S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1542--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 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-m
 to read as follows:
   § 409-M. 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.
                                                            LBD04302-05-8
              

 A. 1542--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 NINETEEN, 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  NINETEEN  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.
   § 2. This act shall take effect immediately.