S T A T E O F N E W Y O R K
________________________________________________________________________
5325--A
Cal. No. 149
2015-2016 Regular Sessions
I N A S S E M B L Y
February 18, 2015
___________
Introduced by M. of A. GLICK, STIRPE, ORTIZ, JAFFEE -- read once and
referred to the Committee on Higher Education -- reported from commit-
tee, advanced to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the education law, in relation to certified school
psychologists and special education services and programs for
preschool children with handicapping conditions; and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph d of subdivision 6 of section 4410 of the educa-
tion law, as added by chapter 581 of the laws of 2011, is amended to
read as follows:
d. Notwithstanding any other provision of law to the contrary, the
exemption in subdivision one of section seventy-six hundred five of this
chapter shall apply to persons employed ON A FULL-TIME OR PART-TIME
SALARY BASIS, WHICH MAY INCLUDE ON AN HOURLY, WEEKLY, OR MONTHLY BASIS,
by a center-based program approved pursuant to subdivision nine of this
section as a school psychologist to provide activities, services and use
of the title psychologist to students enrolled in such approved center-
based program, AND TO CERTIFIED SCHOOL PSYCHOLOGISTS EMPLOYED ON A
FULL-TIME OR PART-TIME SALARY BASIS, WHICH MAY INCLUDE ON AN HOURLY,
WEEKLY, OR MONTHLY BASIS, BY AN APPROVED PROGRAM, WHICH PROGRAM HAS BEEN
APPROVED PURSUANT TO PARAGRAPH B OF SUBDIVISION NINE OF THIS SECTION, OR
SUBDIVISION NINE-A OF THIS SECTION, TO CONDUCT A MULTI-DISCIPLINARY
EVALUATION OF A PRESCHOOL CHILD HAVING OR SUSPECTED OF HAVING A DISABIL-
ITY, AND TO CERTIFIED SCHOOL PSYCHOLOGISTS EMPLOYED ON A FULL-TIME OR
PART-TIME SALARY BASIS, WHICH MAY INCLUDE ON AN HOURLY, WEEKLY, OR
MONTHLY BASIS, BY AN AGENCY APPROVED IN ACCORDANCE WITH TITLE TWO-A OF
ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW TO DELIVER EARLY INTER-
VENTION PROGRAM MULTIDISCIPLINARY EVALUATIONS, SERVICE COORDINATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07556-05-5
A. 5325--A 2
SERVICES AND EARLY INTERVENTION PROGRAM SERVICES, WHERE AUTHORIZED BY
PARAGRAPH A OF SUBDIVISION SIX OF SECTION SIXTY-FIVE HUNDRED THREE-B OF
THIS CHAPTER, EACH in the course of their employment.
S 2. Subdivision 1 of section 7605 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
1. The activities, services, and use of the title of psychologist, or
any derivation thereof, on the part of a person in the employ of a
federal, state, county or municipal agency, or other political subdivi-
sion, or a chartered elementary or secondary school or degree-granting
educational institution insofar as such activities and services are a
part of the duties of his salaried position OR ON THE PART OF A PERSON
IN THE EMPLOY ON A FULL-TIME OR PART-TIME SALARY BASIS, WHICH MAY
INCLUDE ON AN HOURLY, WEEKLY, OR MONTHLY BASIS, OF A PRESCHOOL SPECIAL
EDUCATION PROGRAM APPROVED PURSUANT TO PARAGRAPH B OF SUBDIVISION NINE
OR SUBDIVISION NINE-A OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER
TO PROVIDE ACTIVITIES, SERVICES AND TO USE THE TITLE "CERTIFIED SCHOOL
PSYCHOLOGIST", SO LONG AS THIS SHALL NOT BE CONSTRUED TO PERMIT THE USE
OF THE TITLE "LICENSED PSYCHOLOGIST", TO STUDENTS ENROLLED IN SUCH
APPROVED PROGRAM OR TO CONDUCT A MULTIDISCIPLINARY EVALUATION OF A
PRESCHOOL CHILD HAVING OR SUSPECTED OF HAVING A DISABILITY, OR TO CERTI-
FIED SCHOOL PSYCHOLOGISTS EMPLOYED ON A FULL-TIME OR PART-TIME SALARY
BASIS, WHICH MAY INCLUDE ON AN HOURLY, WEEKLY OR MONTHLY BASIS, BY AN
AGENCY APPROVED IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF
THE PUBLIC HEALTH LAW TO DELIVER EARLY INTERVENTION PROGRAM MULTIDISCI-
PLINARY EVALUATIONS, SERVICE COORDINATION SERVICES AND EARLY INTER-
VENTION PROGRAM SERVICES, WHERE EACH SUCH PRESCHOOL SPECIAL EDUCATION
PROGRAM OR EARLY INTERVENTION PROVIDER IS AUTHORIZED BY PARAGRAPH A OR B
OF SUBDIVISION SIX OF SECTION SIXTY-FIVE HUNDRED THREE OF THIS TITLE,
EACH IN THE COURSE OF THEIR EMPLOYMENT.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2014, provided,
however that the provisions of this act shall expire and be deemed
repealed June 30, 2016.