S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7290
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 18, 2019
                                ___________
 
 Introduced  by  M.  of  A.  STERN  -- (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 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 the statute of  limitations
   for  special  education  due  process  hearings;  in  relation  to the
   selection of a preschool  evaluator;  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 feder-
   al  motor  vehicle 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  subdivi-
   sion  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 chil-
   dren of Vietnam veterans; to authorize capital outlays  for  a  school
   construction  project  less  than  $250,000; state aid adjustments for
   prior years; and payment schedules for multi-year recoveries for state
   aid and extensions for late filings of  transportation  contracts;  to
   authorize  school  districts  to  lease  space  not located within the
   school district, and to ratify certain acts in connection  with  final
   cost  reports  filed  with  the  state  education  department for each
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10249-02-9

 A. 7290                             2
 
   project for which a certificate of substantial completion  was  and/or
   is issued on or after April 1, 1995, where a final cost report was not
   submitted  by June 30th of the school year in which the certificate of
   substantial  completion  of the project was issued by the architect or
   engineer, or six months after issuance of such certificate
 
   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
 promoted thereby and, upon such rejection of all bids, the  commissioner

 A. 7290                             3
 
 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
 been satisfactorily established by the contractor that there has been at

 A. 7290                             4
 
 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 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-
 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.
   § 5. 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

 A. 7290                             5
 
 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.
   § 6. Subdivision 15 of section 353 of the executive law is REPEALED.
   § 7. 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-
 tion shall submit a report to the board of regents, the governor and the
 legislature  by  no later than January 15, 2020, 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.
   § 8. 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-
 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

 A. 7290                             6
 
 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.  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 educa-
 tion programs and services provided to other students with  disabilities
 attending   public  or  nonpublic  schools  located  within  the  school
 district, EXCEPT THAT SUCH SERVICES SHALL NOT INCLUDE 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 recommenda-
 tion of the committee on special education may be obtained by the parent
 or person in parental relation of the pupil pursuant to  the  provisions

 A. 7290                             7
 
 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 PARAGRAPH C OF THIS SUBDIVISION,
 SUBMITTED  ON  OR  AFTER  SEPTEMBER  FIRST,  TWO  THOUSAND TWELVE MAY BE
 SUBMITTED TO MEDIATION PURSUANT TO SECTION FORTY-FOUR HUNDRED FOUR-A  OF
 THIS CHAPTER.
   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,
 SUCH SERVICES SHALL NOT INCLUDE PLACEMENT IN A SPECIAL  CLASS  OR  INTE-
 GRATED  CO-TEACHING  SERVICES,  AS  SUCH  TERMS ARE DEFINED IN THE REGU-
 LATIONS OF THE COMMISSIONER. 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.
   §  9.  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.
   § 10. 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 OR SHE 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.
   § 11. 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

 A. 7290                             8
 
 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.
   § 12. 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.
   § 13. 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
 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

 A. 7290                             9
 
 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.
   §  14.  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.
   § 15. 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.
   § 16. 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.
   § 17. 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 evalu-
 ate at least annually, the status of each  child  with  a  [handicapping
 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

 A. 7290                            10
 
 [handicapping condition] DISABILITY and the child's ability  to  partic-
 ipate in instructional programs in regular education.
   §  18.  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.
   §  19. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of
 section 4402 of the education law is REPEALED.
   § 20. Subdivision 8 of section 4403 of the education law,  as  amended
 by chapter 273 of the laws of 1986, is 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.
   § 21. 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.

 A. 7290                            11
 
   § 22. Clauses (a) and (b) of subparagraph 1 of paragraph b of subdivi-
 sion 1 of section 4402 of the education law, clause (a)  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:
   (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
 WHENEVER  A  NEW  PSYCHOLOGICAL  EVALUATION IS REVIEWED OR A CHANGE TO A
 MORE RESTRICTIVE PROGRAM  OPTION,  AS  DEFINED  IN  REGULATIONS  OF  THE
 COMMISSIONER,  IS  CONSIDERED;  (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-
 tion.  The  parents  or  persons  in parental relation of the student in
 question shall receive proper written notice of their right to have  the

 A. 7290                            12

 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.
   §  23. 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
 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

 A. 7290                            13
 
 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.
   § 24. 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.
   § 25. Paragraph a of subdivision 1 of section 4404  of  the  education
 law,  as  amended by chapter 430 of the laws of 2006, is amended to read
 as follows:
   a. If the parent or person in parental  relation  of  a  student,  the
 board  of  education  or trustees of a school district or a state agency
 responsible  for  providing  education  to  students  with  disabilities
 presents  a  complaint  with respect to any matter relating to the iden-
 tification, evaluation or educational placement of the  student  or  the
 provision  of  a  free  appropriate public education to the student or a
 manifestation determination or other matter relating to  placement  upon
 discipline  of a student with a disability that may be the subject of an
 impartial hearing pursuant to subsection (k) of section fourteen hundred
 fifteen of title twenty of the United States code and  the  implementing
 federal  regulations,  and  the  party presenting the complaint or their
 attorney provides a due process  complaint  notice  in  accordance  with
 federal  law  and  regulations  and such complaint sets forth an alleged

 A. 7290                            14
 
 violation that occurred not more than [two years] ONE  YEAR  before  the
 date  the  parent  or  public agency knew or should have known about the
 alleged action that forms the basis for the complaint, OR IN THE CASE OF
 A  COMPLAINT  SEEKING  TUITION REIMBURSEMENT FOR THE UNILATERAL PARENTAL
 PLACEMENT OF A STUDENT IN  A  PRIVATE  SCHOOL,  SUCH  TUITION  CLAIM  IS
 PRESENTED  NOT  MORE  THAN ONE HUNDRED EIGHTY DAYS FROM THE PLACEMENT BY
 THE PARENT OR  PERSON  IN  PARENTAL  RELATION  IN  THE  PRIVATE  SCHOOL,
 PROVIDED THAT THE STUDENT SHALL BE DEEMED PLACED FOR SUCH PURPOSE ON THE
 FIRST  DAY  THE  STUDENT IS ENROLLED IN AND IS LIABLE FOR TUITION IN THE
 PRIVATE SCHOOL, the board or agency shall appoint an  impartial  hearing
 officer  to review the due process complaint notice when challenged and,
 if the matter is not resolved in a  resolution  session  that  has  been
 convened  as  required  by federal law, to preside over an impartial due
 process hearing and make a determination within such period of  time  as
 the  commissioner by regulation shall determine, provided that the board
 of education or trustees shall offer the parent or  person  in  parental
 relation  the option of mediation pursuant to section forty-four hundred
 four-a of this article as an alternative to an impartial hearing.  Where
 the parent or person in parental relation or a school district or public
 agency  presents  a  complaint,  the  school  district  or public agency
 responsible for appointing the impartial hearing officer  shall  provide
 the  parent  or person in parental relation with a procedural safeguards
 notice as required  pursuant  to  subsection  (d)  of  section  fourteen
 hundred fifteen of title twenty of the United States code and the imple-
 menting  federal  regulations.  Notwithstanding  any  provision  of this
 subdivision to  the  contrary,  the  time  limitation  on  presenting  a
 complaint  shall not apply to a parent or person in parental relation to
 the student if the parent or person in parental relation  was  prevented
 from requesting the impartial hearing due to specific misrepresentations
 by  the  school district or other public agency that it had resolved the
 problem forming the  basis  of  the  complaint  or  due  to  the  school
 district's  or other public agency's withholding of information from the
 parent or person in parental relation that was  required  under  federal
 law  to  be provided.  Nothing in this subdivision shall be construed to
 authorize the board of education or trustees to bring an impartial hear-
 ing to override the refusal of a parent or person in  parental  relation
 to consent where a local educational agency is prohibited by federal law
 from initiating such a hearing.
   §  26.  Paragraph  b of subdivision 4 of section 4410 of the education
 law, as added by chapter 243 of the laws of 1989, is amended to read  as
 follows:
   b. Each board shall, within time limits established by the commission-
 er,  be  responsible  for  providing  the  parent  of  a preschool child
 suspected of having a [handicapping condition] DISABILITY with a list of
 approved evaluators in the geographic area. The [parent may  select  the
 evaluator  from  such  list]  SCHOOL DISTRICT SHALL, AFTER PROVIDING THE
 PARENT WITH A LIST OF APPROVED PRESCHOOL EVALUATORS AND OBTAINING PARENT
 CONSENT TO EVALUATE, ARRANGE FOR AN EVALUATION BY THE  SERVICE  PROVIDER
 SELECTED  BY  THE DISTRICT WHO CAN PROVIDE THE EVALUATION OF THE STUDENT
 WITHIN THE TIMELINE REQUIRED BY THE DEPARTMENT. IN SELECTING THE  EVALU-
 ATOR,  THE DISTRICT SHALL CONSIDER THE PARENT'S EXPRESSED PREFERENCE, IF
 ANY, FOR THE EVALUATOR.  Each board shall provide for  dissemination  of
 the list and other information to parents at appropriate sites including
 but  not  limited to pre-kindergarten, day care, head start programs and
 early childhood  direction  centers,  pursuant  to  regulations  of  the
 commissioner.

 A. 7290                            15
 
   §  27.  Subparagraph  (iv)  of paragraph b of subdivision 5 of section
 4410 of the education law, as added by chapter 630 of the laws of  2008,
 is amended to read as follows:
   (iv) 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 school  district.
 Any  member of a committee or his or her respective school district who,
 acting reasonably and in good faith, provides such information shall not
 be liable for such action.
   § 28. 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].
   §  29.  Paragraphs  a  and  c  of subdivision 5 of section 3604 of the
 education law, paragraph a as amended by chapter 161 of the laws of 2005
 and paragraph c as added by chapter 82 of the laws of 1995, are  amended
 to read as follows:
   a. State aid adjustments. All errors or omissions in the apportionment
 shall  be  corrected by the commissioner. Whenever a school district has
 been apportioned less money than that  to  which  it  is  entitled,  the
 commissioner may allot to such district the balance to which it is enti-
 tled.  Whenever  a  school district has been apportioned more money than
 that to which it is entitled, the commissioner may, by an order,  direct
 such  moneys  to be paid back to the state to be credited to the general
 fund local assistance account for state  aid  to  the  schools,  or  may
 deduct  such  amount  from  the  next  apportionment  to be made to said
 district, provided, however, that, upon notification of excess  payments
 of  aid for which a recovery must be made by the state through deduction
 of future aid payments, a school district may request that  such  excess
 payments  be  recovered  by  deducting  such  excess  payments  from the
 payments due to such school district and payable in the month of June in
 (i) the school year in which such notification was  received  and  [(ii)
 the two succeeding school years, provided further that there shall be no
 interest  penalty  assessed  against  such  district or collected by the
 state. Such request shall be made to the commissioner in  such  form  as
 the  commissioner  shall  prescribe, and shall be based on documentation
 that the total amount to be recovered is in excess of one percent of the
 district's total general fund  expenditures  for  the  preceding  school
 year.  The  amount to be deducted in the first year shall be the greater
 of (i) the sum of the amount of such excess payments that is  recognized
 as  a liability due to other governments by the district for the preced-
 ing school year and the positive remainder of the district's  unreserved
 fund  balance at the close of the preceding school year less the product
 of the district's total general  fund  expenditures  for  the  preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments.  The amount to be recovered in the second year shall equal the
 lesser of the remaining amount of such excess payments to  be  recovered
 or  one-third  of such excess payments, and the remaining amount of such
 excess payments shall be recovered in the third year] (II) IN UP TO  TEN
 SUCCEEDING  SCHOOL  YEARS,  AS  DETERMINED  BY THE COMMISSIONER IN REGU-
 LATIONS, WHEREIN THE COMMISSIONER SHALL ESTABLISH ANY ELIGIBLE  REQUIRE-

 A. 7290                            16
 
 MENTS  AND/OR  PAYMENT  SCHEDULE FOR SUCH MULTI-YEAR RECOVERY.  Provided
 further that, notwithstanding any other provisions of this  subdivision,
 any  pending  payment  of  moneys  due  to such district as a prior year
 adjustment  payable  pursuant to paragraph c of this subdivision for aid
 claims that had been previously paid as current  year  aid  payments  in
 excess  of  the  amount  to which the district is entitled and for which
 recovery of excess payments is to be made pursuant  to  this  paragraph,
 shall  be  reduced  at the time of actual payment by any remaining unre-
 covered balance of such excess payments,  and  the  remaining  scheduled
 deductions  of  such excess payments pursuant to this paragraph shall be
 reduced by the commissioner to reflect  the  amount  so  recovered.  The
 commissioner  shall  certify  no payment to a school district based on a
 claim submitted later than three years after the  close  of  the  school
 year  in  which such payment was first to be made.  For claims for which
 payment is first to be made in the nineteen hundred  ninety-six--ninety-
 seven school year, the commissioner shall certify no payment to a school
 district based on a claim submitted later than two years after the close
 of such school year. For claims for which payment is first to be made in
 the  nineteen  hundred ninety-seven--ninety-eight school year and there-
 after, the commissioner shall certify no payment to  a  school  district
 based  on  a claim submitted later than one year after the close of such
 school year. Provided, however, no payments shall be barred  or  reduced
 where  such  payment  is  required  as  a result of a final audit of the
 state. It is further  provided  that,  until  June  thirtieth,  nineteen
 hundred  ninety-six,  the  commissioner  may  grant  a  waiver  from the
 provisions of this section for any school district if it is in the  best
 educational  interests  of the district pursuant to guidelines developed
 by the commissioner and approved by the director of the budget.
   c. Payment of moneys due for prior years. State aid payments  due  for
 prior  years in accordance with the provisions of this subdivision shall
 be paid EITHER: (1) FROM FUNDS AVAILABLE  IN  THE  GENERAL  SUPPORT  FOR
 PUBLIC  SCHOOL  APPROPRIATION  AS  A  RESULT  OF THE DEDUCTION OF EXCESS
 PAYMENTS OF AID PURSUANT TO PARAGRAPH A  OF  THIS  SUBDIVISION,  OR  (2)
 within  the  limit  of  the  appropriation designated therefor provided,
 however, that each eligible claim shall be payable in the order that  it
 has  been approved for payment by the commissioner, but in no case shall
 a single claim draw down more than forty percent of the appropriation so
 designated for a single year, and provided further that no  claim  shall
 be  set aside for insufficiency of funds to make a complete payment, but
 shall be eligible for a partial payment in one year and shall retain its
 priority date status for appropriations designated for such purposes  in
 future years.
   § 30. Subparagraph 1 of paragraph b of subdivision 6-f of section 3602
 of  the education law, as added by section 19 of part H of chapter 83 of
 the laws of 2002, is amended to read as follows:
   (1) has a total project cost of [one hundred] TWO HUNDRED FIFTY  thou-
 sand  dollars  or less; provided however, that for any district, no more
 than one project shall be eligible pursuant to this subparagraph for  an
 apportionment within the same school year; and/or
   §  31.  Subdivision 2 of section 3625 of the education law, as amended
 by chapter 474 of the laws of 1996, is amended to read as follows:
   2.  A.  Filing  of  transportation  contracts.  Every   transportation
 contract  shall  be  filed with the department within one hundred twenty
 days of the commencement of service under such contract, SUBJECT TO  THE
 PROVISIONS OF PARAGRAPH B OF THIS SUBDIVISION. No transportation expense
 shall be allowed for a period greater than one hundred twenty days prior

 A. 7290                            17
 
 to  the filing of any contract for the transportation of pupils with the
 education department. No contract shall be considered  filed  unless  it
 bears  an  original signature of the superintendent of a school district
 or  the designee of the superintendent and the sole trustee or president
 of the board of education of the school district. The final approval  of
 any  such  contract by the commissioner shall not, however, obligate the
 state to allow transportation expense in  an  amount  greater  than  the
 amount  that  would  be  allowed  under the provisions of this part. The
 state, acting through the department of audit and control,  may  examine
 any and all accounts of the contractor in connection with a contract for
 the  transportation of pupils, and every such contract shall contain the
 following provision: "The contractor hereby consents to an audit of  any
 and all financial records relating to this contract by the department of
 audit and control."
   B.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
 THE COMMISSIONER MAY CONSIDER EXTENUATING CIRCUMSTANCES,  INCLUDING  BUT
 NOT  LIMITED TO POSSESSION OF A SIGNED AND DATED RETURN RECEIPT FROM THE
 DEPARTMENT INDICATING  THAT  SUCH  TRANSPORTATION  CONTRACT  WAS  TIMELY
 FILED,  OR  EVIDENCE OF A FIRE OR OTHER NATURAL DISASTER OR CATASTROPHIC
 EVENT  THAT  DISRUPTED  OPERATIONS  OR  DESTROYED  FILES  PRIOR  TO  THE
 COMMENCEMENT OF THE CONTRACT OR DURING THE CONTRACT PERIOD, OR ANY OTHER
 EXTENUATING  CIRCUMSTANCE  DEFINED  BY  THE  COMMISSIONER IN REGULATIONS
 WHICH RESULTED IN A CONTRACT OR CONTRACTS NOT BEING FILED WITHIN THE ONE
 HUNDRED TWENTY DAY FILING PERIOD AND MAY,  IN  HIS  OR  HER  DISCRETION,
 EXTEND THE PERIOD FOR FILING OF SUCH CONTRACT OR CONTRACTS.
   §  32.  The opening paragraph of subdivision 1 of section 403-b of the
 education law, as amended by chapter 700 of the laws of 1992, is amended
 to read as follows:
   The board of education of any union free or central school district is
 hereby authorized to enter into a lease with any  other  union  free  or
 central  school district providing for the use and occupancy by any such
 school district of a school building, or a  portion  thereof,  owned  by
 such  other  school  district,  provided  such lessee school district is
 within a reasonable distance, as determined by  the  commissioner,  from
 the  lessor school district, subject to the conditions set forth in this
 subdivision. The board of education of any union free or central  school
 district  is  hereby  authorized  to enter into a lease with any person,
 partnership or corporation for use and occupancy of a building or facil-
 ity, or a portion thereof, owned by such person, partnership, or  corpo-
 ration  for  use  as  a  school  facility provided that such building or
 facility is located within the school district and subject to the condi-
 tions set forth in this subdivision; PROVIDED HOWEVER THAT  A  BOARD  OF
 EDUCATION OF ANY UNION FREE OR CENTRAL SCHOOL DISTRICT MAY BE AUTHORIZED
 TO  ENTER  INTO  A LEASE WITH ANY PERSON, PARTNERSHIP OR CORPORATION FOR
 USE AND OCCUPANCY OF A BUILDING OR FACILITY, OR A PORTION THEREOF, OWNED
 BY SUCH PERSON, PARTNERSHIP, OR CORPORATION FOR USE AS A SCHOOL FACILITY
 WHEN SUCH BUILDING OR FACILITY IS LOCATED OUTSIDE  THE  SCHOOL  DISTRICT
 WHEN  IT  IS  DEMONSTRATED  TO THE SATISFACTION OF THE COMMISSIONER THAT
 EXTENUATING CIRCUMSTANCES EXIST WHICH NECESSITATE A  LEASE  OUTSIDE  THE
 BOUNDARIES OF THE SCHOOL DISTRICT.
   §  33. Subdivision 7 of section 1709 of the education law, as added by
 chapter 130 of the laws of 1976, is amended to read as follows:
   7. To lease, on a temporary basis,  necessary  space  not  located  on
 school  property  AND/OR IS NOT LOCATED WITHIN THE SCHOOL DISTRICT, when
 the facilities of the district are overcrowded or damaged  or  destroyed
 OR  WHEN IT IS DEMONSTRATED TO THE SATISFACTION OF THE COMMISSIONER THAT

 A. 7290                            18
 
 EXTENUATING CIRCUMSTANCES EXIST WHICH NECESSITATE A  LEASE  OUTSIDE  THE
 BOUNDARIES  OF  THE SCHOOL DISTRICT, and to furnish and equip such space
 for school district use. The use of such space shall be subject to annu-
 al approval by the commissioner.
   §  34.  All  the  acts done and proceedings heretofore had or taken or
 caused to be had or taken by any school district and by all its officers
 or agents relating to or in connection with final  cost  reports  to  be
 filed  with  the state education department for each project for which a
 certificate of substantial completion was and/or is issued on  or  after
 April  1, 1995, where a final cost report was not submitted by June 30th
 of the school year in which the certificate of substantial completion of
 the project was issued by the architect or engineer, or six months after
 issuance of such certificate, whichever was later, and  all  acts  inci-
 dental  thereto are hereby legalized, validated, ratified and confirmed,
 notwithstanding any failure to comply  with  such  approval  and  filing
 provisions  of  the  education law, and provided further that any amount
 due and payable to any such school district for school  years  prior  to
 the 2019-2020 school year as a result of this act shall be paid pursuant
 to the provisions of paragraph c of subdivision 5 of section 3604 of the
 education law.
   §  35.  The  education  department  is hereby directed to consider the
 approved costs of the aforementioned projects as valid and proper  obli-
 gations of such school districts provided that:
   (a) such school districts submit an application to the commissioner of
 education  for  forgiveness for each project that meets the requirements
 of this act on a form prescribed by the commissioner of education;
   (b) such school districts submit the late or missing final cost report
 to the commissioner of education; and
   (c) such application must be approved by the  commissioner  of  educa-
 tion.
   §  36.  This act shall take effect July 1, 2019, 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,  2019 and provided further, nothing in section five 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 subdivision 2 of section 3602-c of the education
 law made by section eight of this act shall not affect the expiration of
 such subdivision and shall be deemed to expire therewith;
   (b) the amendments to subparagraph 2 of paragraph b of  subdivision  1
 of  section  4402 of the education law made by section seventeen of this
 act shall take effect upon the expiration and reversion of such subpara-
 graph pursuant to chapter 352 of the laws of  2005,  as  amended,  takes
 effect;
   (c)  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-two 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-three of  this  act
 shall take effect; and
   (d)  the amendments to paragraph a of subdivision 1 of section 4404 of
 the education law made by section twenty-five  of  this  act  shall  not
 affect  the expiration of such subdivision and shall be deemed to expire
 therewith.