Senate Bill S6851

                                 BILL NUMBER:  S6851

 TITLE OF BILL :  An act to amend chapter 217 of the laws of 2015,
amending the education law relating to certified school psychologists
and special education services and programs for preschool children
with handicapping conditions, in relation to the effectiveness thereof

 PURPOSE :

This bill would allow approved multidisciplinary evaluation programs
to employ a certified school psychologist to conduct a
multidisciplinary evaluation of a preschool child or an infant or
toddler having or suspected of having a disability. This bill would
expire on June 30, 2018.

 SUMMARY OF PROVISIONS :

Section 1. Amends paragraph (d) of subdivision 6 of 4410 of the
education law to allow multidisciplinary evaluation programs approved
pursuant to section 4410 of the education law to employ a certified
school psychologist on a full time or part time salary basis, which
may include an hourly, weekly or monthly basis or on a fee for
evaluation services basis provided that the school psychologist is
employed by and under the dominion and control of a program that has
been approved pursuant to paragraph b of subdivision nine of this
section or subdivision nine-a of this section to conduct a
              

multidisciplinary evaluation of a preschool child having or suspected
of having a disability.

Section 2. Amends subdivision 1 of section 7605 of the education law
to exempt from licensure until June 30, 2018, certified school
psychologists employed on a full time or part time salary basis which
may include an hourly, weekly or monthly basis or on a fee for
evaluation services basis provided that the certified school
psychologist is employed by and under the dominion and control of a
program that has been approved in accordance with title two-A of
article twenty five of the public health law to deliver early
intervention programs for the purpose of conducting multidisciplinary
evaluations, service where preschool special education program or
early interventions programs services are authorized.

Section 3. Establishes the effective date and repeal date of this law.

 JUSTIFICATION :

Section 4410 of the education law allows approved center based
programs to employ a certified school psychologist in a preschool
setting. Recently, the State Education Department issued a special
education field advisory and learned that multidisciplinary evaluation
programs are also using certified school psychologists to conduct
evaluations of preschool students with disabilities even though they
are not permitted under law to do so. In speaking with the field,
shortages of licensed psychologists have made it difficult for these
multidisciplinary evaluation programs to ensure timely psychological
evaluations of preschool students with disabilities as is required by
law. The federal Individuals with Disabilities Education Act (IDEA)
requires that initial evaluations of preschool children with
disabilities be conducted within 60 days of parental consent for the
evaluation. In addition, state law requires that approved
multidisciplinary evaluation programs, selected by the parent, conduct
such evaluations. It is important that these evaluations continue to
occur in a timely manner. This legislation would temporarily allow
multidisciplinary evaluation programs to continue to employ a
certified school psychologist to conduct these evaluations while this
issue is investigated further. Also, the bill makes clear that nothing
in the legislation should be interpreted to authorize a certified
school psychologist or group of such psychologists to independently
practice or form and an independent group.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

TBD.

 EFFECTIVE DATE :
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, 2018.