S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6513
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 8, 2017
                                ___________
 
 Introduced by M. of A. NOLAN, BRINDISI, SEAWRIGHT, THIELE -- (at request
   of  the  State  Education Department) -- read once and referred to the
   Committee on Education
 
 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
   education  law  relating  to  reports  on  certain children of Vietnam
   veterans; to repeal clause (d) of subparagraph 1  of  paragraph  b  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09871-01-7

 A. 6513                             2
 
   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:
   § 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.
   §  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 OR  HER  opinion,  the
 best  interests  of  the  district  will  be promoted thereby. Except as
 provided in paragraph e of this subdivision, all such contracts  involv-
 ing 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,
 with  power  hereby vested in the commissioner to reject any or all bids
 if, in his OR HER opinion, the best interests of the  district  will  be

 A. 6513                             3
 
 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 transporta-
 tion,  maintenance, mobile instructional units, or cafeteria and restau-
 rant 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  circulation  within  the  district  for  such purpose OR IN THE
 STATE'S PROCUREMENT 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  OR
 HER 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 OR SHE 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  peri-
 od;  and (ii) to reject any extension of a contract after ten years from
 the date transportation or maintenance service commenced thereunder,  or
 mobile  instructional  units were first provided, if in his OR HER opin-
 ion, 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, N.J. area, based upon the index for all urban consum-
 ers (CPI-U), during the preceding twelve month period, provided  it  has

 A. 6513                             4
 
 been satisfactorily established by the contractor that there has been at
 least  an equivalent increase in the amount of his OR HER cost of opera-
 tion, during the period of the contract.
   §  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 OR HER existing statutory authority to approve or
 disapprove transportation contracts, may reject any award of a transpor-
 tation 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 OR SHE 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.
   §  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.
   § 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
 providing grants, awards, loans or assistance programs, unless,  to  the
 extent  practicable,  it is consistent with the relevant criteria speci-

 A. 6513                             5
 
 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.
   §  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.
   § 7. Subdivision 15 of section 353 of the executive law is REPEALED.
   § 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
 educational services to enter national credit card contracts as a  cost-
 saving  measure, with appropriate safeguards. The commissioner of educa-

 A. 6513                             6
 
 tion shall submit a report to the board of regents, the governor and the
 legislature by no later than January 15, 2018, 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.
   § 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;
   § 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.
   §  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.
   §  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-
 tion provided during the regular school year for pupils  enrolled  in  a
 nonpublic  school located in a school district, INCLUDING SPECIAL EDUCA-

 A. 6513                             7
 
 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
 attending   public  or  nonpublic  schools  located  within  the  school
 district, EXCEPT THAT THERE SHALL BE NO ENTITLEMENT UNDER  THIS  SECTION

 A. 6513                             8
 
 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.
   §  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.
   § 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-
 tion of the schools, the improvement of the pupils, and their  treatment
 in respect to board and lodging.

 A. 6513                             9

   § 15. Section 4203 of the education law is amended to read as follows:
   §  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.
   §  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.
   §  17.  Section 4206 of the education law, as amended by chapter 53 of
 the laws of 1990, is amended to read as follows:
   § 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
 Lavelle School for the Blind in the city of New York, to which he or she

 A. 6513                            10
 
 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.
   § 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]  COMMITTEE
 ON  SPECIAL EDUCATION OR PRESCHOOL COMMITTEE ON SPECIAL EDUCATION OF THE
 SCHOOL DISTRICT RESPONSIBLE FOR THE EDUCATION OF  THE  STUDENT  AND  THE
 TRUSTEES OF THE NEW YORK INSTITUTE FOR SPECIAL EDUCATION.
   §  19.  Section  4213 of the education law, as added by chapter 496 of
 the laws of 1986, is amended to read as follows:
   § 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.
   §  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
 IN a state-supported school in accordance with  article  eighty-five  of
 this chapter.

 A. 6513                            11
 
   §  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.
   § 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.
   § 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.
   §  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.
 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

 A. 6513                            12
 
 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.
   §  25. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of
 section 4402 of the education law is REPEALED.
   § 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 A
 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.
   §  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.
   §  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
 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

 A. 6513                            13
 
 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
 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-

 A. 6513                            14

 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.]
   §  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-
 vidualized education program for the student,  to  the  extent  required
 under  federal  law.  [The school physician need not be in attendance at

 A. 6513                            15

 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.
   § 30. Clause (d) of subparagraph 1 of paragraph b of subdivision 1  of
 section 4402 of the education law is REPEALED.
   §  31.  Clause (d-2) of subparagraph 3 of paragraph b of subdivision 1
 of section 4402 of the education law is REPEALED.
   § 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
 intensive  management  needs or a severe handicap; and, as determined by
 the committee on special education or multidisciplinary team pursuant to

 A. 6513                            16

 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
 the [commissioner of mental health, commissioner of  mental  retardation
 and  developmental  disabilities,  commissioner  of  social services, or

 A. 6513                            17

 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-
 tion. The state education department shall forward a copy of such annual
 report to the council on children and families. All information received

 A. 6513                            18

 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.
   § 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.
   § 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
 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

 A. 6513                            19
 
 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.
   §  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.
   § 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

 A. 6513                            20
 
 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.
   §  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].
   § 38. This act shall take effect July 1, 2017, 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, 2017 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
 of  the  laws of 2007, as amended, when upon such date the provisions of
 section eleven of this act shall take effect;

 A. 6513                            21
 
   (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.