Assembly Bill A5474

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5474
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation  to  authorizing  occupa-
   tional therapy services to be provided in school to certain students
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 912 of the education law, as amended by chapter 477
 of the laws of 2004, is amended to read as follows:
   § 912. Health and welfare services to all children. The voters  and/or
 trustees  or  board  of  education  of every school district shall, upon
 request of the authorities of a school other than public, provide  resi-
 dent  children  who attend such school with any or all of the health and
 welfare services and facilities which are made available by such  voters
 and/or  trustees  or board of education to or for children attending the
 public schools of the district. Such services may include, but  are  not
 limited  to  all services performed by a physician, physician assistant,
 dentist, dental hygienist, registered professional nurse, nurse  practi-
 tioner,  school  psychologist,  school social worker [or], school speech
 therapist, OR SCHOOL OCCUPATIONAL THERAPIST, and may also include dental
 prophylaxis, vision and hearing screening examinations,  the  taking  of
 medical  histories and the administration of health screening tests, the
 maintenance of cumulative health records and the administration of emer-
 gency care programs for ill or injured students. Any  such  services  or
 facilities  shall  be  so  provided notwithstanding any provision of any
 charter or other provision of law inconsistent herewith. Where  children
 residing  in  one  school  district  attend  a  school other than public
 located in another  school  district,  the  school  authorities  of  the
 district  of residence shall contract with the school authorities of the
 district where such nonpublic school is located, for  the  provision  of
 such  health and welfare services and facilities to such children by the
 school district where such nonpublic school is located, for a  consider-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09210-01-5
              

 A. 5474                             2
 
 ation  to  be  agreed  upon  between  the  school  authorities  of  such
 districts, subject to the  approval  of  the  qualified  voters  of  the
 district  of  residence when required under the provisions of this chap-
 ter.  Every such contract shall be in writing and in the form prescribed
 by the commissioner, and before such contract is executed the same shall
 be submitted for approval to the superintendent of schools having juris-
 diction over such district of residence  and  such  contract  shall  not
 become effective until approved by such superintendent.
   §  2.  The  education  law is amended by adding a new section 912-c to
 read as follows:
   § 912-C. OCCUPATIONAL THERAPY SERVICES. 1. FOR THE  PURPOSES  OF  THIS
 SECTION,  "OCCUPATIONAL  THERAPY  SERVICES" MEANS SCREENING, EVALUATION,
 CONSULTATION, TREATMENT AND OTHER INTERVENTIONS DELIVERED BY AN  OCCUPA-
 TIONAL  THERAPIST,  OR  OCCUPATIONAL  THERAPY  ASSISTANT, LICENSED UNDER
 ARTICLE ONE HUNDRED FIFTY-SIX OF THIS CHAPTER.
   2. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND  THE
 CITY  SCHOOL  DISTRICT  OF THE CITY OF NEW YORK MAY PROVIDE OCCUPATIONAL
 THERAPY SERVICES TO STUDENTS IN GRADES PRE-KINDERGARTEN  THROUGH  TWELVE
 WITH  OCCUPATIONAL  IMPAIRMENTS  OF  A  SEVERITY THAT DOES NOT ADVERSELY
 AFFECT THE STUDENT'S EDUCATIONAL PERFORMANCE BUT DOES PRESENT A  BARRIER
 TO  FUNCTIONING  AT  HOME OR IN THE COMMUNITY. ANY STUDENT WHO IS DETER-
 MINED TO BE IN NEED OF SUCH OCCUPATIONAL THERAPY SERVICES SHALL  RECEIVE
 SUCH THERAPY UPON THE RECOMMENDATION OF THE BUILDING ADMINISTRATOR.
   3.  A  STUDENT,  WHOSE  OCCUPATIONAL  IMPAIRMENT ADVERSELY AFFECTS THE
 STUDENT'S EDUCATIONAL PERFORMANCE SHALL BE REFERRED TO THE COMMITTEE  ON
 SPECIAL  EDUCATION FOR FURTHER EVALUATION AND RECOMMENDATION FOR SPECIAL
 EDUCATION SERVICES AND PROGRAMS PURSUANT TO ARTICLE EIGHTY-NINE OF  THIS
 CHAPTER.
   §  3.  Section  305  of  the  education law is amended by adding a new
 subdivision 63 to read as follows:
   63. A. THE COMMISSIONER SHALL ISSUE A  GUIDANCE  MEMORANDUM  TO  EVERY
 SCHOOL  DISTRICT  ON  THE  PROVISION OF OCCUPATIONAL THERAPY SERVICES IN
 SCHOOLS. SUCH MEMORANDUM SHALL INCLUDE  GUIDANCE  ON  EARLY  INTERVENING
 SERVICES  AND  MENTAL HEALTH RELATED SERVICES AND SHALL PROVIDE INFORMA-
 TION REGARDING THE SERVICES THAT  OCCUPATIONAL  THERAPISTS  MAY  PROVIDE
 WITHIN THEIR SCOPE OF PRACTICE AS A SCHOOL OCCUPATIONAL THERAPIST.
   B.  THE  COMMISSIONER  IS  AUTHORIZED  AND DIRECTED TO AMEND THE REGU-
 LATIONS REGARDING PUPIL PERSONNEL SERVICES TO ACCOUNT FOR  THE  ADDITION
 OF  LICENSED  OCCUPATIONAL THERAPISTS AND TO PROMULGATE ADDITIONAL RULES
 AND REGULATIONS FOR SUCH  PURPOSE.  SUCH  RULES  AND  REGULATIONS  SHALL
 ESTABLISH  THE  EDUCATION, WORK EXPERIENCE AND REQUIRED STUDY FOR QUALI-
 FICATION AS A SCHOOL OCCUPATIONAL THERAPIST.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.