Senate Bill S5664

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5664
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  requiring  private
   schools  to  provide  to the commissioner of education copies of their
   current certificate of occupancy and most recent  fire  safety  report
   prior  to  receipt  of apportionment funds or a Basic Educational Data
   System code
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The education law is amended by adding a new section 409-m
 to read as follows:
   § 409-M. NON-PUBLIC SCHOOL BUILDING REQUIREMENTS IN RELATION TO HEALTH
 AND  SAFETY. 1. PRIOR TO THE ISSUANCE OF A BASIC EDUCATIONAL DATA SYSTEM
 (BEDS) CODE TO A NON-PUBLIC SCHOOL AND  ANNUALLY  THEREAFTER,  THE  NON-
 PUBLIC  SCHOOL SHALL BE REQUIRED TO SUBMIT TO THE COMMISSIONER, AT MINI-
 MUM, VALID COPIES OF THE FOLLOWING:
   (A) A CERTIFICATE OF INCORPORATION OR A CHARTER ISSUED BY THE BOARD OF
 REGENTS;
   (B) A CURRENT CERTIFICATE OF OCCUPANCY AND USE ISSUED BY  THE  MUNICI-
 PALITY WHERE THE SCHOOL BUILDINGS ARE LOCATED;
   (C) A RECENT FIRE INSPECTION COMPLETED BY AN ELIGIBLE AUTHORITY PURSU-
 ANT TO SUBDIVISION THREE OF SECTION EIGHT HUNDRED SEVEN-A OF THIS TITLE;
   (D) A STATEMENT OF THE MAXIMUM CAPACITY OF THE BUILDING BEING USED FOR
 EDUCATIONAL PURPOSES AS SET BY THE LOCAL GOVERNMENT; AND
   (E)  A  LIST  OF  ADDITIONAL  OCCUPANTS  AT THE SAME ADDRESS THAT IS A
 REGISTERED NON-PUBLIC SCHOOL.
   2. NOTHING IN THIS SECTION SHALL LIMIT THE COMMISSIONER'S AUTHORITY TO
 REQUIRE ADDITIONAL  DOCUMENTATION  FROM  NON-PUBLIC  SCHOOLS  AS  DEEMED
 NECESSARY.
   3.  ON  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, ALL NON-
 PUBLIC SCHOOLS THAT CURRENTLY  HAVE  A  BASIC  EDUCATIONAL  DATA  SYSTEM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01194-01-9

 S. 5664                             2
 
 (BEDS)  CODE  REGARDLESS  OF  WHEN IT WAS FIRST ISSUED SHALL PROVIDE THE
 DEPARTMENT WITH VALID COPIES OF THE ITEMS PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION AS PART OF AN ANNUAL RECERTIFICATION. A FAILURE TO  PROVIDE
 THESE  DOCUMENTS  BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY AND EACH
 YEAR THEREAFTER WILL RESULT IN REIMBURSEMENTS TO THE  NON-PUBLIC  SCHOOL
 BEING WITHHELD AND IF NOT RECEIVED WITHIN NINETY DAYS, AT THE DISCRETION
 OF  THE  COMMISSIONER,  CAN RESULT IN A REVOCATION OF THE SCHOOL'S BASIC
 EDUCATIONAL DATA SYSTEM (BEDS) CODE, PROVIDED THAT THE NON-PUBLIC SCHOOL
 IS AFFORDED THE RIGHT TO BE HEARD BY THE COMMISSIONER.
   § 2. This act shall take effect immediately. Effective immediately the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made on or before such date.