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

                                 5060--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2015
                               ___________

Introduced  by M. of A. NOLAN, CUSICK -- (at request of the State Educa-
  tion Department) -- read once and referred to the Committee on  Educa-
  tion  --  recommitted to the Committee on Education in accordance with
  Assembly Rule 3, sec. 2 -- 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;  in  relation  to mandate relief for school districts and certain
  other educational entities; in  relation  to  removing  references  to
  subcommittees  on  special  education; 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;
  in relation to eliminating the requirement that  the  commissioner  of
  education make appointments to state-supported schools; in relation to
  the   committee  on  special  education  membership  requirements;  in
  relation to transportation of students  with  disabilities  parentally
  placed  in  a  private  school;  in  relation to establishing that all
  school  districts  are  approved  evaluators  of  preschool   students
  suspected  of having a disability; in relation to the statute of limi-
  tations for special education due process hearings; in relation to the
  selection of a preschool evaluator; in relation to referrals to  state
  adult service agencies for certain students with disabilities who have
  reached  the  age  of  18;  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 state smart growth
  public infrastructure criteria; to amend the vehicle and traffic  law,
  in relation to school omnibus signs complying with federal motor vehi-
  cle  safety  standards;  to authorize the commissioner of education to
  conduct a study of the feasibility  and  desirability  of  authorizing
  school  districts  and  boards  of cooperative educational services to
  enter national credit card contracts;  to  repeal  subdivision  15  of
  section  353  of the executive law relating to the duties of the state
  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

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

                                                           LBD08752-02-6

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  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.  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,

A. 5060--A                          3

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
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,

A. 5060--A                          4

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 3. 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 4. 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 5. 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

A. 5060--A                          5

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  6.  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-
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 7. Subdivision 15 of section 353 of the executive law is REPEALED.
  S 8. 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

A. 5060--A                          6

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, 2017, 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 9. 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 10. 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  11. 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  12. 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-

A. 5060--A                          7

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
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

A. 5060--A                          8

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  13.  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 14. 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-

A. 5060--A                          9

tion of the schools, the improvement of the pupils, and their  treatment
in respect to board and lodging.
  S 15. 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  16.  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  17.  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

A. 5060--A                         10

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 TITLE.
  S 18. 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 19. 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 20. 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

A. 5060--A                         11

IN  a  state-supported  school in accordance with article eighty-five of
this chapter.
  S  21.  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 22. 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 23. 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, PARAGRAPH D WITH RESPECT TO STATE SUPPORTED SCHOOLS
AND PARAGRAPHS 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 recommenda-
tion 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 appro-
priate  nonresidential 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  24. 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.

A. 5060--A                         12

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  25. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
  S 26. 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
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  27. 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  28.  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

A. 5060--A                         13

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 MEETING 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
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

A. 5060--A                         14

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  29. 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-

A. 5060--A                         15

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 30. Clause (d) of subparagraph 1 of paragraph b of subdivision 1  of
section 4402 of the education law is REPEALED.
  S  31.  Clause (d-2) of subparagraph 3 of paragraph b of subdivision 1
of section 4402 of the education law is REPEALED.
  S 32. 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

A. 5060--A                         16

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  IS  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
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

A. 5060--A                         17

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
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-

A. 5060--A                         18

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 33. 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 34. 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
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

A. 5060--A                         19

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  35.  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
but  not  limited to pre-kindergarten, day care, head start programs and
early childhood  direction  centers,  pursuant  to  regulations  of  the
commissioner.

A. 5060--A                         20

  S 36. 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  37. 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 38. This act shall take effect July 1, 2016, 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, 2016 and provided further, nothing in section six  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 subparagraph 2 of paragraph (b) of subdivision 4
of  section 2590-b of the education law made by section nine 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;
  (b)  the  amendments to paragraph (a) of subdivision 4 of section 2853
of the education law made by section ten of this act shall be subject to
the expiration and reversion of such paragraph pursuant to  chapter  378

A. 5060--A                         21

of  the  laws of 2007, as amended, when upon such date the provisions of
section eleven of this act shall take effect;
  (c) the amendments to subdivision 2 of section 3602-c of the education
law  made  by section twelve of this act shall not affect the expiration
of such subdivision and shall be deemed to expire therewith;
  (d) the amendments to subparagraph 2 of paragraph b of  subdivision  1
of  section 4402 of the education law made by section twenty-one 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-two of this act shall take
effect;
  (e) the amendments to clause (b) of subparagraph 1 of paragraph  b  of
subdivision 1 of section 4402 of the education law made by section twen-
ty-eight 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 twenty-nine  of  this  act
shall take effect;
  (f)  the amendments to paragraph a of subdivision 1 of section 4404 of
the education law made by section thirty-four  of  this  act  shall  not
affect  the expiration of such subdivision and shall be deemed to expire
therewith; and
  (g) the amendments to paragraphs (a) and (c)  of  subdivision  9-a  of
section 4410 of the education law made by section thirty-six of this act
shall  not  affect  the  repeal  of such subdivision and shall be deemed
repealed therewith.