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

                                  7292

                            I N  S E N A T E

                               May 9, 2014
                               ___________

Introduced  by  Sen.  GRIFFO -- 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  requiring  private
  schools  to  provide  to the commissioner of education copies of their
  current certificate of occupancy and most recent  fire  safety  report
  prior  to  receipt  of apportionment funds or a Basis Educational Data
  System code

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

  Section 1.  The education law is amended by adding a new section 409-l
to read as follows:
  S 409-L. NON-PUBLIC SCHOOL BUILDING REQUIREMENTS IN RELATION TO HEALTH
AND  SAFETY. 1. PRIOR TO THE ISSUANCE OF A BASIS EDUCATIONAL DATA SYSTEM
(BEDS) CODE TO A NON-PUBLIC  SCHOOL,  THE  NON-PUBLIC  SCHOOL  SHALL  BE
REQUIRED  TO SUBMIT TO THE COMMISSIONER, AT MINIMUM, VALID COPIES OF THE
FOLLOWING:
  (A) A CERTIFICATE OF INCORPORATION OR A CHARTER ISSUED BY THE BOARD OF
REGENTS;
  (B) A CURRENT CERTIFICATE OF OCCUPANCY AND USE ISSUED BY  THE  MUNICI-
PALITY WHERE THE SCHOOL BUILDINGS ARE LOCATED;
  (C) A RECENT FIRE INSPECTION COMPLETED BY AN ELIGIBLE AUTHORITY PURSU-
ANT TO SUBDIVISION THREE OF SECTION EIGHT HUNDRED SEVEN-A OF THIS TITLE;
  (D) A STATEMENT OF THE MAXIMUM CAPACITY OF THE BUILDING BEING USED FOR
EDUCATIONAL PURPOSES AS SET BY THE LOCAL GOVERNMENT; AND
  (E)  A  LIST  OF  ADDITIONAL  OCCUPANTS  AT THE SAME ADDRESS THAT IS A
REGISTERED NON-PUBLIC SCHOOL.
  2. NOTHING IN THIS SECTION SHALL LIMIT THE COMMISSIONER'S AUTHORITY TO
REQUIRE ADDITIONAL  DOCUMENTATION  FROM  NON-PUBLIC  SCHOOLS  AS  DEEMED
NECESSARY.
  3.  ON  OR  BEFORE  DECEMBER  THIRTY-FIRST, TWO THOUSAND FOURTEEN, ALL
NON-PUBLIC SCHOOLS THAT CURRENTLY HAVE A BASIS EDUCATIONAL  DATA  SYSTEM
(BEDS)  CODE  REGARDLESS  OF  WHEN IT WAS FIRST ISSUED SHALL PROVIDE THE
VALID COPIES OF THE ITEMS PURSUANT TO SUBDIVISION ONE OF THIS SECTION TO
THE DEPARTMENT. A FAILURE TO PROVIDE THESE DOCUMENTS BY  DECEMBER  THIR-

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

                                                           LBD13249-05-4

S. 7292                             2

TY-FIRST,  TWO  THOUSAND  FOURTEEN  WILL RESULT IN REIMBURSEMENTS TO THE
NON-PUBLIC SCHOOL BEING WITHHELD AND IF NOT RECEIVED WITHIN NINETY DAYS,
AT THE DISCRETION OF THE COMMISSIONER, CAN RESULT IN A REVOCATION OF THE
SCHOOL'S  BASIS  EDUCATIONAL  DATA SYSTEM (BEDS) CODE, PROVIDED THAT THE
NON-PUBLIC SCHOOL IS AFFORDED THE RIGHT TO BE HEARD BY THE COMMISSIONER.
  S 2. This act shall take effect immediately.