S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6515
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 8, 2017
                                ___________
 
 Introduced  by  M.  of  A.  NOLAN  -- (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  providing  aid  for
   blind or deaf students in relation to the purchase and use of supports
   for the education of students who are blind, deaf, deaf-blind, hard of
   hearing, learning disabled or print disabled
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4210 of the education law, as amended by chapter 53
 of the laws of 1989, paragraph (b) of subdivision 1 as amended by  chap-
 ter 53 of the laws of 1990, is amended to read as follows:
   § 4210. Aid  for  LEARNING  DISABLED,  PRINT  DISABLED,  blind or deaf
 students. 1. FOR PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING DEFINITIONS:
   A.  "PRINT DISABLED" SHALL MEAN A PERSON WITH A DISABILITY WHO EXPERI-
 ENCES BARRIERS TO ACCESSING  INSTRUCTIONAL  MATERIAL  IN  NONSPECIALIZED
 FORMATS, INCLUDING AN INDIVIDUAL DESCRIBED IN SECTION 121(D)(2) OF TITLE
 17 OF THE UNITED STATES CODE.
   B.  "LEARNING DISABLED" SHALL MEAN A PERSON WITH A LEARNING DISABILITY
 AS DEFINED IN SECTION 602 OF TITLE I OF THE INDIVIDUALS  WITH  DISABILI-
 TIES EDUCATION ACT.
   2.  a.  Whenever  a  LEARNING  DISABLED, PRINT DISABLED, blind or deaf
 person, who is a citizen of this state and a student in  actual  attend-
 ance at a college, university, technical or professional school, includ-
 ing agriculture and technical institutes and state institutes of applied
 arts  and  sciences,  [located  in  this state] and authorized by law to
 grant OR LICENSED PRIVATE CAREER  SCHOOLS  AS  DEFINED  IN  ARTICLE  ONE
 HUNDRED  ONE  OF  THIS  TITLE, degrees, other than an institution estab-
 lished for the regular instruction of the blind or deaf, shall be desig-
 nated by the trustees thereof as a fit person to receive the aid herein-
 after provided for, there shall be paid by the state for the use of such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10187-01-7

 A. 6515                             2
 
 student a sum not to exceed  [one]  FOUR  thousand  dollars  per  annum,
 SUBJECT  TO TERMS AND CONDITIONS PRESCRIBED BY THE COMMISSIONER IN REGU-
 LATIONS AND within the limits of the appropriation therefor, with  which
 to  [employ persons to read to such blind student] PROVIDE SUCH STUDENTS
 WITH SUPPORT TO READ, INCLUDING THE EMPLOYMENT OF  PERSONS  TO  READ  TO
 SUCH  STUDENT AND/OR THE PURCHASE OF TECHNOLOGY TO ASSIST THE STUDENT IN
 READING from text-books and pamphlets [used by such student] in  his  or
 her  studies  at  such college, university or school, or to aid [a deaf]
 SUCH student, in receiving instruction in such studies[. In case such  a
 college,  university,  technical or professional school as will meet the
 needs or requirements of such a  student  is  not  located  within  this
 state,  such  a  sum  shall  be  paid  by this state for the use of such
 student attending such a college, university, technical or  professional
 school which shall conform to the requirements of this section in anoth-
 er  state.  Such  a sum shall also be available to aid a deaf student in
 receiving instruction in a regularly approved institution for  the  deaf
 located  outside  of the state but within one hundred fifty miles of the
 borders thereof].
   b. The trustees of any institution meeting the  requirements  of  this
 section  shall  submit  reports  in  such  form  and  at  such  times as
 prescribed by the commissioner identifying the number of students eligi-
 ble to receive aid pursuant to this subdivision and shall  estimate  the
 funds  needed  to  support such students as provided herein. The commis-
 sioner shall advance twice during the school year to each such  institu-
 tion  such  estimated  amounts within the limits of the annual appropri-
 ation provided therefore.
   [d.] C. At the conclusion of the academic year for  which  such  funds
 are provided, each institution receiving funds pursuant to this subdivi-
 sion  shall submit to the commissioner a final accounting for the use of
 such funds AND ANY ADDITIONAL REPORTING REQUIREMENTS PRESCRIBED  BY  THE
 COMMISSIONER IN REGULATIONS and shall return any unspent funds.
   [2.] 3. Such moneys shall be paid annually, after the beginning of the
 school  year  of  such  institution, by the commissioner of taxation and
 finance on the warrant of the comptroller,  to  the  treasurer  of  such
 institution,  on  his presenting an account showing the actual number of
 LEARNING DISABLED, PRINT DISABLED, blind or deaf  students  matriculated
 and  attending  the  institution, which account shall be verified by the
 president of the institution and accompanied by his certificate that the
 trustees  have  recommended  the  students  named  in  said  account  as
 hereinbefore provided.
   [3.]  4.  The trustees of any of the said institutions shall recommend
 no LEARNING DISABLED, PRINT DISABLED, blind or deaf person, who  is  not
 regularly matriculated, and who is not in good and regular standing, and
 who  is not working for a degree from the institution in which he or she
 is matriculated; and no LEARNING DISABLED, PRINT DISABLED, blind or deaf
 person shall be  recommended,  who  is  not  doing  the  work  regularly
 prescribed  by  the  institution for the degree for which he or she is a
 candidate. The moneys so paid to any such institution shall be disbursed
 for the purposes aforesaid by and under the direction of  its  board  of
 trustees.
   5.  FUNDS  APPROPRIATED  IN  THE  TWO THOUSAND SEVENTEEN--TWO THOUSAND
 EIGHTEEN ACADEMIC YEAR AND THEREAFTER FOR THE PURPOSES  OF  THIS  INITI-
 ATIVE SHALL BE ALLOCATED ON A FIRST-COME, FIRST SERVE BASIS BASED ON THE
 ORDER  OF  APPLICATIONS RECEIVED BY THE COMMISSIONER, IN A TIMEFRAME AND
 MANNER PRESCRIBED BY THE COMMISSIONER IN REGULATIONS.

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   6. FUNDS ALLOCATED PURSUANT  TO  THIS  SECTION  SHALL  SUPPLEMENT  NOT
 SUPPLANT  ANY AID PROVIDED AND/OR DEVICES CURRENTLY USED BY THE COLLEGE,
 UNIVERSITY, TECHNICAL OR PROFESSIONAL SCHOOL, INCLUDING AGRICULTURE  AND
 TECHNICAL  INSTITUTES  AND STATE INSTITUTES OF APPLIED ARTS AND SCIENCES
 OR LICENSED PRIVATE CAREER SCHOOLS AS DEFINED IN ARTICLE ONE HUNDRED ONE
 OF THIS TITLE, FOR THE PURPOSES OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.