  provided  by   evaluators
approved pursuant to the provisions of subdivision nine of this section.
  S  47. Paragraph c of subdivision 1 of section 4410-b of the education
law, as added by chapter 6 of the laws of 2000, is amended  to  read  as
follows:
  c.  "IEP team" means a committee on special education, [a subcommittee
on special education,] OR a committee on preschool special education [or
a subcommittee on preschool special education].
  S 48. This act shall take effect July 1, 2013, provided that  if  this
act shall become a law after such date, it shall take effect immediately
and  shall  be deemed to have been in full force and effect on and after
July 1, 2013 and provided further, nothing in section twelve of this act
shall be construed to require the retrofitting of school buses purchased
prior to the effective date of this act, and provided further that:
  (a) the amendments to paragraph a of subdivision 14 of section 305  of
the  education  law made by section five of this act shall be subject to
the expiration and reversion of such paragraph pursuant to  chapter  698

S. 5557                            27

of  the  laws of 1996, as amended, when upon such date the provisions of
section six of this act shall take effect;
  (b)  the amendments to paragraph e of subdivision 14 of section 305 of
the education law made by section seven of this act shall not affect the
repeal of such paragraph and shall be deemed repealed therewith;
  (c) the amendments to subdivision 2 of  section  103  of  the  general
municipal  law  made by section nine of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section  41  of
part  X  of  chapter  62 of the laws of 2003, as amended, when upon such
date the provisions of section ten of this act shall take effect;
  (d) the amendments to subparagraph 2 of paragraph (b) of subdivision 4
of section 2590-b of the education law made by section fifteen  of  this
act shall not affect the repeal of such subdivision or the expiration of
such section and shall be deemed to repeal or expire therewith;
  (e)  the  amendments to paragraph (a) of subdivision 4 of section 2853
of the education law made by  section  sixteen  of  this  act  shall  be
subject  to  the  expiration and reversion of such paragraph pursuant to
chapter 378 of the laws of 2007, as amended, when  upon  such  date  the
provisions of section seventeen of this act shall take effect;
  (f) the amendments to subdivision 2 of section 3602-c of the education
law made by section eighteen of this act shall not affect the expiration
of such subdivision and shall be deemed to expire therewith;
  (g) the amendments to subdivision 7 of section 3602-c of the education
law made by section nineteen of this act shall not affect the expiration
or  repeal  of  such  provisions and shall be deemed to expire or repeal
therewith;
  (h) the amendments to subparagraph 2 of paragraph b of  subdivision  1
of  section  4402  of  the education law made by section twenty-eight of
this act shall be subject  to  the  expiration  and  reversion  of  such
subparagraph  pursuant  to  chapter 352 of the laws of 2005, as amended,
when upon such date the provisions of section twenty-nine  of  this  act
shall take effect;
  (i)  the amendments to subdivision 16 of section 4403 of the education
law made by section thirty-four of this act shall  take  effect  on  the
same  date  and in the same manner as section 4 of part E of chapter 501
of the laws of 2012, takes effect;
  (j) the amendments to clause (b) of subparagraph 1 of paragraph  b  of
subdivision 1 of section 4402 of the education law made by section thir-
ty-five  of this act shall be subject to the expiration and reversion of
such clause pursuant to chapter 378 of the laws  of  2007,  as  amended,
when  upon  such  date  the provisions of section thirty-six of this act
shall take effect;
  (k) the amendments to paragraph a of subdivision 1 of section 4404  of
the education law made by section forty-two of this act shall not affect
the  expiration of such subdivision and shall be deemed to expire there-
with; and
  (l) the amendments to subparagraph 1 of paragraph a of  subdivision  3
of section 4410 of the education law made by section forty-three of this
act  shall  be  subject to the expiration and reversion of such subpara-
graph pursuant to chapter 378 of the laws of 2007, as amended, when upon
such date the provisions of section forty-four of this  act  shall  take
effect.

S5557A (ACTIVE) - Bill Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Rpld §4402 sub 1 ¶b sub¶ 3 cl (h) & (d-2), sub 1 ¶b sub¶ 1 cl (d), 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

S5557A (ACTIVE) - Bill Texts

view summary

Establishes Earth day; relates to mandate relief for school districts; relates to the provision of special education programs and services parentally placed in non-public schools through dual enrollment; eliminates requirement that the commissioner of education make appointments to the state-supported schools; relates to the committee on special education membership requirements; eliminates the requirement for written parental consent prior to placement of a student with a disability in July/August program; relates to transportation of students with disabilities parentally placed in private school; establishes that all school districts are approved evaluators of preschool students suspected of having a disability; relates to the statute of limitations for special education due process hearings; relates to committee on preschool special education; relates to the selection of a preschool evaluator; relates to referrals of state adult service agencies for certain students with disabilities who have reached the age of 18; relates to giving school districts or boards of cooperative educational services the option of advertising procurement bids in the state's opportunities newsletter; relates to the state smart growth public infrastructure criteria; relates to school omnibus signs complying with federal motor vehicle safety standards.

view sponsor memo
BILL NUMBER:S5557A

TITLE OF BILL: An act to amend the education law, in relation to
establishing Earth day; to amend the education law, in relation to
mandate relief for school districts and certain other educational
entities; to amend the education law, in relation to removing
references to subcommittees on special education; to amend the
education law, in relation to the provision of special education
programs and services to students parentally placed in non-public
schools through dual enrollment in the public schools; to amend the
education law, in relation to eliminating the requirement that the
commissioner of education make appointments to state-supported
schools; to amend the education law, in relation to the committee on
special education membership requirements; to amend the education law,
in relation to transportation of students with disabilities parentally
placed in a private school; to amend the education law, in relation to
establishing that all school districts are approved evaluators of
preschool students suspected of having a disability; to amend the
education law, in relation to the statute of limitations for special
education due process hearings; to amend the education law, in
relation to the committee on preschool special education membership;
to amend the education law, in relation to the selection of a
preschool evaluator; to amend the education law, in relation to
referrals to state adult service agencies for certain students with
disabilities who have reached the age of 18; to amend the education
law and the general municipal law, in relation to giving school
districts or boards of cooperative educational services the option of
advertising procurement bids in the state's opportunities newsletter;
to amend the environmental conservation law, in relation to the state
smart growth public infrastructure criteria; to amend the vehicle and
traffic law, in relation to school omnibus signs complying with
federal motor vehicle safety standards; to repeal subdivision 15 of
section 353 of the executive law relating to the duties of the
director of the division of veterans' affairs; to repeal clause (h) of
subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the
education law relating to reports on certain children of Vietnam
veterans; to repeal clause (d) of subparagraph 1 of paragraph b of
subdivision 1 of section 4402 of the education law relating to
subcommittees on special education; and to repeal clause (d-2) of
subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the
education law relating to the requirement that boards of education
develop plans and policies for appropriate declassification of
students with disabilities

Purpose of the Bill:

The proposed legislation would eliminate or reduce a significant
number of legislative mandates and provide greater flexibility
relating to transportation, educational management services and
special education requirements.

Summary of the Provisions of the Bill:

Section 1 would amend § 810 of the Education Law to eliminate the
requirement that public schools assemble their students on
Conservation Day to provide instructionally related activities related


to conservation. Instead, this section provides districts with
flexibility in celebrating Earth Day.

Section 2 would add a new subdivision (3-b) to § 3035 of the Education
Law to eliminate duplicative fingerprints for school bus drivers.
Currently, the State requires a second set of fingerprints for school
bus drivers who have already been certified under § 509-cc of the
vehicle and traffic law. This section also authorizes the Division of
Criminal Justice to provide subsequent criminal history notifications
directly to the Commissioner upon notification that a prospective
employee has been cleared for employment.

Section 3 would amend § 305(14)(a) of the Education Law to authorize
that certain contracts may be advertised in the state's procurement
opportunities newsletter in accordance with article 4-C of the
economic development law and to eliminate the that contracts for the
maintenance and operation of cafeteria or restaurant services be
competitively bid.

Section 4 would amend § 305(14)(e) of the Education Law to allow for
transportation and cafeteria contracts to be awarded through a request
for proposals process based on "best value". Currently, State law
requires the awarding of school district contracts to lowest,
responsible bidders. For complex technical and service contracts, this
would allow districts to consider other factors in awarding contracts.
This might include costs, such as conversion costs, rather than solely
the price bid, for a product.

Section 5 would amend § 305(14) of the Education Law to add a new
paragraph (g) to authorize the piggybacking of transportation
contracts between districts that contract with a private
transportation contractor.

Sections 6 and 7 would amend § 103(2) of the General Municipal Law to
provide local governments with the option of advertising procurement
bids in the state's opportunities newsletter.

Section 8 would amend § 6-0107(1) of the Environmental Conservation
Law to eliminate compliance with the smart growth legislation adopted
as Chapter 433 of the Laws of 2010 for reconstruction projects,
renovations, repairs or improvements 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 more than 125,000 inhabitants.

Section 9 would amend § 375(20) of the Vehicle and Traffic Law to
eliminate the requirement for back-lit school bus signs. This would
encourage districts to replace such back-lit school bus signs with
federally compliant reflective materials, consistent with the
provision currently in place in 48 out of 50 states. This section does
not require the retrofitting of school buses purchased prior to the
effective date of this act.

Section 10 would repeal § 353(15) of the Executive Law which requires
school districts to provide a form to parents of certain children with
disabilities who are veterans of the Vietnam war for a report to the
Division of Veterans' Affairs for research purposes.


Section 11 would authorize a study of the feasibility and desirability
of authorizing school districts and boards of cooperative educational
services (BOCES) to enter national credit card contracts as a
cost-saving measure, with appropriate safeguards. Such contracts could
potentially provide cost savings or revenues for districts,
particularly where rebates are offered based on volume of purchases.

Section 12 would amend § 2590-b(4)(b)(2) and sections 13 and 14 would
amend § 2853(4)(a) of the Education Law to make conforming changes to
remove references to subcommittees on special education.

Section 15 would amend § 3602-c of the Education Law to clarify the
definition of services and provide that special education services for
such students do not include special classes or integrated
co-teaching. The bill would clarify that responsibilities for July and
August services are though the students' school district of location.
This provision would also change the date from June 1 to April 1 for a
parent to request special education services. Finally, the section
would make mediation mandatory where due process complaints are sought
prior to any request for an impartial hearing.

Section 16 would amend § 3602-c(7) of the Education Law to establish
regional rate methodologies for billing to districts for costs of
services, evaluations and special education administration.

Section 17 would amend § 4002(2)(e) to remove references to the
Commissioner of Education's authority to appoint students to
state-supported schools.

Section 18 would amend § 4201 of the Education Law to remove the
authority of the Commissioner of Education to make appointments to
state-supported schools.

Section 19 of the bill would amend § 4203 of the Education Law and
section 20 would amend § 4204(3) of the Education Law to remove
references to the Commissioner of Education's authority to appoint
student to state-supported schools and to clarify that placement of
pupils to institutions for instruction of the deaf may be recommended
by the committee on special education, or committee on preschool
special education where applicable, of the school district responsible
for educating the pupil, and may include the provision of special
education programs and services in July or August in accordance with
the provisions of § 4402(2)(a).

Section 21 would amend § 4206 of the Education Law to remove
references to the Commissioner of Education's authority to appoint
students to institutions for the instruction of the blind and would
clarify that placement in such institutions may be recommended by the
committee on special education, or committee on preschool special
education where applicable, of the school district responsible for
educating such pupil, and may include the provision of special
education programs and services in July or August in accordance with
the provisions of § 4402(2)(a).

Section 22 would amend § 4207 of the Education Law to remove the
Commissioner of Education's authority for appointments to the New York
Institute for Special Education and provides that the committee on


special education of the school district responsible for the education
of the pupil, with the consent of the trustees of the New York
Institute for Special Education has the authority to recommend
extension of the term of any pupil attending the institution.

Section 23 would amend § 4213 of the Education Law to conform language
and remove references of appointments to the New York Institute for
Special Education.

Section 24 would amend § 4401(2)(d) of the Education Law, section 27
would amend § 4402(2)(b)(2) of the Education Law and section 31 would
amend § 4403(16) of the Education Law to conform language and remove
references of appointments by the Commissioner of Education to
state-supported schools.

Section 25 and 26 would amend § 4402(1)(b)(2), section 28 would amend
§ 4402(1)(b) (3a) and section 30 would amend § 4403(8) and (9) of the
Education Law to make conforming changes to remove references to
subcommittees on special education.

Section 29 would repeal § 4402(1)(b)(3)(h) of the Education Law to
remove the requirement to file certain reports on students with
disabilities who are the children of Vietnam Veterans.

Sections 32 and 33 would amend § 4402(1)(b)(1)(a), (b) and (c) of the
Education Law to eliminate the requirement that the committee on
special education membership must include a school physician. This
section would also limit the mandatory requirement for a school
psychologist to serve on the committee on special education, to those
meetings which determine a student's initial eligibility for special
education services.

Section 34 would repeal § 4402(1)(b)(1)(d) of the Education Law
relating to subcommittees on special education.

Section 35 would repeal § 4402(1)(b)(3)(d-2) of the Education Law
requiring boards of education to develop plans and policies for
appropriate declassification of students with disabilities.

Section 36 would amend § 4402(1)(b)(5) and (7) of the Education Law to
eliminate the requirement that the committee on special education or
multidisciplinary team provide written notice that a child placed in a
residential program in not entitled to receive tuition free
educational services after the age of 21 or upon receipt of a high
school diploma. Instead, this section would provide, at the first
annual review of a student with a disability placed in a residential
program or a student determined by the committee on special education
or multidisciplinary team likely to require adult residential services
after the student has attained the age of 18, for the development of
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 Health (OMH) or the Office
for People with Developmental Disabilities (OPWDD) 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 37 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 non-public 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.

Section 38 would amend § 4404(1)(a) of the Education Law to provide
that a due process hearing must be requested within one year of the
date the parent or district had knowledge of the underlying issue with
an exception that for parents seeking tuition reimbursement such
request must be made within 180 days of the date the parent placed
his/her child in the private school.

Section 39 would amend § 4410(4)(b) of the Education Law to repeal the
requirement that the parent selects the preschool evaluator. The bill
would replace this provision with the requirement that each board
shall, within the time limits established by the commissioner, be
responsible for providing the parent of a preschool child suspected of
having a disability, with a list of approved evaluators in the
geographic area. This section would also require that the school
district consider the parent's expressed preference, if any, in the
selection of the evaluator.

Section 40 would amend § 4410(9-a) of the Education Law to establish
that all school districts are approved evaluators of preschool
students suspected of having a disability without the need to submit
an application to the state education department.

Section 41 would amend § 4410-b(1)(c) of the Education Law to conform
language and remove references to subcommittees on special education.

Section 42 is the effective date. This section also provides that
nothing in section nine shall be construed to require the retrofitting
of school buses purchased prior to the effective date of the act.

Statement in Support of the Bill:

As school districts adjust to challenging fiscal conditions at all
levels of government, mandate relief becomes vital in order to
preserve funding for critical priorities. While many mandates were
originally enacted to enhance the rights, protections and performance
of students and the fiscal accountability of school districts, not all
mandates have produced their intended results. In these fiscal times,
it is imperative that a thoughtful and targeted series of changes be
made to repeal mandates that have grown too burdensome and costly and
which are not essential to improving results for students.

The proposed legislation would eliminate or reduce a significant
number of legislative mandates and provide greater flexibility
relating to transportation, educational management services and
special education.


Transportation Mandate Relief:

The bill amends § 3035 of the Education Law to eliminate duplicative
fingerprints for school bus drivers. Currently, the State requires a
second set of fingerprints for school bus drivers who have already
been certified under § 509-cc of the vehicle and traffic law. This
provision would authorize the Department of Motor Vehicles to forward
a copy of a prospective employee's criminal history record and
fingerprints to the commissioner of education to complete the
Department's review of the prospective employee. Upon notification
that the employee has been cleared for employment by the commissioner,
the Division of Criminal Justice Services would have the authority to
provide any additional subsequent criminal history notifications
directly to the commissioner.

Proposed amendments to § 305(14)(a) of the Education Law would
authorize contracts for the transportation of school children, to
maintain school buses owned or leased by a school district, contracts
for mobile instructional units, and contracts to provide, maintain and
operate cafeteria or restaurant service by a private food service
management company to be advertised in the state's procurement
opportunities newsletter in accordance with article 4-C of the
economic development law. This is anticipated to provide greater
visibility for procurement opportunities and as a result, increase
competition and ultimately result in anticipated cost-savings to the
district.

Section 375(20) of the Vehicle and Traffic Law would be amended to
eliminate the requirement for back-lit school bus signs This would
encourage districts to replace such back-lit school bus signs with
federally compliant reflective materials, consistent with the
provision currently in place in 48 out of 50 states. This provision
would not require school buses purchased prior to the effective date
of this act, to be retro-fitted to comply with this provision.

Educational Management Services Mandate Relief:

The proposed legislation would provide operational efficiencies for
Boards of Cooperative Educational Services (BOCES) and school
districts.

Amendments to § 305(14)(e) of the Education Law would eliminate the
requirement that contracts for maintenance and operation of cafeteria
or restaurant services be competitively bid. Instead, this act would
allow these contracts and transportation contracts to be awarded
through a request for proposals process by "best value" consistent
with Chapter 2 of the Laws of 2012. For complex technical and service
contracts, this would allow districts to consider other factors in
awarding contracts. This might include costs, such as conversion
costs, rather. than solely the price bid for a product. Section 103 of
the general municipal law is also amended to provide school districts
with the option of publishing procurement notices in the Contract
Reporter instead of publishing in newspapers. Under current law
districts are required to advertise in official newspapers designated
by the board of education when placing legal notices. This option
would reduce advertising costs and provide access to a greater


audience leading to greater interest and ultimately better pricing for
districts.

The proposed amendment to § 305(14) of the Education Law would expand
a school district and/or BOCES authority to purchase transportation
services by authorizing the piggybacking of transportation contracts
between districts that contract with a private transportation
contractor. This amendment would create efficiencies and cost-savings
to districts and BOCES across the State.

The bill would authorize a study of the feasibility and desirability
of authorizing school districts and BOCES to enter national credit
card contracts as a cost-saving measure, with appropriate safeguards.
Such contracts could potentially provide cost savings or revenues for
districts, particularly where rebates are offered based on volume of
purchases.

The bill also eliminates the mandate for school districts to observe
Conservation Day and assemble students and provide instructionally
related activities on that day. Instead, the bill replaces
Conservation Day with Earth Day and gives districts the flexibility to
find the best utilization of their curriculum and resources to embed
instruction related to the earth's natural environment sometime during
the academic year of instruction.

Finally, section 6-0107(1) of the environmental conservation. law is
amended to eliminate compliance with the "Smart Growth" legislation
enacted pursuant to Chapter 433 of the Laws of 2010 for improvements
to existing structures. Under current statute, all school districts
must conduct "Smart Growth Impact Statements" to ensure capital
construction projects are aligned with recently developed smart growth
criteria to avoid urban sprawl and reduce urban blight. The first
criterion of the "Smart Growth Criteria" is to encourage the reuse of
existing infrastructure thereby negating need for new development.
Since nearly 95% of school projects involve the rehabilitation of
existing facilities for continued use as schools, the bill eliminates
an onerous and unnecessary mandate on districts and State Education
Department staff by eliminating "Smart Growth Impact Statements."

Special Education Mandate Relief:

The repeal and amendments to the special education provisions
recommended in this legislation will provide both potential cost
savings as well as necessary relief from administrative tasks and
increased flexibility on how schools may best utilize their existing
resources while continuing to provide procedural protections and
ensure that students with disabilities receive a free appropriate
public education as required by federal law.

The proposed amendments to § 3602-c of the Education Law relating to
the provision of special education to parentally-placed nonpublic
schools are based on recommendations made by a group of
representatives of nonpublic school, parents, teachers,
superintendents of schools, school administrators and school board
members convened by SED to discuss how changes to state law would
result in time, cost and service provision efficiencies, while
balancing the need of school districts to avoid unnecessary costs,


reduce disputes over billing issues and due process complaints and
have timely notice that districts need to budget and make arrangement
for services to dually enrolled students with disabilities.
Specifically, the bill would clarify the definition of education
services and provide that special education services for such students
do not include special classes or integrated co-teaching; clarify that
responsibilities for July and August services are through students'
school district of location; change the date from June 1 to April 1
for a parent to request special education services from the district
of location; specify that if a student is first identified as a
student with a disability after June 1, the parent would have 30 days
from the development of the individualized education services program
(IESP) to file a request for services with the district of location.
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 where due process complaints
are sought prior to any request for an impartial hearing and require
the commissioner to establish a timeframe under which the mediation
session must be conducted so as not to delay a parent's right to due
process.

This bill would also authorize the commissioner of education to
establish regional rate methodologies that districts may use for
billing to districts for costs of services, evaluations and special
education administration for parentally-placed students with
disabilities. 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 section would also make a
technical correction to remove language that suggests that a
chargeback may be made for due process costs, to conform to authorized
costs designated in Education Law § 3602-c(7)(b). These amendments
address concerns expressed by school officials about the burden and
costliness of having to compute costs on an individual basis through
the proposal that the State establish regional rates for certain
evaluations and services which the districts would have the option of
using. Further, the proposed amendments to § 3602c(7) would provide
districts of location one year from the end of the school year in
which costs are incurred to bill for the cots, 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.

In addition, the bill would make a related amendment to Education Law
§ 4402(4)(d), to provide that where the board of education of a
student's school district of residence provides transportation up to a
distance of 50 miles to and from a non-public school which a student
identified with a disability attends for the purpose of receiving
services or programs from the non-public 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.

Amendments to § 4402(1)(b)(1) of the Education Law would more closely
align the membership of the CSE to the federal individualized
education program (IEP) team membership by repealing the requirement
that the CSE membership must include a school physician. The amendment
would limit the mandatory requirement for a school psychologist to
serve on the committee on special education, to those meetings which
determine a student's initial eligibility for special education
services. The Department anticipates costs savings resulting from an
elimination of reimbursement costs for costs associated with the
participation of the school psychologist at every meeting in addition
to the meeting to determine a student's initial eligibility for
special education and for costs of rescheduling meetings when the
school psychologist is not available to attend the scheduled meetings.

Amendments to § 4410(4)(b) of the Education Law would repeal the
requirement that parents may select the preschool evaluator and
replace it with the requirement that the school district must, after
providing the parent with a list of approved preschool evaluators and
after obtaining parental consent to evaluate, arrange for an
evaluation by the service provider selected by the district who can
provide the evaluation of the student within the timeline required by
the Sate. In selecting the evaluator, the district must consider the
parent's expressed preference, if any, for the evaluator. The bill
would also provide relief to the State and to districts by amending
4410(9-a) of the Education Law to establish that all school districts
are approved evaluators of preschool students suspected of having a
disability without the need to submit an application to SED, providing
administrative relief to districts while at the same time addressing
the programmatic need for more approved evaluators of preschool
children to ensure their timely evaluations.

Section 4404(1)(a) of the Education Law is amended to provide that a
due process hearing must be requested within one year of the date the
parent or district had knowledge of the underlying issue. The
amendment provides for exceptions as required by federal law and with
an exception that for parents seeking tuition reimbursement that such
request must be made within 180 days of the date the parent placed his
or her child in the private school. When a claim encompasses multiple
school years, the record in an impartial hearing can become voluminous
and the cost of defending the complaint rises.

Section 4002(2)(e) of the Education Law would be amended to remove
references to the Commissioner of Education's authority to appoint
students to state-supported schools. Conforming changes would be made
to §§ 4201, 4203, 4401(2) and 4402(2)(b)(2) of the Education Law.
Section 4204(3) of the Education Law would also be amended to remove
references to the Commissioner's authority to appoint student to
state-supported schools and to clarify that placement of pupils to
institutions for instruction of the deaf may be recommended by the CSE


or CPSE where applicable, of the school district responsible for
educating the student, and may include the provision of special
education programs and services in July or August in accordance with
the provisions of § 4402(2)(a). Similarly, § 4206 of the Education Law
would be amended to remove references to the Commissioner of
Education's authority to appoint students to institutions for the
instruction of the blind and would clarify that placement in such
institutions may be recommended by the CSE, or CPSE where applicable,
of the school district responsible for educating such student, and may
include the provision of special education programs and services in
July or August in accordance with the provisions of § 4402(2)(a).
4207 of the Education Law would be amended to remove the
Commissioner's authority for appointments to the New York Institute
for Special Education and provides that the committee on special
education of the school district responsible for the education of the
pupil has the authority to recommend extension of the term of any
pupil attending the institution. § 4213 of the Education Law would be
amended to conform language and remove references of appointments to
the New York Institute for Special Education.

Education Law § 4402(1)(b)(3)(d-2) would be repealed which currently
require boards of education to develop plans and policies for
appropriate declassification of students with disabilities. Federal
law requires that each child with a disability be reevaluated at least
once every three years to determine a student's continuing eligibility
for special education and to require a reevaluation of a student prior
to declassification. Therefore, it is not necessary for boards of
education to establish additional plans and policies.

The bill also proposes to amend § 4402(1)(b)(3)(h) of the Education
Law to remove the outdated requirement to file certain reports on
students with disabilities who are the children of Vietnam Veterans.

Federal law establishes transition planning requirements on school
districts, including the requirement to invite potential transition
providers, which could include adult service agencies, to CSE meetings
to prepare a student for transition to adult life. To streamline these
requirements, Education Law § 4402(1)(b) (5) and (7) would be amended
to provide at the first annual review of a student with a disability
placed in a residential program or a student determined by the
committee on special education or multidisciplinary team likely to
require adult residential services after the student has attained the
age of 18, for the development 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 Health
(OMB), Office for People with Developmental Disabilities (OPWDD) or
the State Education Department (SED) to participate in such
recommendations and upon consented release of the student's
information, refer the student to the appropriate public agency for
services. These amendments would utilize appropriate language,
consistent throughout the Education Law, to provide for transitional
programs for those students with a disability who have reached the age
of 18 and who are placed in a residential program by their CSE or
multidisciplinary team and day students with a disability who have
reached the age of 18 and whose CSE or multidisciplinary team has


determined that it is likely the student will require adult
residential services.

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 entirety.

Prior Legislative History:

Portions of this bill were submitted as SED Proposal No. 5 for 2013.
SED Proposal No. 5 was introduced in the Senate as S.5557 and was
referred to the Education Committee. It was also introduced in the
Assembly as A.7060 and was referred to the Education Committee. No
further action was taken.

Portions of this bill were submitted as SED Proposal No. 12 for 2011,
together with several provisions that were enacted in Chapter 97 of
the Laws of 2011. SED No. 12 was introduced in the Senate as S.5816,
was referred to the Senate Education Committee, and no further action
was taken.

In 2012, this bill was submitted, together with several provisions
that were enacted in Chapters 2, 260, 276 and 308 of the Laws of 2012.
This bill was introduced in the Assembly as A. 10290 and was referred
to the Education Committee. It was also introduced in the Senate as S.
6688, was referred to the Education Committee and reported to the
Senate Finance Committee. No further action was taken.

Effective Date:

This act would take effect July 1, 2014, provided that in the event
the act shall become law after such date, it will become effective
immediately and will be deemed to have been in full force and effect
on and after July 1, 2014. Further, nothing in section nine of the act
would be construed to require the retrofitting of school busses
purchased prior to the effective date of this act.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5557--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 20, 2013
                               ___________

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 Education -- recommitted to the Commit-
  tee on Education in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in  relation  to  establishing  Earth
  day;  to  amend  the  education law, in relation to mandate relief for
  school districts and certain other educational entities; to amend  the
  education  law, in relation to removing references to subcommittees on
  special education; to amend the education  law,  in  relation  to  the
  provision  of  special  education  programs  and  services to students
  parentally placed in non-public schools through dual enrollment in the
  public schools; to amend the education law, in relation to eliminating
  the requirement that the commissioner of education  make  appointments
  to state-supported schools; to amend the education law, in relation to
  the  committee  on special education membership requirements; to amend
  the education law, in relation  to  transportation  of  students  with
  disabilities  parentally  placed  in  a  private  school; to amend the
  education law, in relation to establishing that all  school  districts
  are  approved  evaluators  of preschool students suspected of having a
  disability; to amend the education law, in relation to the statute  of
  limitations  for  special education due process hearings; to amend the
  education law, in relation  to  the  committee  on  preschool  special
  education  membership;  to amend the education law, in relation to the
  selection of a preschool evaluator; to amend  the  education  law,  in
  relation  to  referrals  to  state  adult service agencies for certain
  students with disabilities who have reached the age of  18;  to  amend
  the education law and the general municipal law, in relation to giving
  school  districts  or  boards  of cooperative educational services the
  option of advertising procurement bids in  the  state's  opportunities
  newsletter;  to  amend the environmental conservation law, in relation
  to the state smart growth public infrastructure criteria; to amend the
  vehicle and traffic law, in relation to school omnibus signs complying

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10264-07-4

S. 5557--A                          2

  with federal motor vehicle safety standards; to repeal subdivision  15
  of  section  353  of  the  executive law relating to the duties of the
  director of the division of veterans' affairs; to repeal clause (h) of
  subparagraph  3 of paragraph b of subdivision 1 of section 4402 of the
  education law relating to  reports  on  certain  children  of  Vietnam
  veterans;  to  repeal  clause  (d) of subparagraph 1 of paragraph b of
  subdivision 1 of section 4402 of the education law relating to subcom-
  mittees on special education; and to repeal clause (d-2)  of  subpara-
  graph  3 of paragraph b of subdivision 1 of section 4402 of the educa-
  tion law relating to the requirement that boards of education  develop
  plans  and  policies for appropriate declassification of students with
  disabilities

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

  Section 1. Section 810 of the education law, as amended by chapter 616
of  the  laws  of 1969 and subdivision 1 as amended by chapter 96 of the
laws of 1978, is amended to read as follows:
  S 810. [Conservation] EARTH day.  [1. The last Friday  in  April  each
year  is  hereby  made and declared to be known as Conservation day, and
observed in accordance with the provisions of this chapter, except  that
for  the  year nineteen hundred seventy-eight, Conservation day shall be
May third.
  2. It shall be the duty of the authorities of every public  school  in
this  state  to  assemble  the pupils in their charge on that day in the
school building, or elsewhere, as they may deem proper, and  to  provide
for and conduct (1) such exercises as shall tend to encourage the plant-
ing,  protection  and preservation of trees and shrubs, and an acquaint-
ance with the best methods to be adopted to accomplish such results, and
(2) such lectures, pictures or tours, as  shall  tend  to  increase  the
interest  and  knowledge  of such pupils in the fish and wild life, soil
and water of the state.
  3. The commissioner of education may prescribe from  time  to  time  a
course  of  exercises  and  instruction  in  the  subjects  hereinbefore
mentioned, which shall be adopted and  observed  by  the  public  school
authorities  on  Conservation day. Upon receipt of copies of such course
sufficient in number to supply all the schools under their  supervision,
the  school  authorities  aforesaid  shall  promptly provide each of the
schools under their charge with a copy, and cause  it  to  be  observed]
ANNUALLY, IT SHALL BE THE DUTY OF THE AUTHORITIES OF EVERY PUBLIC SCHOOL
IN  THIS  STATE  TO  OBSERVE  EARTH  DAY  AS THEY MAY DEEM PROPER AND TO
ENCOURAGE INSTRUCTION ON THE EARTH'S NATURAL ENVIRONMENT AS APPROPRIATE.
  S 2. 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 SECTION TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAF-
FIC LAW, THE DEPARTMENT OF MOTOR VEHICLES SHALL BE AUTHORIZED TO FORWARD
A  COPY  OF  SUCH INDIVIDUAL'S CRIMINAL HISTORY RECORD AND SUCH INDIVID-
UAL'S FINGERPRINTS TO THE COMMISSIONER  FOR  PURPOSES  OF  CONDUCTING  A
CRIMINAL  HISTORY  RECORD  CHECK  PURSUANT TO THIS SECTION. FURTHERMORE,
UPON NOTIFICATION THAT SUCH PROSPECTIVE EMPLOYEE HAS  BEEN  CLEARED  FOR
EMPLOYMENT BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE DIVISION OF

S. 5557--A                          3

CRIMINAL JUSTICE SERVICES SHALL HAVE THE AUTHORITY TO PROVIDE SUBSEQUENT
CRIMINAL HISTORY NOTIFICATIONS DIRECTLY TO THE COMMISSIONER.
  S  3.  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
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

S. 5557--A                          4

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  4.  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
education or trustee of a district. A CONTRACT AWARDED THROUGH A REQUEST
FOR PROPOSALS SHALL BE AWARDED BASED ON BEST VALUE  IN  ACCORDANCE  WITH
SECTION  ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW. The commission-
er, in addition to his existing statutory authority to approve or disap-
prove transportation contracts, may reject any award of a transportation
contract or a contract for mobile instructional 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  5. Subdivision 14 of section 305 of the education law is amended by
adding a new paragraph g to read as follows:
  G. NOTWITHSTANDING THE PROVISIONS OF  THIS  SUBDIVISION,  SECTION  ONE
HUNDRED  THREE  OF  THE GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF
LAW TO THE CONTRARY, THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER
INTO A PIGGYBACK CONTRACT WITH ANOTHER SCHOOL DISTRICT  THAT  TRANSPORTS
STUDENTS  PURSUANT  TO A CONTRACT WITH A PRIVATE TRANSPORTATION CONTRAC-
TOR, PROVIDED THAT THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE
AND ENTRY INTO A PIGGYBACK CONTRACT WILL RESULT IN A COST SAVINGS TO THE

S. 5557--A                          5

SCHOOL DISTRICT. FOR PURPOSES OF THIS PARAGRAPH, A "PIGGYBACK  CONTRACT"
MEANS  A  CONTRACT FOR THE TRANSPORTATION OF STUDENTS THAT: (1) PROVIDES
TRANSPORTATION TO A LOCATION OUTSIDE THE STUDENTS'  SCHOOL  DISTRICT  OF
RESIDENCE  TO  WHICH ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANS-
PORTATION TO ITS OWN  STUDENTS  THROUGH  AN  EXISTING  CONTRACT  WITH  A
PRIVATE  TRANSPORTATION  CONTRACTOR,  OTHER  THAN  A  COOPERATIVELY  BID
CONTRACT; (2) IS ENTERED INTO BY THE PRIVATE  TRANSPORTATION  CONTRACTOR
AND  EACH  SCHOOL DISTRICT INVOLVED; AND (3) PROVIDES FOR TRANSPORTATION
IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTA-
TION CONTRACT.
  S 6. Subdivision 2 of section 103 of the  general  municipal  law,  as
amended  by  section 4 of chapter 608 of the laws of 2011, is amended to
read as follows:
  2. Advertisement for bids and offers shall be published in  the  offi-
cial  newspaper  or  newspapers,  if any, or otherwise in a newspaper or
newspapers designated for such purpose OR  IN  THE  STATE'S  PROCUREMENT
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
notice will be publicly opened and read and where the  identity  of  all
offerers  will be publicly disclosed, and the designation of the receiv-
ing device if the political subdivision or district has  authorized  the
receipt of bids and offers in an electronic format. Such board or agency
may by resolution designate any officer or employee to open the bids and
offers  at  the  time  and  place specified in the notice. Such designee
shall make a record of such bids and offers 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 and
the identity of all offerers shall be publicly disclosed 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 and offers.
  S  7.  Subdivision  2  of section 103 of the general municipal law, as
amended by section 5 of chapter 608 of the laws of 2011, is  amended  to
read as follows:
  2.  Advertisement  for bids and offers shall be published in the offi-
cial newspaper or newspapers, if any, or otherwise  in  a  newspaper  or
newspapers  designated  for  such  purpose OR IN THE STATE'S PROCUREMENT
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
notice  will  be  publicly opened and read and where the identity of all
offerers will be publicly disclosed. Such board or agency may by  resol-
ution  designate  any officer or employee to open the bids and offers at
the time and place specified in the notice. Such designee shall  make  a
record  of  such bids and offers 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  and  the
identity  of  all  offerers  shall be publicly disclosed 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 and offers.

S. 5557--A                          6

  S 8. Subdivision 1 of section 6-0107 of the environmental conservation
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 9. 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  REQUIRE  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
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-

S. 5557--A                          7

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 10. Subdivision 15 of section 353 of the executive law is REPEALED.
  S  11.  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 of educa-
tion shall submit a report to the board of regents, the governor and the
legislature by no later than January 15, 2015, with  recommendations  on
whether  and  under what conditions such credit card contracts should be
authorized and identifying any legislative or  regulatory  changes  that
would be needed to authorize such credit card contracts.
  S  12.  Subparagraph  2  of  paragraph (b) of subdivision 4 of section
2590-b of the education law, as amended by chapter 345 of  the  laws  of
2009, is amended to read as follows:
  (2)  advise  and  comment  on  the  process of establishing committees
[and/or  subcommittees]  on  special  education  in   community   school
districts pursuant to section forty-four hundred two of this chapter;
  S  13. Paragraph (a) of subdivision 4 of section 2853 of the education
law, as amended by chapter 378 of the laws of 2007, is amended  to  read
as follows:
  (a)  For purposes of sections seven hundred one, seven hundred eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter school shall be deemed a nonpublic school  in  the  school  district
within  which  the charter school is located. Special education programs
and services shall be provided to students with a disability attending a
charter school in accordance with the individualized  education  program
recommended  by  the committee [or subcommittee] on special education of
the student's school district  of  residence.  The  charter  school  may
arrange  to have such services provided by such school district of resi-
dence or by the charter school directly  or  by  contract  with  another
provider.  Where the charter school arranges to have the school district
of  residence  provide such special education programs or services, such
school district shall provide services in the same manner as  it  serves
students  with  disabilities  in  other  public  schools  in  the school
district, including the provision of supplementary and related  services
on  site  to  the  same  extent  to which it has a policy or practice of
providing such services on the site of such other public schools.
  S 14. Paragraph (a) of subdivision 4 of section 2853 of the  education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:
  (a) For purposes of sections seven hundred one, seven hundred  eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter  school  shall  be  deemed a nonpublic school in the school district
within which the charter school is located. Special  education  programs
and services shall be provided to students with a disability attending a
charter  school  in accordance with the individualized education program
recommended by the committee [or subcommittee] on special  education  of
the  student's  school  district  of  residence.  The charter school may
arrange to have such services provided by such school district of  resi-
dence  or  by  the  charter  school directly or by contract with another
provider.

S. 5557--A                          8

  S 15. 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, INCLUDING SPECIAL EDUCA-
TION PROGRAMS AND RELATED SERVICES AS  DEFINED  IN  SUBDIVISION  TWO  OF
SECTION  FORTY-FOUR  HUNDRED  ONE OF THIS CHAPTER 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
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

S. 5557--A                          9

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  TWELVE  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
IN ACCORDANCE WITH A TIMELINE PRESCRIBED BY THE COMMISSIONER.
  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
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 DURING A JULY/AUGUST SPECIAL EDUCATION PROGRAM,
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  COMMIS-
SIONER.  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 16. 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

S. 5557--A                         10

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
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 17. Paragraph e of subdivision 2 of section 4002  of  the  education
law,  as added by chapter 563 of the laws of 1980, is amended to read as
follows:
  e. Appointment by the commissioner to  a  state  [or  state-supported]
school  in accordance with article [eighty-five,] eighty-seven or eight-
y-eight of this chapter OR ENROLLMENT IN  A  STATE-SUPPORTED  SCHOOL  IN
ACCORDANCE WITH ARTICLE EIGHTY-FIVE OF THIS CHAPTER.
  S 18. Subdivision 2 of section 4201 of the education law is amended to
read as follows:
  2. It shall be the duty of the commissioner:
  a.  To  inquire  into  the organization of the several schools and the
methods of instruction employed therein.
  b. To prescribe courses of study and methods of instruction that  will
meet  the  requirements of the state for the education of [state] pupils
ATTENDING SUCH SCHOOLS.
  c. [To make appointments of pupils to the several schools, to transfer
such pupils from one school to another as circumstances may require;  to
cancel appointments for sufficient reason.
  d.]  To  ascertain  by  a  comparison  with other similar institutions
whether any improvements in instruction and discipline can be made;  and

S. 5557--A                         11

for that purpose to appoint from time to time, suitable persons to visit
the schools.
  [e]  D.  To  suggest  to the directors of such institutions and to the
legislature such improvements as he shall judge expedient.
  [f] E. To make an annual report to  the  legislature  on  all  of  the
matters enumerated in this subdivision and particularly as to the condi-
tion  of the schools, the improvement of the pupils, and their treatment
in respect to board and lodging.
  S 19. Section 4203 of the education law is amended to read as follows:
  S 4203. Persons eligible for [appointment]  ENROLLMENT  as  pupils  to
institutions for instruction of the deaf.  All deaf children resident in
this state, of the age of three years and upwards and of suitable capac-
ity,  and  who shall have been resident in this state for one year imme-
diately preceding the application,  or,  if  an  orphan,  whose  nearest
friend  shall  have been resident in this state for one year immediately
preceding the  application,  shall  be  eligible  [to  appointment]  FOR
ENROLLMENT as [state] pupils in one of the institutions for the instruc-
tion  of  the  deaf  of  this  state,  authorized by law to receive such
pupils; provided, however, the foregoing requirement  as  to  length  of
residence  in  this state may be waived in the discretion of the commis-
sioner [of education]. PLACEMENT IN SUCH INSTITUTIONS  SHALL  BE  RECOM-
MENDED  BY THE COMMITTEE ON SPECIAL EDUCATION, OR COMMITTEE ON PRESCHOOL
SPECIAL EDUCATION WHERE APPLICABLE, OF THE SCHOOL  DISTRICT  RESPONSIBLE
FOR  EDUCATING  SUCH  PUPIL,  AND  SUCH  RECOMMENDATION  MAY INCLUDE THE
PROVISION OF SPECIAL EDUCATION PROGRAMS AND SERVICES IN JULY  OR  AUGUST
IN  ACCORDANCE  WITH THE PROVISIONS OF PARAGRAPH A OF SUBDIVISION TWO OF
SECTION FORTY-FOUR HUNDRED TWO OF THIS CHAPTER.
  S 20. Subdivision 3 of section 4204 of the education law,  as  amended
by section 51 of part A of chapter 58 of the laws of 2011, is amended to
read as follows:
  3.  The  regular  term  of instruction of any such deaf pupil shall be
twelve years, or until the pupil shall have attained the age of eighteen
years before the expiration of twelve years from the beginning  of  such
term.  The  [commissioner]  COMMITTEE ON SPECIAL EDUCATION may, in [his]
ITS discretion, [extend] RECOMMEND AN EXTENSION OF the term of any pupil
until [his] THE DATE OF THE SCHOOL YEAR IN  WHICH  THE  PUPIL'S  twenty-
first  birthday  OCCURS  AND  SUCH  PUPIL'S ELIGIBILITY ENDS PURSUANT TO
SUBDIVISION FIVE OF SECTION FORTY-FOUR HUNDRED TWO OF THIS  ARTICLE  for
the  purpose of pursuing or completing academic or vocational courses of
study. Such pupils must be recommended by the trustees of  the  institu-
tion  in  which  they  are in attendance before THE COMMITTEE RECOMMENDS
THAT such extension of time [is granted] BE MADE.
  S 21. Section 4206 of the education law, as amended by chapter  53  of
the laws of 1990, is amended to read as follows:
  S 4206. Persons  eligible  for [appointment] ENROLLMENT as pupils [to]
IN institutions for instruction of the blind.  1. All blind  persons  of
suitable  age  and  capacity  and  who shall have been residents in this
state for one year immediately preceding the application or, if a minor,
whose parent or parents, or, if an orphan, whose nearest  friend,  shall
have  been  a  resident in this state for one year immediately preceding
the application, shall  be  eligible  for  [appointment]  ENROLLMENT  as
[state]  pupils  to  the New York Institute for Special Education in the
city of New York or the Lavelle School for the Blind in the city of  New
York.
  2. Blind babies and children of the age of fifteen years and under and
possessing  the  other  qualifications  prescribed  in  this article and

S. 5557--A                         12

requiring kindergarten training or other special care  and  instruction,
shall be eligible for [appointment] ENROLLMENT as [state] pupils [by the
commissioner  of education at his discretion] in any incorporated insti-
tution  furnishing  approved  care,  training  and instruction for blind
babies and children, and any such child may be transferred  to  the  New
York  Institute  for  Special  Education  in the city of New York or the
Lavelle School for the Blind in the city of New York, to which he or she
would otherwise be eligible for [appointment] ENROLLMENT, upon  arriving
at suitable age[, in the discretion of the commissioner of education].
  3.  [All such appointments shall be made by the commissioner of educa-
tion.] The requirement of this section as to length of residence in this
state may be waived in the discretion of  the  commissioner  [of  educa-
tion].
  4.  PLACEMENT IN SUCH INSTITUTIONS SHALL BE RECOMMENDED BY THE COMMIT-
TEE ON SPECIAL EDUCATION, OR COMMITTEE ON  PRESCHOOL  SPECIAL  EDUCATION
WHERE  APPLICABLE, OF THE SCHOOL DISTRICT RESPONSIBLE FOR EDUCATING SUCH
PUPIL, AND SUCH RECOMMENDATION MAY  INCLUDE  THE  PROVISION  OF  SPECIAL
EDUCATION PROGRAMS AND SERVICES IN JULY OR AUGUST IN ACCORDANCE WITH THE
PROVISIONS  OF  PARAGRAPH  A  OF  SUBDIVISION  TWO OF SECTION FORTY-FOUR
HUNDRED TWO OF THIS CHAPTER.
  S 22. Subdivisions 3 and 4 of section 4207 of the  education  law,  as
amended  by  section 54 of part A of chapter 58 of the laws of 2011, are
amended to read as follows:
  3. The regular term of instruction of any such blind pupil in the  New
York  Institute for Special Education shall be eight years. The [commis-
sioner] COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT  RESPONSI-
BLE  FOR THE EDUCATION OF THE PUPIL, WITH THE CONSENT OF THE TRUSTEES OF
THE  NEW  YORK  INSTITUTE  FOR  SPECIAL  EDUCATION,  may  in  [his]  ITS
discretion [extend] RECOMMEND THE EXTENSION OF the term of any pupil for
a  period  not  exceeding  three  years. It shall also be lawful for the
[commissioner] COMMITTEE to continue such pupils [as state  pupils]  for
an  additional  period  of  three  years  for the purpose of pursuing or
completing a course of high school study[; such pupils  must  be  recom-
mended  by  the trustees of the New York Institute for Special Education
before such extension is granted].
  4. The term of appointment for blind babies and children of the age of
fifteen years and under received into any institution in accordance with
this article shall be  at  the  discretion  of  the  [commissioner]  THE
COMMITTEE  ON SPECIAL EDUCATION OR PRESCHOOL COMMITTEE ON SPECIAL EDUCA-
TION OF THE SCHOOL DISTRICT RESPONSIBLE FOR THE EDUCATION OF THE STUDENT
AND THE TRUSTEES OF THE NEW YORK INSTITUTE FOR SPECIAL EDUCATION.
  S 23. Section 4213 of the education law, as added by  chapter  496  of
the laws of 1986, is amended to read as follows:
  S 4213. Other  persons  eligible  for  [appointment]  ENROLLMENT.   In
accordance with the provisions of the charter of the New York  Institute
for Special Education, and amendments thereto, as issued by the board of
regents,  children  with  [handicapping  conditions] DISABILITIES, other
than [handicapping conditions] DISABILITIES which would establish eligi-
bility for [appointment] ENROLLMENT to the schools  enumerated  in  this
article,  shall be eligible for [appointment] ENROLLMENT to the New York
Institute for Special Education as [state]  pupils.  The  provisions  of
this article shall apply but not necessarily be limited to the [appoint-
ment]  ENROLLMENT,  education,  maintenance  and support of such pupils.
Such pupils eligible for  [appointment]  ENROLLMENT,  pursuant  to  this
section,  shall  be  persons over five and under twenty-one years of age
who have not received a high school diploma.

S. 5557--A                         13

  S 24. Paragraph d of subdivision 2 of section 4401  of  the  education
law, as amended by chapter 53 of the laws of 1990, is amended to read as
follows:
  d.  Appointment  by  the  commissioner to a state school in accordance
with article eighty-seven or eighty-eight of this chapter or  ENROLLMENT
IN  a  state-supported  school in accordance with article eighty-five of
this chapter.
  S 25. Subparagraph 2 of paragraph b of subdivision 1 of  section  4402
of  the education law, as amended by chapter 352 of the laws of 2005, is
amended to read as follows:
  (2) Such committees [or subcommittees] shall review at least annually,
the status of each student with a disability and each student thought to
be disabled who is identified pursuant to paragraph a of  this  subdivi-
sion.  Such  review shall consider the educational progress and achieve-
ment of the student with a  disability  and  the  student's  ability  to
participate in instructional programs in regular education.
  S  26.  Subparagraph 2 of paragraph b of subdivision 1 of section 4402
of the education law, as amended by chapter 82 of the laws of  1995,  is
amended to read as follows:
  (2)  Such  committees  [or  subcommittees]  shall identify, review and
evaluate at least annually, the status of each child with  a  [handicap-
ping  condition]  DISABILITY  and each child thought to [be handicapped]
HAVE A DISABILITY who resides within the school  district.  Such  review
shall  consider  the  educational  progress and achievement of the child
with a [handicapping condition] DISABILITY and the  child's  ability  to
participate in instructional programs in regular education.
  S  27.  Subparagraph 2 of paragraph b of subdivision 2 of section 4402
of the education law, as amended by chapter 391 of the laws of 1989,  is
amended to read as follows:
  (2) The board shall select the most reasonable and appropriate special
service  or  program  for such children from those programs specified in
paragraphs a, b, c, D WITH RESPECT TO STATE SUPPORTED SCHOOLS, e, f,  g,
h, i, k, l and m of subdivision two of section forty-four hundred one of
this  article  upon  receipt  of  the recommendation of the committee on
special education. All contracts with schools pursuant to the provisions
of paragraphs d, e, f, g, h, l and  m  of  subdivision  two  of  section
forty-four  hundred one of this article shall be subject to the approval
of the commissioner. All contracts under paragraph c of subdivision  two
of  section  forty-four  hundred  one  OF  THIS ARTICLE shall be made in
accordance with the provisions of subdivision four of  section  nineteen
hundred fifty of this chapter. No child shall be placed in a residential
school  nor  shall a board recommend placement in a residential facility
specified in paragraph  j  of  subdivision  two  of  section  forty-four
hundred  one  OF THIS ARTICLE unless there is no appropriate nonresiden-
tial school available consistent with the needs of the child.  The board
shall provide written notice of its determination to the parent or legal
guardian of such child. If the determination of the board  of  education
is  not  consistent with the recommendations of the committee on special
education, such notice shall include the statement of  the  reasons  for
such  determination  which  shall identify the factors considered by the
committee on special education in its evaluation.
  S 28. The opening paragraph of subparagraph 3 and subparagraph 3-a  of
paragraph  b  of subdivision 1 of section 4402 of the education law, the
opening paragraph of subparagraph 3 as amended by chapter 53 of the laws
of 1991 and subparagraph 3-a as added by chapter  630  of  the  laws  of
2008, are amended to read as follows:

S. 5557--A                         14

  The committee [or when applicable the subcommittee] shall:
  (3-a)  The  members  of  the committee [or subcommittee] may compile a
list of appropriate  and/or  helpful  services  that  may  be  available
outside  of  the  school  setting  to  provide  the parents or person in
parental relation of a child with a disability  with  such  information.
Such  list  shall  clearly  state that these services are in addition to
services supplied by the school district and will not be paid for by the
school district.  Any member of a committee [or subcommittee] or his  or
her respective school district who, acting reasonably and in good faith,
provides such information shall not be liable for such action.
  S  29. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
  S 30. Subdivisions 8 and 9 of section 4403 of the  education  law,  as
amended  by  chapter  273  of  the  laws of 1986, are amended to read as
follows:
  8. To develop and distribute a handbook for parents  of  [handicapped]
children WITH DISABILITIES and the members of committees [and subcommit-
tees]  on  special  education,  which  handbook shall explain, in layman
terms, the financial and educational obligations of the state, the coun-
ty or city, the home school district, the committee  on  special  educa-
tion,  and  the parent or legal guardian of a [handicapped] child WITH A
DISABILITY, the special services or programs available pursuant to  this
article,  and  the  legal procedures available to an aggrieved parent or
legal guardian of a [handicapped] child WITH A DISABILITY.
  9. To make provision by regulation of the commissioner to  assure  the
confidentiality  of  any  personally identifiable data, information, and
records collected or maintained by the state department of education  or
any  school district, including a committee [or subcommittee] on special
education, and the officers, employees or members thereof,  pursuant  to
or  in  furtherance of the purposes of this article, and shall establish
procedures upon which any such personally  identifiable  data,  informa-
tion, or records may be disclosed.
  S  31. Subdivision 16 of section 4403 of the education law, as amended
by section 4 of part E of chapter 501 of the laws of 2012, is amended to
read as follows:
  16. Commencing with the  nineteen  hundred  eighty-seven--eighty-eight
school  year,  to  provide for instruction during the months of July and
August of students with [handicapping conditions] DISABILITIES who  have
received  state  appointments pursuant to article [eighty-five,] eighty-
seven or eighty-eight of this chapter, and  whose  [handicapping  condi-
tions,  in  the  judgment  of the commissioner,] DISABILITIES are severe
enough to exhibit the need for  a  structured  learning  environment  of
twelve  months duration to maintain developmental levels, by making such
appointments for twelve  months;  provided  that  the  initial  term  of
appointment  of a student with a [handicapping condition] DISABILITY who
is the minimum age eligible for  such  a  state  appointment  shall  not
commence during the months of July or August.
  S  32.  The opening paragraph and clauses (a), (b) and (c) of subpara-
graph 1 of paragraph b of subdivision 1 of section 4402 of the education
law, the opening paragraph and clauses (a) and (c) as amended by chapter
311 of the laws of 1999, subclause (viii) of clause (a)  as  amended  by
chapter  194  of the laws of 2004, clause (b) as amended by section 1 of
chapter 276 of the laws of 2012 and the closing paragraph of clause  (b)
as  amended  by  chapter 378 of the laws of 2007, are amended to read as
follows:

S. 5557--A                         15

  The board of education or  trustees  of  each  school  district  shall
establish  committees  [and/or  subcommittees]  on  special education as
necessary to ensure timely evaluation and placement of pupils. The board
of education of the city school district of the city of New York,  shall
establish  at  least  one  committee on special education in each of its
community school districts, provided that appointments to the  community
school district committees shall be made upon the approval of the commu-
nity  school board except that the board of education of the city school
district of the city of New York, may establish one committee  to  serve
more  than  one  community  school district, in which case, appointments
thereto shall be made upon the joint approval of the affected  community
school  boards; provided, however, that prior to such consolidation, the
board shall consider the relative caseload of the committee  on  special
education  in each affected community school district, including but not
limited to the following factors: the number of  students  evaluated  by
such  committee;  the  number  of referrals to special education in such
community school district; the ability to comply with mandated paperwork
and timelines; and other issues which the board deems pertinent.
  (a) Such committees shall  be  composed  of  at  least  the  following
members:    (i)  the  parents or persons in parental relationship to the
student; (ii) one regular education teacher of the student whenever  the
student is or may be participating in the regular education environment;
(iii)  one special education teacher of the student, or, if appropriate,
a special education provider of the student; (iv) a school  psychologist
WHERE  THE  PURPOSE  OF  THE  METING IS TO DETERMINE A STUDENT'S INITIAL
ELIGIBILITY FOR SPECIAL EDUCATION; (v) a representative of  such  school
district  who is qualified to provide or administer or supervise special
education and is knowledgeable about  the  general  curriculum  and  the
availability of resources of the school district; (vi) an individual who
can  interpret  the  instructional  implications  of evaluation results;
(vii) [a school physician; (viii)] an additional parent, residing in the
school district or a neighboring school district, of a  student  with  a
disability,  of  a  student  who  has been declassified and is no longer
eligible for an individualized education program (IEP), or a parent of a
disabled child who has graduated, for a period of five years beyond  the
student's declassification or graduation, provided such parent shall not
be  employed by or under contract with the school district, and provided
further that such additional parent shall not be a required member  [if]
UNLESS  the parents, THE STUDENT OR A MEMBER OF THE COMMITTEE ON SPECIAL
EDUCATION request that such additional parent member  [not]  participate
IN  ACCORDANCE  WITH CLAUSE (B) OF THIS SUBPARAGRAPH; [(ix)] (VIII) such
other persons  having  knowledge  or  special  expertise  regarding  the
student  as  the  school  district or the parents or persons in parental
relationship to the student shall  designate,  to  the  extent  required
under federal law; and [(x)] (IX) if appropriate, the student.
  (b)  In  determining  the  composition  of  such committee pursuant to
clause (a) of this subparagraph, a school district may determine that  a
member  appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
[(ix)] (VIII) of clause (a)  of  this  subparagraph  also  fulfills  the
requirement  of  subclause  (vi) of clause (a) of this subparagraph of a
member who is an individual who can interpret the  instructional  impli-
cations  of  evaluation results where such individuals are determined by
the school district to have the knowledge and expertise to do so  and/or
that  a  member  appointed pursuant to subclause (iii) or (iv) of clause
(a) of this subparagraph also fulfills the requirement of subclause  (v)
of  clause  (a) of this subparagraph of a member who is a representative

S. 5557--A                         16

of the school district. The regular education  teacher  of  the  student
shall  participate  in the development, review and revision of the indi-
vidualized education program for the student,  to  the  extent  required
under  federal  law.  [The school physician need not be in attendance at
any meeting of the committee on special  education  unless  specifically
requested  in  writing, at least seventy-two hours prior to such meeting
by the parents or other person in parental relation to  the  student  in
question,  the  student,  or a member of the committee on special educa-
tion. The parents or persons in parental  relation  of  the  student  in
question  shall receive proper written notice of their right to have the
school physician attend the meetings of the committee on special  educa-
tion upon referral of said student to the committee on special education
or whenever such committee plans to modify or change the identification,
evaluation  or  educational  placement  of  the student.] The additional
parent need not be in attendance at any  meeting  of  the  committee  on
special  education  unless  specifically  requested in writing, at least
seventy-two hours prior to such meeting by the parents or  other  person
in  parental  relation  to  the  student  in question, the student, or a
member of the committee on special education. The parents or persons  in
parental  relation of the student in question shall receive proper writ-
ten notice of their right to have an additional parent attend any  meet-
ing  of  the  committee  regarding  the  student along with a statement,
prepared by the department, explaining the role of having the additional
parent attend the meeting. The committee shall  invite  the  appropriate
professionals  most familiar with a student's disability or disabilities
to attend any  meeting  concerning  the  educational  program  for  such
student.  Except as otherwise provided in this clause or clause (b-1) or
(b-2) of this subparagraph, all members of such committee  shall  attend
meetings of the committee on special education.
  Members  of  such  committee shall serve at the pleasure of such board
and members who are neither employees of nor under  contract  with  such
district shall serve without compensation except that such members shall
be  entitled  to a per diem to defray expenses incurred in such service,
provided, however, that any expense incurred shall be deemed an  aidable
operating expense for purposes of state aid.
  (c) Districts not having available personnel may share the services of
a  local  committee on special education with another school district or
contract with a board  of  cooperative  educational  services  for  such
personnel  pursuant  to  regulations  of  the  commissioner. [A district
having a subcommittee on special education may share the services  of  a
local  committee  on  special  education  with  another school district,
provided that a representative of such school district who is  qualified
to  provide  or  administer  or supervise special education and is know-
ledgeable about the general curriculum and the availability of resources
of the school district shall be a  member  of  such  committee  when  it
convenes on behalf of a student who is a resident of such district.]
  S  33. Clause (b) of subparagraph 1 of paragraph b of subdivision 1 of
section 4402 of the education law, as amended by section  2  of  chapter
276 of the laws of 2012, is amended to read as follows:
  (b)  In  determining  the  composition  of  such committee pursuant to
clause (a) of this subparagraph, a school district may determine that  a
member  appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
[(ix)] (VIII) of clause (a)  of  this  subparagraph  also  fulfills  the
requirement  of  subclause  (vi) of clause (a) of this subparagraph of a
member who is an individual who can interpret the  instructional  impli-
cations  of  evaluation results where such individuals are determined by

S. 5557--A                         17

the school district to have the knowledge and expertise to do so  and/or
that  a  member  appointed pursuant to subclause (iii) or (iv) of clause
(a) of this subparagraph also fulfills the requirement of subclause  (v)
of  clause  (a) of this subparagraph of a member who is a representative
of the school district. The regular education  teacher  of  the  student
shall  participate  in the development, review and revision of the indi-
vidualized education program for the student,  to  the  extent  required
under  federal  law.  [The school physician need not be in attendance at
any meeting of the committee on special  education  unless  specifically
requested  in  writing, at least seventy-two hours prior to such meeting
by the parents or other person in parental relationship to  the  student
in question, the student, or a member of the committee on special educa-
tion.  The parents or persons in parental relationship of the student in
question shall receive proper written notice of their right to have  the
school  physician attend the meetings of the committee on special educa-
tion upon referral of said student to the committee on special education
or whenever such committee plans to modify or change the identification,
evaluation or educational placement of  the  student.    The  additional
parent  need  not  be  in  attendance at any meeting of the committee on
special education unless specifically requested  in  writing,  at  least
seventy-two  hours  prior to such meeting by the parents or other person
in parental relation to the student  in  question,  the  student,  or  a
member  of the committee on special education. The parents or persons in
parental relation of the student in question shall receive proper  writ-
ten  notice of their right to have an additional parent attend any meet-
ing of the committee regarding  the  student  along  with  a  statement,
prepared by the department, explaining the role of having the additional
parent  attend  the meeting.] The committee shall invite the appropriate
professionals most familiar with a student's disability or  disabilities
to  attend  any  meeting  concerning  the  educational  program for such
student. Members of such committee shall serve at the pleasure  of  such
board  and  members who are neither employees of nor under contract with
such district shall serve without compensation except that such  members
shall  be  entitled  to  a  per diem to defray expenses incurred in such
service, provided, however, that any expense incurred shall be deemed an
aidable operating expense for purposes of state aid.
  S 34. Clause (d) of subparagraph 1 of paragraph b of subdivision 1  of
section 4402 of the education law is REPEALED.
  S  35.  Clause (d-2) of subparagraph 3 of paragraph b of subdivision 1
of section 4402 of the education law is REPEALED.
  S 36. 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-

S. 5557--A                         18

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
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.] NOT LATER THAN THE  ANNUAL  REVIEW  PRIOR  TO  THE  EIGHTEENTH
BIRTHDAY  OF  A STUDENT WITH A DISABILITY WHO IS PLACED IN A RESIDENTIAL
PROGRAM BY THE COMMITTEE OR MULTIDISCIPLINARY TEAM, OR A STUDENT WITH  A
DISABILITY WHO IS PLACED IN A DAY PROGRAM BUT THE COMMITTEE OR MULTIDIS-
CIPLINARY  TEAM  HAS  DETERMINED  THAT  THE STUDENT IT LIKELY TO REQUIRE
ADULT RESIDENTIAL SERVICES, WITH THE CONSENT OF THE PARENTS, NOTIFY  AND
INVITE  A  REPRESENTATIVE  OF  THE  OFFICE  OF MENTAL HEALTH, OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, OR THE STATE  EDUCATION  DEPART-
MENT,  AS APPROPRIATE, TO PARTICIPATE IN THE COMMITTEE ON SPECIAL EDUCA-
TION 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 MULTIDISCI-
PLINARY TEAM SHALL GIVE THE PARENT OR GUARDIAN OF THE CHILD, THE  OPPOR-
TUNITY  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] STUDENT'S 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] STUDENT'S progress includ-
ing   the  [child's]  STUDENT'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 para-
graph; and (v) results of other suitable  evaluations  and  examinations
possessed  by  the  committee or multidisciplinary team. Nothing in this

S. 5557--A                         19

subparagraph shall be construed to require any committee or  multidisci-
plinary  team  to  perform  any  examination or evaluation not otherwise
required by law.
  (b)  Upon  consent  obtained pursuant to [clause (c) of] this subpara-
graph,  the  committee  or  multidisciplinary  team  shall  forward  the
[child's]  STUDENT'S  name and other relevant information in a report to
the [commissioner of mental health, commissioner of  mental  retardation
and  developmental  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 hygiene law, section  three  hundred  ninety-eight-c  of  the
social  services  law  or  subdivision ten of section forty-four hundred
three of this article. The] APPROPRIATE PUBLIC AGENCY AS  DETERMINED  BY
THE  committee  or multidisciplinary team [shall determine which commis-
sioner shall receive the report by considering], BASED UPON the [child's
handicapping  condition]  STUDENT'S  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,
commissioner of social services, or commissioner of education, or  their
designees,] APPROPRIATE PUBLIC AGENCY upon the request for such informa-
tion  by such [commissioner or designee] AGENCY, WITH THE CONSENT OF THE
PARENTS, OR THE STUDENT, IF SUCH STUDENT IS EIGHTEEN YEARS 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

S. 5557--A                         20

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.
  (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  37.  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 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  38.  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

S. 5557--A                         21

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,
PROVIDED THAT THE STUDENT SHALL BE DEEMED PLACED FOR SUCH PURPOSE ON THE
FIRST DAY THE STUDENT IS ENROLLED IN AND IS LIABLE FOR  TUITION  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 regulation 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 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  appointing the impartial hearing officer shall provide
the parent or person in parental relation with a  procedural  safeguards
notice  as  required  pursuant  to  subsection  (d)  of section fourteen
hundred fifteen of title twenty of the United States code and the imple-
menting 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 withholding 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 hear-
ing  to  override the refusal of a parent or person in parental relation
to consent where a local educational agency is prohibited by federal law
from initiating such a hearing.
  S 39. Paragraph b of subdivision 4 of section 4410  of  the  education
law,  as added by chapter 243 of the laws of 1989, is amended to read as
follows:
  b. Each board shall, within time limits established by the commission-
er, be responsible  for  providing  the  parent  of  a  preschool  child
suspected of having a [handicapping condition] DISABILITY with a list of
approved  evaluators  in the geographic area. The [parent may select the
evaluator from such list] SCHOOL DISTRICT  SHALL,  AFTER  PROVIDING  THE
PARENT WITH A LIST OF APPROVED PRESCHOOL EVALUATORS AND OBTAINING PARENT
CONSENT  TO  EVALUATE, ARRANGE FOR AN EVALUATION BY THE SERVICE PROVIDER
SELECTED BY THE DISTRICT WHO CAN PROVIDE THE EVALUATION OF  THE  STUDENT
WITHIN  THE TIMELINE REQUIRED BY THE DEPARTMENT. IN SELECTING THE EVALU-

S. 5557--A                         22

ATOR, THE DISTRICT SHALL CONSIDER THE PARENT'S EXPRESSED PREFERENCE,  IF
ANY,  FOR  THE EVALUATOR.  Each board shall provide for dissemination of
the list and other information to parents at appropriate sites including
but  not  limited to pre-kindergarten, day care, head start programs and
early childhood  direction  centers,  pursuant  to  regulations  of  the
commissioner.
  S 40. Paragraphs (a) and (c) of subdivision 9-a of section 4410 of the
education  law,  paragraph  (a) as amended by chapter 581 of the laws of
2011 and paragraph (c) as added by chapter 82 of the laws of  1995,  are
amended to read as follows:
  (a)  A  [school  district or a] group of appropriately licensed and/or
certified professionals associated with a public or private  agency  may
apply  to  the  commissioner  for  approval  as  an  evaluator on a form
prescribed by the commissioner. The commissioner  shall  approve  evalu-
ators  pursuant to this subdivision consistent with the approval process
for the multi-disciplinary evaluation  component  of  programs  approved
pursuant to subdivision nine of this section consistent with regulations
adopted  pursuant  to  such subdivision. ALL SCHOOL DISTRICTS ARE DEEMED
APPROVED EVALUATORS OF PRESCHOOL STUDENTS SUSPECTED OF HAVING A DISABIL-
ITY WITHOUT THE NEED TO SUBMIT AN APPLICATION TO THE COMMISSIONER.
  Such application shall include, but not be limited to,  a  description
of  the  multi-disciplinary  evaluation services proposed to be provided
and a demonstration that all agency employees and staff who provide such
evaluation services shall  have  appropriate  licensure  and/or  certif-
ication  and  that  the  individual  who  shall  have direct supervision
responsibilities over such staff shall  have  an  appropriate  level  of
experience  in  providing evaluation or services to preschool or kinder-
garten-aged children with disabilities. To be eligible for  approval  as
an  evaluator  under this subdivision on and after July first, two thou-
sand eleven, a group of  appropriately  licensed  or  certified  profes-
sionals  shall  be formed as a limited liability company or professional
services corporation established pursuant  to  article  fifteen  of  the
business  corporation  law,  article  twelve  or thirteen of the limited
liability company law or article eight-B of  the  partnership  law.  The
approval  of  any groups of licensed or certified professionals that are
in existence on July first, two thousand eleven and would not be  eligi-
ble  for approval thereafter shall terminate on July first, two thousand
thirteen.
  (c) The commissioner  shall  establish  a  billing  and  reimbursement
system for services provided by SCHOOL DISTRICTS AND evaluators approved
pursuant  to  the provisions of this subdivision consistent with billing
and  reimbursement  for  evaluation  services  provided  by   evaluators
approved pursuant to the provisions of subdivision nine of this section.
  S  41. Paragraph c of subdivision 1 of section 4410-b of the education
law, as added by chapter 6 of the laws of 2000, is amended  to  read  as
follows:
  c.  "IEP team" means a committee on special education, [a subcommittee
on special education,] OR a committee on preschool special education [or
a subcommittee on preschool special education].
  S 42. This act shall take effect July 1, 2014, provided that  if  this
act shall become a law after such date, it shall take effect immediately
and  shall  be deemed to have been in full force and effect on and after
July 1, 2014 and provided further, nothing in section nine of  this  act
shall be construed to require the retrofitting of school buses purchased
prior to the effective date of this act, and provided further that:

S. 5557--A                         23

  (a)  the  amendments  to  subdivision  2 of section 103 of the general
municipal law made by section six of this act shall be  subject  to  the
expiration  and  reversion of such subdivision pursuant to section 41 of
part X of chapter 62 of the laws of 2003, as  amended,  when  upon  such
date the provisions of section seven of this act shall take effect;
  (b) the amendments to subparagraph 2 of paragraph (b) of subdivision 4
of  section  2590-b  of the education law made by section twelve of this
act shall not affect the repeal of such subdivision or the expiration of
such section and shall be deemed to repeal or expire therewith;
  (c) the amendments to paragraph (a) of subdivision 4 of  section  2853
of  the  education  law  made  by  section thirteen of this act shall be
subject to the expiration and reversion of such  paragraph  pursuant  to
chapter  378  of  the  laws of 2007, as amended, when upon such date the
provisions of section fourteen of this act shall take effect;
  (d) the amendments to subdivision 2 of section 3602-c of the education
law made by section fifteen of this act shall not affect the  expiration
of such subdivision and shall be deemed to expire therewith;
  (e) the amendments to subdivision 7 of section 3602-c of the education
law  made by section sixteen of this act shall not affect the expiration
or repeal of such provisions and shall be deemed  to  expire  or  repeal
therewith;
  (f)  the  amendments to subparagraph 2 of paragraph b of subdivision 1
of section 4402 of the education law made by section twenty-five of this
act shall be subject to the expiration and reversion  of  such  subpara-
graph pursuant to chapter 352 of the laws of 2005, as amended, when upon
such  date  the  provisions of section twenty-six of this act shall take
effect;
  (g) the amendments to clause (b) of subparagraph 1 of paragraph  b  of
subdivision 1 of section 4402 of the education law made by section thir-
ty-two  of  this act shall be subject to the expiration and reversion of
such clause pursuant to chapter 378 of the laws  of  2007,  as  amended,
when  upon  such date the provisions of section thirty-three of this act
shall take effect;
  (h) the amendments to paragraph a of subdivision 1 of section 4404  of
the  education  law  made  by section thirty-eight of this act shall not
affect the expiration of such subdivision and shall be deemed to  expire
therewith; and
  (i)  the  amendments  to  paragraphs (a) and (c) of subdivision 9-a of
section 4410 of the education law made by  section  forty  of  this  act
shall  not  affect  the  repeal  of such subdivision and shall be deemed
repealed therewith.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.