S T A T E   O F   N E W   Y O R K
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                                 1727--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI,  JAFFEE,  MONTESANO, McDONOUGH --
  Multi-Sponsored by -- M. of A. MOSLEY, PERRY, RIVERA,  STECK  --  read
  once  and referred to the Committee on Education -- 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  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02970-03-6

              

A. 1727--A                          2

  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 SIXTEEN, 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-
TY-FIRST,  TWO  THOUSAND  SIXTEEN  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.