S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4216
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 11, 2015
                                      ___________
       Introduced  by  Sen.  FLANAGAN  --  (at  request  of the State Education
         Department) -- 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 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.
                                                                  LBD08752-01-5
       S. 4216                             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:
    1    Section 1. Section 810 of the education law, as amended by chapter 616
    2  of the laws of 1969 and subdivision 1 as amended by chapter  96  of  the
    3  laws of 1978, is amended to read as follows:
    4    S 810. [Conservation]  EARTH  day.   [1. The last Friday in April each
    5  year is hereby made and declared to be known as  Conservation  day,  and
    6  observed  in accordance with the provisions of this chapter, except that
    7  for the year nineteen hundred seventy-eight, Conservation day  shall  be
    8  May third.
    9    2.  It  shall be the duty of the authorities of every public school in
   10  this state to assemble the pupils in their charge on  that  day  in  the
   11  school  building,  or elsewhere, as they may deem proper, and to provide
   12  for and conduct (1) such exercises as shall tend to encourage the plant-
   13  ing, protection and preservation of trees and shrubs, and  an  acquaint-
   14  ance with the best methods to be adopted to accomplish such results, and
   15  (2)  such  lectures,  pictures  or  tours, as shall tend to increase the
   16  interest and knowledge of such pupils in the fish and  wild  life,  soil
   17  and water of the state.
   18    3.  The  commissioner  of  education may prescribe from time to time a
   19  course  of  exercises  and  instruction  in  the  subjects  hereinbefore
   20  mentioned,  which  shall  be  adopted  and observed by the public school
   21  authorities on Conservation day. Upon receipt of copies of  such  course
   22  sufficient  in number to supply all the schools under their supervision,
   23  the school authorities aforesaid shall  promptly  provide  each  of  the
   24  schools  under  their  charge  with a copy, and cause it to be observed]
   25  ANNUALLY, IT SHALL BE THE DUTY OF THE AUTHORITIES OF EVERY PUBLIC SCHOOL
   26  IN THIS STATE TO OBSERVE EARTH DAY  AS  THEY  MAY  DEEM  PROPER  AND  TO
   27  ENCOURAGE INSTRUCTION ON THE EARTH'S NATURAL ENVIRONMENT AS APPROPRIATE.
   28    S  2.  Paragraph  a  of subdivision 14 of section 305 of the education
   29  law, as amended by chapter 273 of the laws of 1999, is amended  to  read
   30  as follows:
   31    a.  All  contracts  for  the  transportation  of  school children, all
   32  contracts to maintain school buses owned or leased by a school  district
   33  that  are  used for the transportation of school children, all contracts
   34  for mobile instructional units, and all contracts to  provide,  maintain
   35  and  operate  cafeteria  or restaurant service by a private food service
   36  management company shall be subject to the approval of the commissioner,
   37  who may disapprove a proposed contract if,  in  his  opinion,  the  best
   38  interests  of  the district will be promoted thereby. Except as provided
   39  in paragraph e of this subdivision,  all  such  contracts  involving  an
   40  annual  expenditure  in  excess  of  the  amount  specified for purchase
   41  contracts in the bidding requirements of the general municipal law shall
   42  be awarded to the lowest responsible bidder, which responsibility  shall
   43  be  determined  by  the board of education or the trustee of a district,
   44  with power hereby vested in the commissioner to reject any or  all  bids
   45  if,  in his opinion, the best interests of the district will be promoted
       S. 4216                             3
    1  thereby and, upon such rejection of all  bids,  the  commissioner  shall
    2  order  the board of education or trustee of the district to seek, obtain
    3  and consider new proposals. All proposals for such transportation, main-
    4  tenance, mobile instructional units, or cafeteria and restaurant service
    5  shall  be in such form as the commissioner may prescribe.  Advertisement
    6  for bids shall be published in a newspaper or newspapers  designated  by
    7  the  board of education or trustee of the district having general circu-
    8  lation within the district for such purpose OR IN THE  STATE'S  PROCURE-
    9  MENT  OPPORTUNITIES  NEWSLETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE
   10  ECONOMIC DEVELOPMENT LAW. Such advertisement shall contain  a  statement
   11  of  the  time  when  and  place where all bids received pursuant to such
   12  advertisement will be publicly opened and  read  either  by  the  school
   13  authorities  or  by  a  person  or  persons designated by them. All bids
   14  received shall be publicly opened and read at  the  time  and  place  so
   15  specified. At least five days shall elapse between the first publication
   16  of  such  advertisement  and  the  date so specified for the opening and
   17  reading of bids. The requirement for competitive bidding shall not apply
   18  to an award of a contract for the transportation of pupils or a contract
   19  for mobile instructional units OR THE PROVISION, MAINTENANCE AND  OPERA-
   20  TION  OF  CAFETERIA  OR RESTAURANT SERVICE, if such award is based on an
   21  evaluation of proposals in response to a request for proposals  pursuant
   22  to  paragraph  e  of  this  subdivision. The requirement for competitive
   23  bidding shall not apply to annual, biennial, or triennial extensions  of
   24  a  contract  nor  shall the requirement for competitive bidding apply to
   25  quadrennial or quinquennial year  extensions  of  a  contract  involving
   26  transportation of pupils, maintenance of school buses or mobile instruc-
   27  tional units secured either through competitive bidding or through eval-
   28  uation  of  proposals in response to a request for proposals pursuant to
   29  paragraph e of this subdivision, when such extensions (1)  are  made  by
   30  the  board  of  education  or the trustee of a district, under rules and
   31  regulations prescribed by the commissioner, and, (2) do not  extend  the
   32  original  contract  period beyond five years from the date cafeteria and
   33  restaurant service commenced thereunder and in the case of contracts for
   34  the transportation of pupils, for the maintenance of school buses or for
   35  mobile instructional units, that such contracts may be extended,  except
   36  that  power  is  hereby  vested  in the commissioner, in addition to his
   37  existing statutory authority to approve or disapprove transportation  or
   38  maintenance  contracts, (i) to reject any extension of a contract beyond
   39  the initial term thereof if he finds that  amount  to  be  paid  by  the
   40  district  to the contractor in any year of such proposed extension fails
   41  to reflect any decrease in the regional consumer  price  index  for  the
   42  N.Y.,  N.Y.-Northeastern,  N.J. area, based upon the index for all urban
   43  consumers (CPI-U) during the preceding twelve month period; and (ii)  to
   44  reject  any extension of a contract after ten years from the date trans-
   45  portation  or  maintenance  service  commenced  thereunder,  or   mobile
   46  instructional  units  were  first  provided, if in his opinion, the best
   47  interests of the district will be promoted thereby. Upon such  rejection
   48  of  any  proposed  extension,  the  commissioner  may order the board of
   49  education or trustee of the district to seek, obtain and  consider  bids
   50  pursuant  to  the  provisions of this section. The board of education or
   51  the trustee of a school  district  electing  to  extend  a  contract  as
   52  provided  herein, may, in its discretion, increase the amount to be paid
   53  in each year of the contract extension by an amount not  to  exceed  the
   54  regional  consumer price index increase for the N.Y., N.Y.-Northeastern,
   55  N.J. area, based upon the index for all urban consumers (CPI-U),  during
   56  the  preceding  twelve month period, provided it has been satisfactorily
       S. 4216                             4
    1  established by the contractor that there has been at least an equivalent
    2  increase in the amount of his cost of operation, during  the  period  of
    3  the contract.
    4    S  3.  Paragraph  e  of subdivision 14 of section 305 of the education
    5  law, as amended by chapter 464 of the laws of 1997, is amended  to  read
    6  as follows:
    7    e. Notwithstanding the provisions of any general, special or local law
    8  or charter, a board of education or a trustee of a district, pursuant to
    9  rules  and  regulations  promulgated  by  the  commissioner, may award a
   10  contract for the transportation of  pupils  or  a  contract  for  mobile
   11  instructional  units  OR FOR THE PROVISION, MAINTENANCE AND OPERATION OF
   12  CAFETERIA OR RESTAURANT SERVICE BY A  PRIVATE  FOOD  SERVICE  MANAGEMENT
   13  COMPANY  involving  an annual expenditure in excess of the amount speci-
   14  fied for purchase contracts in the bidding requirements of  the  general
   15  municipal  law  in compliance with the provisions of paragraph a of this
   16  subdivision or subsequent to an evaluation  of  proposals  submitted  in
   17  response  to  a  request  for  proposals prepared by or for the board of
   18  education or trustee of a district. A CONTRACT AWARDED THROUGH A REQUEST
   19  FOR PROPOSALS SHALL BE AWARDED BASED ON BEST VALUE  IN  ACCORDANCE  WITH
   20  SECTION  ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW. The commission-
   21  er, in addition to his existing statutory authority to approve or disap-
   22  prove transportation contracts, may reject any award of a transportation
   23  contract or a contract for mobile instructional units that is  based  on
   24  an  evaluation  of  proposals  submitted  in  response  to a request for
   25  proposals if he finds that (1) the contractor is not the most responsive
   26  to the request for proposals, or (2) that  the  best  interests  of  the
   27  district will be promoted thereby.
   28    S  4. Subdivision 14 of section 305 of the education law is amended by
   29  adding a new paragraph g to read as follows:
   30    G. NOTWITHSTANDING THE PROVISIONS OF  THIS  SUBDIVISION,  SECTION  ONE
   31  HUNDRED  THREE  OF  THE GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF
   32  LAW TO THE CONTRARY, THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER
   33  INTO A PIGGYBACK CONTRACT WITH ANOTHER SCHOOL DISTRICT  THAT  TRANSPORTS
   34  STUDENTS  PURSUANT  TO A CONTRACT WITH A PRIVATE TRANSPORTATION CONTRAC-
   35  TOR, PROVIDED THAT THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE
   36  AND ENTRY INTO A PIGGYBACK CONTRACT WILL RESULT IN A COST SAVINGS TO THE
   37  SCHOOL DISTRICT. FOR PURPOSES OF THIS PARAGRAPH, A "PIGGYBACK  CONTRACT"
   38  MEANS  A  CONTRACT FOR THE TRANSPORTATION OF STUDENTS THAT: (1) PROVIDES
   39  TRANSPORTATION TO A LOCATION OUTSIDE THE STUDENTS'  SCHOOL  DISTRICT  OF
   40  RESIDENCE  TO  WHICH ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANS-
   41  PORTATION TO ITS OWN  STUDENTS  THROUGH  AN  EXISTING  CONTRACT  WITH  A
   42  PRIVATE  TRANSPORTATION  CONTRACTOR,  OTHER  THAN  A  COOPERATIVELY  BID
   43  CONTRACT; (2) IS ENTERED INTO BY THE PRIVATE  TRANSPORTATION  CONTRACTOR
   44  AND  EACH  SCHOOL DISTRICT INVOLVED; AND (3) PROVIDES FOR TRANSPORTATION
   45  IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTA-
   46  TION CONTRACT.
   47    S 5. Subdivision 1 of section 6-0107 of the environmental conservation
   48  law, as added by chapter 433 of the laws of 2010, is amended to read  as
   49  follows:
   50    1.  In  addition  to  meeting  other  criteria and requirements of law
   51  governing  approval,  development,  financing  and  state  aid  for  the
   52  construction  of  new  or  expanded  public infrastructure or the recon-
   53  struction thereof, no state infrastructure agency shall approve,  under-
   54  take,  support  or  finance  a  public infrastructure project, including
   55  providing grants, awards, loans or assistance programs, unless,  to  the
   56  extent  practicable,  it is consistent with the relevant criteria speci-
       S. 4216                             5
    1  fied in subdivision two of this section. NOTWITHSTANDING THE  PROVISIONS
    2  OF  THIS  SUBDIVISION  OR  ANY  OTHER  PROVISION  OF THIS ARTICLE TO THE
    3  CONTRARY,  PROJECTS  FOR  THE  RECONSTRUCTION,  RENOVATION,  REPAIR   OR
    4  IMPROVEMENT  OF  EXISTING  PUBLIC  SCHOOL FACILITIES OR EXISTING LIBRARY
    5  FACILITIES, AND PROJECTS FOR THE CONSTRUCTION OF NEW OR EXPANDED  PUBLIC
    6  SCHOOL  OR  LIBRARY  FACILITIES  IN  CITIES  HAVING  A POPULATION OF ONE
    7  HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR MORE, SHALL  NOT  BE  DEEMED
    8  PUBLIC INFRASTRUCTURE PROJECTS SUBJECT TO THE REQUIREMENTS OF THIS ARTI-
    9  CLE.
   10    S  6.  Subparagraph  1  of paragraph (b) and paragraphs (c) and (d) of
   11  subdivision 20 of section 375 of the vehicle and traffic  law,  subpara-
   12  graph  1 of paragraph (b) as amended by chapter 242 of the laws of 1992,
   13  paragraph (c) as amended by chapter 96 of the laws of 1973 and paragraph
   14  (d) as amended by chapter 567 of the laws of 1985, are amended  to  read
   15  as follows:
   16    (1) In addition to such signal lamps, two signs shall be conspicuously
   17  displayed  on  the  exterior  of  every such omnibus designating it as a
   18  school omnibus by the use of the  words  "SCHOOL  BUS"  which  shall  be
   19  painted  or  otherwise inscribed thereon in black letters.  Such letters
   20  shall be of uniform size, at least eight  inches  in  height,  and  each
   21  stroke  of  each  letter  shall be not less than one inch in width.  The
   22  background of each such sign  shall  be  painted  [the  color  known  as
   23  "national  school  bus  chrome"]  ON  A  BACKGROUND  OF RETRO REFLECTIVE
   24  NATIONAL SCHOOL BUS YELLOW MATERIAL. THE  MATERIAL  SHALL  BE  THE  SAME
   25  QUALITY  AND  TYPE AS FEDERAL MOTOR VEHICLE SAFETY STANDARDS REQUIRE FOR
   26  THE MARKING OF EMERGENCY EXITS.  For each such omnibus having a  seating
   27  capacity  in  excess  of  fifteen children, such signs shall be securely
   28  mounted on top of such vehicle, one of which shall  be  affixed  on  the
   29  front  and one on the rear thereof. For each such omnibus having a seat-
   30  ing capacity of not more than fifteen  children,  such  signs  shall  be
   31  securely  mounted  on  top  of such vehicle, one of which shall face the
   32  front and one of which shall face the rear thereof. Each such sign shall
   33  be visible and readable from a point at least two hundred feet distant.
   34    (c) [In the event such vehicle is operated on a public highway  during
   35  the  period  between one-half hour after sunset and one-half hour before
   36  sunrise, the signs required by paragraph (b) of this  subdivision  shall
   37  be  illuminated as to be visible from a point at least five hundred feet
   38  distant.
   39    (d)] Every such omnibus shall be equipped as  provided  in  paragraphs
   40  (a)  and (b) of this subdivision, [and such signs shall be displayed and
   41  illuminated in accordance with paragraphs (b) and (c) of  this  subdivi-
   42  sion,]  and such signal lamps shall be operated as provided in paragraph
   43  (a) of this subdivision at all times when such omnibus shall be  engaged
   44  in  transporting  pupils  to  and from school or school activities or in
   45  transporting children to and from  child  care  centers  maintained  for
   46  children  of migrant farm and food processing laborers, or in transport-
   47  ing children to and from camp or camp activities or  transporting  chil-
   48  dren  to  and  from  religious  services  or instruction or transporting
   49  persons with disabilities on any such omnibus used by any state facility
   50  or not-for-profit agency licensed by the state.
   51    S 7. Subdivision 15 of section 353 of the executive law is REPEALED.
   52    S 8. The commissioner of education, in consultation with the office of
   53  the state comptroller, shall conduct a  study  of  the  feasibility  and
   54  desirability  of  authorizing school districts and boards of cooperative
   55  educational services to enter national credit card contracts as a  cost-
   56  saving  measure, with appropriate safeguards. The commissioner of educa-
       S. 4216                             6
    1  tion shall submit a report to the board of regents, the governor and the
    2  legislature by no later than January 15, 2016, with  recommendations  on
    3  whether  and  under what conditions such credit card contracts should be
    4  authorized  and  identifying  any legislative or regulatory changes that
    5  would be needed to authorize such credit card contracts.
    6    S 9. Subparagraph 2 of paragraph  (b)  of  subdivision  4  of  section
    7  2590-b  of  the  education law, as amended by chapter 345 of the laws of
    8  2009, is amended to read as follows:
    9    (2) advise and comment  on  the  process  of  establishing  committees
   10  [and/or   subcommittees]   on  special  education  in  community  school
   11  districts pursuant to section forty-four hundred two of this chapter;
   12    S 10. Paragraph (a) of subdivision 4 of section 2853 of the  education
   13  law,  as  amended by chapter 378 of the laws of 2007, is amended to read
   14  as follows:
   15    (a) For purposes of sections seven hundred one, seven hundred  eleven,
   16  seven hundred fifty-one and nine hundred twelve of this chapter, a char-
   17  ter  school  shall  be  deemed a nonpublic school in the school district
   18  within which the charter school is located. Special  education  programs
   19  and services shall be provided to students with a disability attending a
   20  charter  school  in accordance with the individualized education program
   21  recommended by the committee [or subcommittee] on special  education  of
   22  the  student's  school  district  of  residence.  The charter school may
   23  arrange to have such services provided by such school district of  resi-
   24  dence  or  by  the  charter  school directly or by contract with another
   25  provider.  Where the charter school arranges to have the school district
   26  of residence provide such special education programs or  services,  such
   27  school  district  shall provide services in the same manner as it serves
   28  students with  disabilities  in  other  public  schools  in  the  school
   29  district,  including the provision of supplementary and related services
   30  on site to the same extent to which it  has  a  policy  or  practice  of
   31  providing such services on the site of such other public schools.
   32    S  11. Paragraph (a) of subdivision 4 of section 2853 of the education
   33  law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
   34  follows:
   35    (a)  For purposes of sections seven hundred one, seven hundred eleven,
   36  seven hundred fifty-one and nine hundred twelve of this chapter, a char-
   37  ter school shall be deemed a nonpublic school  in  the  school  district
   38  within  which  the charter school is located. Special education programs
   39  and services shall be provided to students with a disability attending a
   40  charter school in accordance with the individualized  education  program
   41  recommended  by  the committee [or subcommittee] on special education of
   42  the student's school district  of  residence.  The  charter  school  may
   43  arrange  to have such services provided by such school district of resi-
   44  dence or by the charter school directly  or  by  contract  with  another
   45  provider.
   46    S  12. Paragraph a of subdivision 1 and paragraph a and subparagraph 1
   47  of paragraph b of subdivision 2 of section 3602-c of the education  law,
   48  paragraph  a  of  subdivision 1 as amended by chapter 474 of the laws of
   49  2004, paragraph a and subparagraph 1 of paragraph b of subdivision 2  as
   50  amended  by chapter 378 of the laws of 2007, are amended and a new para-
   51  graph e is added to subdivision 2 to read as follows:
   52    a. "Services" shall mean instruction in the areas  of  gifted  pupils,
   53  career education and education for students with disabilities, and coun-
   54  seling,  psychological and social work services related to such instruc-
   55  tion provided during the regular school year for pupils  enrolled  in  a
   56  nonpublic  school located in a school district, INCLUDING SPECIAL EDUCA-
       S. 4216                             7
    1  TION PROGRAMS AND RELATED SERVICES AS  DEFINED  IN  SUBDIVISION  TWO  OF
    2  SECTION  FORTY-FOUR  HUNDRED  ONE OF THIS CHAPTER OTHER THAN AN APPROVED
    3  PRIVATE RESIDENTIAL OR  NON-RESIDENTIAL  SCHOOL  FOR  THE  EDUCATION  OF
    4  STUDENTS  WITH  DISABILITIES, provided that such instruction is given to
    5  pupils enrolled in the public schools of such district. SUCH TERM  SHALL
    6  ALSO INCLUDE EDUCATION FOR STUDENTS WITH DISABILITIES ENROLLED IN SUCH A
    7  NONPUBLIC SCHOOL WHICH IS PROVIDED IN JULY AND AUGUST IN ACCORDANCE WITH
    8  PARAGRAPH E OF SUBDIVISION TWO OF THIS SECTION.
    9    a.  Boards  of  education  of  all school districts of the state shall
   10  furnish services to students who are residents of  this  state  and  who
   11  attend  nonpublic  schools  located  in  such school districts, upon the
   12  written request of the parent or person in parental relation of any such
   13  student. Such a request for  career  education  or  services  to  gifted
   14  students  shall  be  filed  with  the  board  of education of the school
   15  district in which the parent or  person  in  parental  relation  of  the
   16  student  resides on or before the first day of June preceding the school
   17  year for which the request  is  made.  In  the  case  of  education  for
   18  students with disabilities, such a request shall be filed with the trus-
   19  tees  or  board  of  education  of the school district of location on or
   20  before the first of [June] APRIL preceding the school year for which the
   21  request is made[, or by July first, two thousand seven for the two thou-
   22  sand seven--two thousand eight school year only,] FOR THOSE STUDENTS FOR
   23  WHOM AN INDIVIDUALIZED  EDUCATION  SERVICE  PROGRAM  WAS  DEVELOPED  AND
   24  IMPLEMENTED  PURSUANT  TO  THIS  SECTION  PRIOR  TO SUCH DATE, AND ON OR
   25  BEFORE THE FIRST OF JUNE PRECEDING THE SCHOOL YEAR FOR WHICH THE REQUEST
   26  IS MADE FOR THOSE STUDENTS WHO WILL BE  FIRST  RECEIVING  EDUCATION  FOR
   27  STUDENTS  WITH  DISABILITIES PURSUANT TO THIS SECTION IN THE SCHOOL YEAR
   28  FOR WHICH THE REQUEST IS MADE OR FOR WHOM  AN  INDIVIDUALIZED  EDUCATION
   29  SERVICE  PROGRAM  IS  FIRST  DEVELOPED AND IMPLEMENTED ON OR AFTER APRIL
   30  FIRST AND ON OR BEFORE JUNE FIRST; provided  that  where  a  student  is
   31  first  identified  as a student with a disability after the first day of
   32  June preceding the school year for which the request is made, [or thirty
   33  days after the chapter of the laws of two thousand seven  which  amended
   34  this  paragraph,  takes  effect where applicable, and prior to the first
   35  day of April of such current school year,] such request shall be submit-
   36  ted within thirty days after AN INDIVIDUALIZED EDUCATION SERVICE PROGRAM
   37  IS DEVELOPED FOR such student [is first identified. For  students  first
   38  identified  after  March  first  of  the  current  school year, any such
   39  request for education for students  with  disabilities  in  the  current
   40  school  year  that  is submitted on or after April first of such current
   41  school year, shall be deemed a timely request for such services  in  the
   42  following school year].
   43    (1) For the purpose of obtaining education for students with disabili-
   44  ties, as defined in paragraph d of subdivision one of this section, such
   45  request  shall  be reviewed by the committee on special education of the
   46  school district of  location,  which  shall  develop  an  individualized
   47  education  service  program for the student based on the student's indi-
   48  vidual needs in the same manner and with the same contents as  an  indi-
   49  vidualized  education  program,  EXCEPT  AS  OTHERWISE  PROVIDED IN THIS
   50  SUBPARAGRAPH. The committee  on  special  education  shall  assure  that
   51  special  education  programs and services are made available to students
   52  with disabilities attending nonpublic schools located within the  school
   53  district  on  an  equitable  basis,  as  compared  to  special education
   54  programs and services  provided  to  other  students  with  disabilities
   55  attending   public  or  nonpublic  schools  located  within  the  school
   56  district, EXCEPT THAT THERE SHALL BE NO ENTITLEMENT UNDER  THIS  SECTION
       S. 4216                             8
    1  TO  THE PROVISION OF A SPECIAL CLASS OR INTEGRATED CO-TEACHING SERVICES,
    2  AS SUCH TERMS ARE DEFINED IN THE REGULATIONS OF THE COMMISSIONER, BY THE
    3  SCHOOL DISTRICT OF LOCATION FOR ALL OR PART OF THE SCHOOL DAY. Review of
    4  the recommendation of the committee on special education may be obtained
    5  by  the  parent  or person in parental relation of the pupil pursuant to
    6  the provisions of section  forty-four  hundred  four  of  this  chapter;
    7  PROVIDED  THAT  A  DUE  PROCESS  COMPLAINT,  OTHER  THAN  A  DUE PROCESS
    8  COMPLAINT RELATING TO CHILD FIND REQUIREMENTS BROUGHT PURSUANT TO  PARA-
    9  GRAPH  C OF THIS SUBDIVISION, SUBMITTED ON OR AFTER SEPTEMBER FIRST, TWO
   10  THOUSAND TWELVE SHALL BE SUBMITTED  TO  MEDIATION  PURSUANT  TO  SECTION
   11  FORTY-FOUR  HUNDRED  FOUR-A  OF  THIS CHAPTER AND AT LEAST ONE MEDIATION
   12  SESSION SHALL BE HELD PRIOR TO MAKING A REQUEST FOR AN IMPARTIAL HEARING
   13  IN ACCORDANCE WITH A TIMELINE PRESCRIBED BY THE COMMISSIONER.
   14    e. A nonpublic school student whose disability  is  severe  enough  to
   15  exhibit  the need for a structured learning environment of twelve months
   16  duration to maintain developmental levels shall be eligible  to  receive
   17  special education programs and services in July and August in accordance
   18  with  the  individualized  education  service  program  developed by the
   19  committee on special education of the school district  of  location  and
   20  the  provisions  of  section  forty-four  hundred eight of this chapter.
   21  Provided, however, that during a July/August special education  program,
   22  a  nonpublic  school  student  shall  not  be  entitled pursuant to this
   23  section to placement  in  a  special  class  or  integrated  co-teaching
   24  services,  as  such  terms are defined in the regulations of the commis-
   25  sioner. Notwithstanding any other provision of law to the contrary,  the
   26  school  district  of  location  shall be eligible for state aid for such
   27  services exclusively pursuant to section  forty-four  hundred  eight  of
   28  this chapter.
   29    S  13.  Paragraph  e of subdivision 2 of section 4002 of the education
   30  law, as added by chapter 563 of the laws of 1980, is amended to read  as
   31  follows:
   32    e.  Appointment  by  the  commissioner to a state [or state-supported]
   33  school in accordance with article [eighty-five,] eighty-seven or  eight-
   34  y-eight  of  this  chapter  OR ENROLLMENT IN A STATE-SUPPORTED SCHOOL IN
   35  ACCORDANCE WITH ARTICLE EIGHTY-FIVE OF THIS CHAPTER.
   36    S 14. Subdivision 2 of section 4201 of the education law is amended to
   37  read as follows:
   38    2. It shall be the duty of the commissioner:
   39    a. To inquire into the organization of the  several  schools  and  the
   40  methods of instruction employed therein.
   41    b.  To prescribe courses of study and methods of instruction that will
   42  meet the requirements of the state for the education of  [state]  pupils
   43  ATTENDING SUCH SCHOOLS.
   44    c. [To make appointments of pupils to the several schools, to transfer
   45  such  pupils from one school to another as circumstances may require; to
   46  cancel appointments for sufficient reason.
   47    d.] To ascertain by  a  comparison  with  other  similar  institutions
   48  whether  any improvements in instruction and discipline can be made; and
   49  for that purpose to appoint from time to time, suitable persons to visit
   50  the schools.
   51    [e.] D. To suggest to the directors of such institutions  and  to  the
   52  legislature such improvements as he shall judge expedient.
   53    [f.]  E.  To  make  an  annual report to the legislature on all of the
   54  matters enumerated in this subdivision and particularly as to the condi-
   55  tion of the schools, the improvement of the pupils, and their  treatment
   56  in respect to board and lodging.
       S. 4216                             9
    1    S 15. Section 4203 of the education law is amended to read as follows:
    2    S  4203.  Persons  eligible  for [appointment] ENROLLMENT as pupils to
    3  institutions for instruction of the deaf.  All deaf children resident in
    4  this state, of the age of three years and upwards and of suitable capac-
    5  ity, and who shall have been resident in this state for one  year  imme-
    6  diately  preceding  the  application,  or,  if  an orphan, whose nearest
    7  friend shall have been resident in this state for one  year  immediately
    8  preceding  the  application,  shall  be  eligible  [to  appointment] FOR
    9  ENROLLMENT as [state] pupils in one of the institutions for the instruc-
   10  tion of the deaf of this  state,  authorized  by  law  to  receive  such
   11  pupils;  provided,  however,  the  foregoing requirement as to length of
   12  residence in this state may be waived in the discretion of  the  commis-
   13  sioner  [of education].   PLACEMENT IN SUCH INSTITUTIONS SHALL BE RECOM-
   14  MENDED BY THE COMMITTEE ON SPECIAL EDUCATION, OR COMMITTEE ON  PRESCHOOL
   15  SPECIAL  EDUCATION  WHERE APPLICABLE, OF THE SCHOOL DISTRICT RESPONSIBLE
   16  FOR EDUCATING SUCH  PUPIL,  AND  SUCH  RECOMMENDATION  MAY  INCLUDE  THE
   17  PROVISION  OF  SPECIAL EDUCATION PROGRAMS AND SERVICES IN JULY OR AUGUST
   18  IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH A OF SUBDIVISION  TWO  OF
   19  SECTION FORTY-FOUR HUNDRED TWO OF THIS CHAPTER.
   20    S  16.  Subdivision 3 of section 4204 of the education law, as amended
   21  by section 51 of part A of chapter 58 of the laws of 2011, is amended to
   22  read as follows:
   23    3. The regular term of instruction of any such  deaf  pupil  shall  be
   24  twelve years, or until the pupil shall have attained the age of eighteen
   25  years  before  the expiration of twelve years from the beginning of such
   26  term. The [commissioner] COMMITTEE ON SPECIAL EDUCATION  may,  in  [his]
   27  ITS discretion, [extend] RECOMMEND AN EXTENSION OF the term of any pupil
   28  until  [his]  THE  DATE  OF THE SCHOOL YEAR IN WHICH THE PUPIL'S twenty-
   29  first birthday OCCURS AND SUCH  PUPIL'S  ELIGIBILITY  ENDS  PURSUANT  TO
   30  SUBDIVISION  FIVE  OF SECTION FORTY-FOUR HUNDRED TWO OF THIS ARTICLE for
   31  the purpose of pursuing or completing academic or vocational courses  of
   32  study.  Such  pupils must be recommended by the trustees of the institu-
   33  tion in which they are in attendance  before  THE  COMMITTEE  RECOMMENDS
   34  THAT such extension of time [is granted] BE MADE.
   35    S  17.  Section 4206 of the education law, as amended by chapter 53 of
   36  the laws of 1990, is amended to read as follows:
   37    S 4206. Persons eligible for [appointment] ENROLLMENT as  pupils  [to]
   38  IN  institutions  for instruction of the blind.  1. All blind persons of
   39  suitable age and capacity and who shall  have  been  residents  in  this
   40  state for one year immediately preceding the application or, if a minor,
   41  whose  parent  or parents, or, if an orphan, whose nearest friend, shall
   42  have been a resident in this state for one  year  immediately  preceding
   43  the  application,  shall  be  eligible  for  [appointment] ENROLLMENT as
   44  [state] pupils to the New York Institute for Special  Education  in  the
   45  city  of New York or the Lavelle School for the Blind in the city of New
   46  York.
   47    2. Blind babies and children of the age of fifteen years and under and
   48  possessing the other  qualifications  prescribed  in  this  article  and
   49  requiring  kindergarten  training or other special care and instruction,
   50  shall be eligible for [appointment] ENROLLMENT as [state] pupils [by the
   51  commissioner of education at his discretion] in any incorporated  insti-
   52  tution  furnishing  approved  care,  training  and instruction for blind
   53  babies and children, and any such child may be transferred  to  the  New
   54  York  Institute  for  Special  Education  in the city of New York or the
   55  Lavelle School for the Blind in the city of New York, to which he or she
       S. 4216                            10
    1  would otherwise be eligible for [appointment] ENROLLMENT, upon  arriving
    2  at suitable age[, in the discretion of the commissioner of education].
    3    3.  [All such appointments shall be made by the commissioner of educa-
    4  tion.] The requirement of this section as to length of residence in this
    5  state may be waived in the discretion of  the  commissioner  [of  educa-
    6  tion].
    7    4.  PLACEMENT IN SUCH INSTITUTIONS SHALL BE RECOMMENDED BY THE COMMIT-
    8  TEE ON SPECIAL EDUCATION, OR COMMITTEE ON  PRESCHOOL  SPECIAL  EDUCATION
    9  WHERE  APPLICABLE, OF THE SCHOOL DISTRICT RESPONSIBLE FOR EDUCATING SUCH
   10  PUPIL, AND SUCH RECOMMENDATION MAY  INCLUDE  THE  PROVISION  OF  SPECIAL
   11  EDUCATION PROGRAMS AND SERVICES IN JULY OR AUGUST IN ACCORDANCE WITH THE
   12  PROVISIONS  OF  PARAGRAPH  A  OF  SUBDIVISION  TWO OF SECTION FORTY-FOUR
   13  HUNDRED TWO OF THIS TITLE.
   14    S 18. Subdivisions 3 and 4 of section 4207 of the  education  law,  as
   15  amended  by  section 54 of part A of chapter 58 of the laws of 2011, are
   16  amended to read as follows:
   17    3. The regular term of instruction of any such blind pupil in the  New
   18  York  Institute for Special Education shall be eight years. The [commis-
   19  sioner] COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT  RESPONSI-
   20  BLE  FOR THE EDUCATION OF THE PUPIL, WITH THE CONSENT OF THE TRUSTEES OF
   21  THE  NEW  YORK  INSTITUTE  FOR  SPECIAL  EDUCATION,  may  in  [his]  ITS
   22  discretion [extend] RECOMMEND THE EXTENSION OF the term of any pupil for
   23  a  period  not  exceeding  three  years. It shall also be lawful for the
   24  [commissioner] COMMITTEE to continue such pupils [as state  pupils]  for
   25  an  additional  period  of  three  years  for the purpose of pursuing or
   26  completing a course of high school study[; such pupils  must  be  recom-
   27  mended  by  the trustees of the New York Institute for Special Education
   28  before such extension is granted].
   29    4. The term of appointment for blind babies and children of the age of
   30  fifteen years and under received into any institution in accordance with
   31  this article shall be  at  the  discretion  of  the  [commissioner]  THE
   32  COMMITTEE  ON SPECIAL EDUCATION OR PRESCHOOL COMMITTEE ON SPECIAL EDUCA-
   33  TION OF THE SCHOOL DISTRICT RESPONSIBLE FOR THE EDUCATION OF THE STUDENT
   34  AND THE TRUSTEES OF THE NEW YORK INSTITUTE FOR SPECIAL EDUCATION.
   35    S 19. Section 4213 of the education law, as added by  chapter  496  of
   36  the laws of 1986, is amended to read as follows:
   37    S 4213. Other  persons  eligible  for  [appointment]  ENROLLMENT.   In
   38  accordance with the provisions of the charter of the New York  Institute
   39  for Special Education, and amendments thereto, as issued by the board of
   40  regents,  children  with  [handicapping  conditions] DISABILITIES, other
   41  than [handicapping conditions] DISABILITIES which would establish eligi-
   42  bility for [appointment] ENROLLMENT to the schools  enumerated  in  this
   43  article,  shall be eligible for [appointment] ENROLLMENT to the New York
   44  Institute for Special Education as [state]  pupils.  The  provisions  of
   45  this article shall apply but not necessarily be limited to the [appoint-
   46  ment]  ENROLLMENT,  education,  maintenance  and support of such pupils.
   47  Such pupils eligible for  [appointment]  ENROLLMENT,  pursuant  to  this
   48  section,  shall  be  persons over five and under twenty-one years of age
   49  who have not received a high school diploma.
   50    S 20. Paragraph d of subdivision 2 of section 4401  of  the  education
   51  law, as amended by chapter 53 of the laws of 1990, is amended to read as
   52  follows:
   53    d.  Appointment  by  the  commissioner to a state school in accordance
   54  with article eighty-seven or eighty-eight of this chapter or  ENROLLMENT
   55  IN  a  state-supported  school in accordance with article eighty-five of
   56  this chapter.
       S. 4216                            11
    1    S 21. Subparagraph 2 of paragraph b of subdivision 1 of  section  4402
    2  of  the education law, as amended by chapter 352 of the laws of 2005, is
    3  amended to read as follows:
    4    (2) Such committees [or subcommittees] shall review at least annually,
    5  the status of each student with a disability and each student thought to
    6  be  disabled  who is identified pursuant to paragraph a of this subdivi-
    7  sion. Such review shall consider the educational progress  and  achieve-
    8  ment  of  the  student  with  a  disability and the student's ability to
    9  participate in instructional programs in regular education.
   10    S 22. Subparagraph 2 of paragraph b of subdivision 1 of  section  4402
   11  of  the  education law, as amended by chapter 82 of the laws of 1995, is
   12  amended to read as follows:
   13    (2) Such committees [or  subcommittees]  shall  identify,  review  and
   14  evaluate  at  least annually, the status of each child with a [handicap-
   15  ping condition] DISABILITY and each child thought  to  [be  handicapped]
   16  HAVE  A  DISABILITY  who resides within the school district. Such review
   17  shall consider the educational progress and  achievement  of  the  child
   18  with  a  [handicapping  condition] DISABILITY and the child's ability to
   19  participate in instructional programs in regular education.
   20    S 23. Subparagraph 2 of paragraph b of subdivision 2 of  section  4402
   21  of  the education law, as amended by chapter 391 of the laws of 1989, is
   22  amended to read as follows:
   23    (2) The board shall select the most reasonable and appropriate special
   24  service or program for such children from those  programs  specified  in
   25  paragraphs  a, b, c, PARAGRAPH D WITH RESPECT TO STATE SUPPORTED SCHOOLS
   26  AND PARAGRAPHS e, f, g, h, i, k, l and m of subdivision two  of  section
   27  forty-four  hundred  one of this article upon receipt of the recommenda-
   28  tion of the committee on special education. All contracts  with  schools
   29  pursuant  to  the  provisions  of  paragraphs  d, e, f, g, h, l and m of
   30  subdivision two of section forty-four hundred one of this article  shall
   31  be  subject  to  the  approval  of the commissioner. All contracts under
   32  paragraph c of subdivision two of section forty-four hundred one OF THIS
   33  ARTICLE shall be made in accordance with the provisions  of  subdivision
   34  four  of  section nineteen hundred fifty of this chapter. No child shall
   35  be placed in a residential school nor shall a board recommend  placement
   36  in a residential facility specified in paragraph j of subdivision two of
   37  section forty-four hundred one OF THIS ARTICLE unless there is no appro-
   38  priate  nonresidential school available consistent with the needs of the
   39  child.  The board shall provide written notice of its  determination  to
   40  the  parent or legal guardian of such child. If the determination of the
   41  board of education is not consistent with  the  recommendations  of  the
   42  committee  on special education, such notice shall include the statement
   43  of the reasons for such determination which shall identify  the  factors
   44  considered by the committee on special education in its evaluation.
   45    S  24. The opening paragraph of subparagraph 3 and subparagraph 3-a of
   46  paragraph b of subdivision 1 of section 4402 of the education  law,  the
   47  opening paragraph of subparagraph 3 as amended by chapter 53 of the laws
   48  of  1991  and  subparagraph  3-a  as added by chapter 630 of the laws of
   49  2008, are amended to read as follows:
   50    The committee [or when applicable the subcommittee] shall:
   51    (3-a) The members of the committee [or  subcommittee]  may  compile  a
   52  list  of  appropriate  and/or  helpful  services  that  may be available
   53  outside of the school setting  to  provide  the  parents  or  person  in
   54  parental  relation  of  a child with a disability with such information.
   55  Such list shall clearly state that these services  are  in  addition  to
   56  services supplied by the school district and will not be paid for by the
       S. 4216                            12
    1  school  district.  Any member of a committee [or subcommittee] or his or
    2  her respective school district who, acting reasonably and in good faith,
    3  provides such information shall not be liable for such action.
    4    S  25. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of
    5  section 4402 of the education law is REPEALED.
    6    S 26. Subdivisions 8 and 9 of section 4403 of the  education  law,  as
    7  amended  by  chapter  273  of  the  laws of 1986, are amended to read as
    8  follows:
    9    8. To develop and distribute a handbook for parents  of  [handicapped]
   10  children WITH DISABILITIES and the members of committees [and subcommit-
   11  tees]  on  special  education,  which  handbook shall explain, in layman
   12  terms, the financial and educational obligations of the state, the coun-
   13  ty or city, the home school district, the committee  on  special  educa-
   14  tion,  and  the  parent  or legal guardian of a [handicapped] child WITH
   15  DISABILITY, the special services or programs available pursuant to  this
   16  article,  and  the  legal procedures available to an aggrieved parent or
   17  legal guardian of a [handicapped] child WITH A DISABILITY.
   18    9. To make provision by regulation of the commissioner to  assure  the
   19  confidentiality  of  any  personally identifiable data, information, and
   20  records collected or maintained by the state department of education  or
   21  any  school district, including a committee [or subcommittee] on special
   22  education, and the officers, employees or members thereof,  pursuant  to
   23  or  in  furtherance of the purposes of this article, and shall establish
   24  procedures upon which any such personally  identifiable  data,  informa-
   25  tion, or records may be disclosed.
   26    S  27. Subdivision 16 of section 4403 of the education law, as amended
   27  by section 4 of part E of chapter 501 of the laws of 2012, is amended to
   28  read as follows:
   29    16. Commencing with the  nineteen  hundred  eighty-seven--eighty-eight
   30  school  year,  to  provide for instruction during the months of July and
   31  August of students with [handicapping conditions] DISABILITIES who  have
   32  received  state  appointments pursuant to article [eighty-five,] eighty-
   33  seven or eighty-eight of this chapter, and  whose  [handicapping  condi-
   34  tions,  in  the  judgment  of the commissioner,] DISABILITIES are severe
   35  enough to exhibit the need for  a  structured  learning  environment  of
   36  twelve  months duration to maintain developmental levels, by making such
   37  appointments for twelve  months;  provided  that  the  initial  term  of
   38  appointment  of a student with a [handicapping condition] DISABILITY who
   39  is the minimum age eligible for  such  a  state  appointment  shall  not
   40  commence during the months of July or August.
   41    S  28.  The opening paragraph and clauses (a), (b) and (c) of subpara-
   42  graph 1 of paragraph b of subdivision 1 of section 4402 of the education
   43  law, the opening paragraph and clauses (a) and (c) as amended by chapter
   44  311 of the laws of 1999, subclause (viii) of clause (a)  as  amended  by
   45  chapter  194  of the laws of 2004, clause (b) as amended by section 1 of
   46  chapter 276 of the laws of 2012 and the closing paragraph of clause  (b)
   47  as  amended  by  chapter 378 of the laws of 2007, are amended to read as
   48  follows:
   49    The board of education or  trustees  of  each  school  district  shall
   50  establish  committees  [and/or  subcommittees]  on  special education as
   51  necessary to ensure timely evaluation and placement of pupils. The board
   52  of education of the city school district of the city of New York,  shall
   53  establish  at  least  one  committee on special education in each of its
   54  community school districts, provided that appointments to the  community
   55  school district committees shall be made upon the approval of the commu-
   56  nity  school board except that the board of education of the city school
       S. 4216                            13
    1  district of the city of New York, may establish one committee  to  serve
    2  more  than  one  community  school district, in which case, appointments
    3  thereto shall be made upon the joint approval of the affected  community
    4  school  boards; provided, however, that prior to such consolidation, the
    5  board shall consider the relative caseload of the committee  on  special
    6  education  in each affected community school district, including but not
    7  limited to the following factors: the number of  students  evaluated  by
    8  such  committee;  the  number  of referrals to special education in such
    9  community school district; the ability to comply with mandated paperwork
   10  and timelines; and other issues which the board deems pertinent.
   11    (a) Such committees shall  be  composed  of  at  least  the  following
   12  members:    (i)  the  parents or persons in parental relationship to the
   13  student; (ii) one regular education teacher of the student whenever  the
   14  student is or may be participating in the regular education environment;
   15  (iii)  one special education teacher of the student, or, if appropriate,
   16  a special education provider of the student; (iv) a school  psychologist
   17  WHERE  THE  PURPOSE  OF  THE MEETING IS TO DETERMINE A STUDENT'S INITIAL
   18  ELIGIBILITY FOR SPECIAL EDUCATION; (v) a representative of  such  school
   19  district  who is qualified to provide or administer or supervise special
   20  education and is knowledgeable about  the  general  curriculum  and  the
   21  availability of resources of the school district; (vi) an individual who
   22  can  interpret  the  instructional  implications  of evaluation results;
   23  (vii) [a school physician; (viii)] an additional parent, residing in the
   24  school district or a neighboring school district, of a  student  with  a
   25  disability,  of  a  student  who  has been declassified and is no longer
   26  eligible for an individualized education program (IEP), or a parent of a
   27  disabled child who has graduated, for a period of five years beyond  the
   28  student's declassification or graduation, provided such parent shall not
   29  be  employed by or under contract with the school district, and provided
   30  further that such additional parent shall not be a required member  [if]
   31  UNLESS  the parents, THE STUDENT OR A MEMBER OF THE COMMITTEE ON SPECIAL
   32  EDUCATION request that such additional parent member  [not]  participate
   33  IN  ACCORDANCE  WITH CLAUSE (B) OF THIS SUBPARAGRAPH; [(ix)] (VIII) such
   34  other persons  having  knowledge  or  special  expertise  regarding  the
   35  student  as  the  school  district or the parents or persons in parental
   36  relationship to the student shall  designate,  to  the  extent  required
   37  under federal law; and [(x)] (IX) if appropriate, the student.
   38    (b)  In  determining  the  composition  of  such committee pursuant to
   39  clause (a) of this subparagraph, a school district may determine that  a
   40  member  appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
   41  [(ix)] (VIII) of clause (a)  of  this  subparagraph  also  fulfills  the
   42  requirement  of  subclause  (vi) of clause (a) of this subparagraph of a
   43  member who is an individual who can interpret the  instructional  impli-
   44  cations  of  evaluation results where such individuals are determined by
   45  the school district to have the knowledge and expertise to do so  and/or
   46  that  a  member  appointed pursuant to subclause (iii) or (iv) of clause
   47  (a) of this subparagraph also fulfills the requirement of subclause  (v)
   48  of  clause  (a) of this subparagraph of a member who is a representative
   49  of the school district. The regular education  teacher  of  the  student
   50  shall  participate  in the development, review and revision of the indi-
   51  vidualized education program for the student,  to  the  extent  required
   52  under  federal  law.  [The school physician need not be in attendance at
   53  any meeting of the committee on special  education  unless  specifically
   54  requested  in  writing, at least seventy-two hours prior to such meeting
   55  by the parents or other person in parental relation to  the  student  in
   56  question,  the  student,  or a member of the committee on special educa-
       S. 4216                            14
    1  tion. The parents or persons in parental  relation  of  the  student  in
    2  question  shall receive proper written notice of their right to have the
    3  school physician attend the meetings of the committee on special  educa-
    4  tion upon referral of said student to the committee on special education
    5  or whenever such committee plans to modify or change the identification,
    6  evaluation  or  educational  placement  of  the student.] The additional
    7  parent need not be in attendance at any  meeting  of  the  committee  on
    8  special  education  unless  specifically  requested in writing, at least
    9  seventy-two hours prior to such meeting by the parents or  other  person
   10  in  parental  relation  to  the  student  in question, the student, or a
   11  member of the committee on special education. The parents or persons  in
   12  parental  relation of the student in question shall receive proper writ-
   13  ten notice of their right to have an additional parent attend any  meet-
   14  ing  of  the  committee  regarding  the  student along with a statement,
   15  prepared by the department, explaining the role of having the additional
   16  parent attend the meeting. The committee shall  invite  the  appropriate
   17  professionals  most familiar with a student's disability or disabilities
   18  to attend any  meeting  concerning  the  educational  program  for  such
   19  student.  Except as otherwise provided in this clause or clause (b-1) or
   20  (b-2) of this subparagraph, all members of such committee  shall  attend
   21  meetings of the committee on special education.
   22    Members  of  such  committee shall serve at the pleasure of such board
   23  and members who are neither employees of nor under  contract  with  such
   24  district shall serve without compensation except that such members shall
   25  be  entitled  to a per diem to defray expenses incurred in such service,
   26  provided, however, that any expense incurred shall be deemed an  aidable
   27  operating expense for purposes of state aid.
   28    (c) Districts not having available personnel may share the services of
   29  a  local  committee on special education with another school district or
   30  contract with a board  of  cooperative  educational  services  for  such
   31  personnel  pursuant  to  regulations  of  the  commissioner. [A district
   32  having a subcommittee on special education may share the services  of  a
   33  local  committee  on  special  education  with  another school district,
   34  provided that a representative of such school district who is  qualified
   35  to  provide  or  administer  or supervise special education and is know-
   36  ledgeable about the general curriculum and the availability of resources
   37  of the school district shall be a  member  of  such  committee  when  it
   38  convenes on behalf of a student who is a resident of such district.]
   39    S  29. Clause (b) of subparagraph 1 of paragraph b of subdivision 1 of
   40  section 4402 of the education law, as amended by section  2  of  chapter
   41  276 of the laws of 2012, is amended to read as follows:
   42    (b)  In  determining  the  composition  of  such committee pursuant to
   43  clause (a) of this subparagraph, a school district may determine that  a
   44  member  appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
   45  [(ix)] (VIII) of clause (a)  of  this  subparagraph  also  fulfills  the
   46  requirement  of  subclause  (vi) of clause (a) of this subparagraph of a
   47  member who is an individual who can interpret the  instructional  impli-
   48  cations  of  evaluation results where such individuals are determined by
   49  the school district to have the knowledge and expertise to do so  and/or
   50  that  a  member  appointed pursuant to subclause (iii) or (iv) of clause
   51  (a) of this subparagraph also fulfills the requirement of subclause  (v)
   52  of  clause  (a) of this subparagraph of a member who is a representative
   53  of the school district. The regular education  teacher  of  the  student
   54  shall  participate  in the development, review and revision of the indi-
   55  vidualized education program for the student,  to  the  extent  required
   56  under  federal  law.  [The school physician need not be in attendance at
       S. 4216                            15
    1  any meeting of the committee on special  education  unless  specifically
    2  requested  in  writing, at least seventy-two hours prior to such meeting
    3  by the parents or other person in parental relationship to  the  student
    4  in question, the student, or a member of the committee on special educa-
    5  tion.  The parents or persons in parental relationship of the student in
    6  question shall receive proper written notice of their right to have  the
    7  school  physician attend the meetings of the committee on special educa-
    8  tion upon referral of said student to the committee on special education
    9  or whenever such committee plans to modify or change the identification,
   10  evaluation or educational placement  of  the  student.]  The  additional
   11  parent  need  not  be  in  attendance at any meeting of the committee on
   12  special education unless specifically requested  in  writing,  at  least
   13  seventy-two  hours  prior to such meeting by the parents or other person
   14  in parental relation to the student  in  question,  the  student,  or  a
   15  member  of the committee on special education. The parents or persons in
   16  parental relation of the student in question shall receive proper  writ-
   17  ten  notice of their right to have an additional parent attend any meet-
   18  ing of the committee regarding  the  student  along  with  a  statement,
   19  prepared by the department, explaining the role of having the additional
   20  parent  attend  the  meeting. The committee shall invite the appropriate
   21  professionals most familiar with a student's disability or  disabilities
   22  to  attend  any  meeting  concerning  the  educational  program for such
   23  student. Members of such committee shall serve at the pleasure  of  such
   24  board  and  members who are neither employees of nor under contract with
   25  such district shall serve without compensation except that such  members
   26  shall  be  entitled  to  a  per diem to defray expenses incurred in such
   27  service, provided, however, that any expense incurred shall be deemed an
   28  aidable operating expense for purposes of state aid.
   29    S 30. Clause (d) of subparagraph 1 of paragraph b of subdivision 1  of
   30  section 4402 of the education law is REPEALED.
   31    S  31.  Clause (d-2) of subparagraph 3 of paragraph b of subdivision 1
   32  of section 4402 of the education law is REPEALED.
   33    S 32. Subparagraphs 5 and 7 of paragraph b of subdivision 1 of section
   34  4402 of the education law, subparagraph 5 as amended by chapter  256  of
   35  the  laws  of  1988  and subparagraph 7 as amended by chapter 194 of the
   36  laws of 1991, are amended to read as follows:
   37    (5) The committee on special education or, in  the  case  of  a  state
   38  operated  school,  the  multidisciplinary  team  shall  [provide written
   39  notice that a child who is placed in those residential  programs  speci-
   40  fied  in  paragraphs  d, g, h and l of subdivision two of section forty-
   41  four hundred one of this article is not entitled to receive tuition free
   42  educational services after the age of twenty-one, the receipt of a  high
   43  school  diploma  or  the  time  described  in  subdivision  five of this
   44  section. Such written notice shall be provided to the child and  to  the
   45  parents  or legal guardian of such child when such child attains the age
   46  of eighteen or, if such child is over the age of eighteen when placed in
   47  such a residential program, at the time of  placement.  Upon  the  first
   48  annual  review after the age of fifteen of a child who is receiving non-
   49  residential special services or programs as specified in paragraph a, b,
   50  c, d, e, f, i, j, l or  m  of  subdivision  two  of  section  forty-four
   51  hundred  one  of  this  article,  or  is  receiving  special services or
   52  programs in a day program at the human resources  school;  is  receiving
   53  such  special  services or programs one hundred per centum of the school
   54  day; is receiving individualized attention or  intervention  because  of
   55  intensive  management  needs or a severe handicap; and, as determined by
   56  the committee on special education or multidisciplinary team pursuant to
       S. 4216                            16
    1  regulations promulgated by the commissioner,  may  need  adult  services
    2  from  the  office  of  mental  health,  office of mental retardation and
    3  developmental disabilities, the state department of social  services,  a
    4  social services district, or the state education department, the commit-
    5  tee  or  multidisciplinary  team shall provide to such child's parent or
    6  guardian, and if such child is eighteen years of age or  older,  to  the
    7  child, written notice that such child is not entitled to receive tuition
    8  free  educational  services  after the receipt of a high school diploma,
    9  the age of twenty-one or the time described in subdivision five of  this
   10  section.]  NOT  LATER  THAN  THE  ANNUAL  REVIEW PRIOR TO THE EIGHTEENTH
   11  BIRTHDAY OF A STUDENT WITH A DISABILITY WHO IS PLACED IN  A  RESIDENTIAL
   12  PROGRAM  BY THE COMMITTEE OR MULTIDISCIPLINARY TEAM, OR A STUDENT WITH A
   13  DISABILITY WHO IS PLACED IN A DAY PROGRAM BUT THE COMMITTEE OR MULTIDIS-
   14  CIPLINARY TEAM HAS DETERMINED THAT THE  STUDENT  IS  LIKELY  TO  REQUIRE
   15  ADULT  RESIDENTIAL SERVICES, WITH THE CONSENT OF THE PARENTS, NOTIFY AND
   16  INVITE A REPRESENTATIVE OF THE  OFFICE  OF  MENTAL  HEALTH,  OFFICE  FOR
   17  PEOPLE  WITH  DEVELOPMENTAL DISABILITIES, OR THE STATE EDUCATION DEPART-
   18  MENT, AS APPROPRIATE, TO PARTICIPATE IN THE COMMITTEE ON SPECIAL  EDUCA-
   19  TION  MEETING FOR THE DEVELOPMENT OF A RECOMMENDATION FOR ADULT SERVICES
   20  PURSUANT TO SECTION 7.37 OR 13.37 OF THE  MENTAL  HYGIENE  LAW,  SECTION
   21  THREE  HUNDRED  NINETY-EIGHT-C  OF  THE  SOCIAL  SERVICES LAW OR SECTION
   22  FORTY-FOUR HUNDRED THREE OF THIS ARTICLE. THE COMMITTEE  OR  MULTIDISCI-
   23  PLINARY  TEAM SHALL GIVE THE PARENT OR GUARDIAN OF THE CHILD, THE OPPOR-
   24  TUNITY TO CONSENT IN WRITING TO THE RELEASE OF RELEVANT  INFORMATION  TO
   25  SUCH  OTHER  PUBLIC  AGENCY  OR AGENCIES, UPON REQUEST OF SUCH AGENCY OR
   26  AGENCIES, FOR  PURPOSES  OF  DETERMINING  APPROPRIATENESS  OF  AN  ADULT
   27  PROGRAM FOR SUCH STUDENT.
   28    (a) [Written notice given pursuant to this subparagraph shall describe
   29  in  detail the opportunity to consent to have the child's name and other
   30  relevant information forwarded in a report to the commissioner of mental
   31  health, commissioner of mental retardation and  developmental  disabili-
   32  ties,  commissioner of social services, or commissioner of education, or
   33  their designees, for the purpose of determining whether such child  will
   34  likely  need  adult  services  and,  if  so, recommending possible adult
   35  services.] For the purposes of this subparagraph "relevant  information"
   36  shall  be  defined  as that information in the possession of and used by
   37  the committee or the multidisciplinary team to ascertain  the  physical,
   38  mental,  emotional  and cultural-educational factors which contribute to
   39  the [child's handicapping condition] STUDENT'S DISABILITY, including but
   40  not limited to: (i) results of physical and  psychological  examinations
   41  performed  by  private and school district physicians and psychologists;
   42  (ii) relevant information presented by the parent, guardian and teacher;
   43  (iii) school data which bear on the [child's] STUDENT'S progress includ-
   44  ing  the  [child's]  STUDENT'S  most  recent  individualized   education
   45  program;  (iv)  results  of the most recent examinations and evaluations
   46  performed pursuant to clause (d) of subparagraph  three  of  this  para-
   47  graph;  and  (v)  results of other suitable evaluations and examinations
   48  possessed by the committee or multidisciplinary team.  Nothing  in  this
   49  subparagraph  shall be construed to require any committee or multidisci-
   50  plinary team to perform any  examination  or  evaluation  not  otherwise
   51  required by law.
   52    (b)  Upon  consent  obtained pursuant to [clause (c) of] this subpara-
   53  graph,  the  committee  or  multidisciplinary  team  shall  forward  the
   54  [child's]  STUDENT'S  name and other relevant information in a report to
   55  the [commissioner of mental health, commissioner of  mental  retardation
   56  and  developmental  disabilities,  commissioner  of  social services, or
       S. 4216                            17
    1  commissioner of education, or their designees, for the development of  a
    2  recommendation  for  adult services pursuant to section 7.37 or 13.37 of
    3  the mental hygiene law, section  three  hundred  ninety-eight-c  of  the
    4  social  services  law  or  subdivision ten of section forty-four hundred
    5  three of this article. The] APPROPRIATE PUBLIC AGENCY AS  DETERMINED  BY
    6  THE  committee  or multidisciplinary team [shall determine which commis-
    7  sioner shall receive the report by considering], BASED UPON the [child's
    8  handicapping  condition]  STUDENT'S  DISABILITY  and  physical,  mental,
    9  emotional  and social needs.  The committee shall forward additional and
   10  updated relevant information to  the  [commissioner  of  mental  health,
   11  commissioner  of  mental  retardation  and  developmental  disabilities,
   12  commmissioner of social services, or commissioner of education, or their
   13  designees,] APPROPRIATE PUBLIC AGENCY upon the request for such informa-
   14  tion by such [commissioner or designee] AGENCY, WITH THE CONSENT OF  THE
   15  PARENTS, OR THE STUDENT, IF SUCH STUDENT IS EIGHTEEN YEARS OR OLDER.
   16    (c) [Upon receipt of the notice by the child pursuant to this subpara-
   17  graph,  the child, if eighteen years of age or older, shall be given the
   18  opportunity to consent or withhold consent to the release of  the  rele-
   19  vant  information. Such opportunity shall be given within twenty days of
   20  the receipt of the notice. An appropriate member of  the  staff  of  the
   21  educational  facility  shall be available to assist the child, if neces-
   22  sary, to understand the contents of the notice and the need for  his  or
   23  her  consent  for  the  release  of  the  relevant  information. A form,
   24  prescribed by the commissioner, shall be  presented  to  the  child  for
   25  response, which shall clearly set forth the options of giving consent or
   26  withholding  consent.  In  the  event  that  the child exercises neither
   27  option, and the designated member of the staff of the educational facil-
   28  ity has reason to believe that the child may not be able  to  understand
   29  the  purpose  of  the  form, or in the event that the child is less than
   30  eighteen years of age, the committee on special education or the  multi-
   31  disciplinary  team  shall  give  the parent or guardian of the child the
   32  opportunity to consent in writing to the release of the relevant  infor-
   33  mation.  Nothing in this clause shall be construed to be a determination
   34  of the child's mental capacity.
   35    (d)] When the committee or multidisciplinary team is notified  by  the
   36  [commissioner  who]  PUBLIC  AGENCY  WHICH received the report that such
   37  state agency is not responsible for determining and  recommending  adult
   38  services  for  the  child, the committee or multidisciplinary team shall
   39  forward the report to another [commissioner] PUBLIC AGENCY; or,  if  the
   40  committee  or  multidisciplinary  team  determines  that  there exists a
   41  dispute as to which state agency has the responsibility for  determining
   42  and recommending adult services, the committee or multidisciplinary team
   43  may  forward  the  report  to the council on children and families for a
   44  resolution of such dispute.
   45    [(e) The committee and multidisciplinary team shall prepare and submit
   46  an annual report to the state education department on or before  October
   47  first of each year. Such annual report shall contain the number of cases
   48  submitted  to  each  commissioner  pursuant to clause (b) or (d) of this
   49  subparagraph, the  type  and  severity  of  the  handicapping  condition
   50  involved  with each such case, the number of notices received which deny
   51  responsibility for determining  and  recommending  adult  services,  and
   52  other  information  necessary for the state education department and the
   53  council on children and families to monitor the need for adult services.
   54  Such annual report shall not contain individually  identifying  informa-
   55  tion. The state education department shall forward a copy of such annual
   56  report to the council on children and families. All information received
       S. 4216                            18
    1  by  the  council  on children and families pursuant to this subparagraph
    2  shall be subject to the confidentiality requirements of the department.
    3    (f)  For  purposes  of  this subparagraph, the term "multidisciplinary
    4  team" refers to the unit which  operates  in  lieu  of  a  committee  on
    5  special education with respect to children in state operated schools.
    6    (7)]  (6)  The  committee on special education shall provide a copy of
    7  the handbook for parents  of  children  with  [handicapping  conditions]
    8  DISABILITIES  established  under subdivision eight of section four thou-
    9  sand four hundred three of this article or  a  locally  approved  [hand-
   10  icapped]  booklet  FOR  PARENTS  OF  CHILDREN  WITH  DISABILITIES to the
   11  parents or person in parental relationship to a child as soon as practi-
   12  cable after such child has been referred for evaluation to the committee
   13  on special education.
   14    S 33. Paragraph d of subdivision 4 of section 4402  of  the  education
   15  law,  as  amended by chapter 646 of the laws of 1992, is amended to read
   16  as follows:
   17    d. Notwithstanding any  other  provision  of  law,  such  board  shall
   18  provide  suitable  transportation up to a distance of fifty miles to and
   19  from a nonpublic school which a [child]  STUDENT  with  a  [handicapping
   20  condition]  DISABILITY attends if such [child] STUDENT has been so iden-
   21  tified by the local committee on  special  education  and  such  [child]
   22  STUDENT  attends  such  school  for the purpose of receiving services or
   23  programs FROM SUCH NONPUBLIC SCHOOL THAT ARE similar to special  [educa-
   24  tional  programs]  EDUCATION  PROGRAMS AND SERVICES recommended for such
   25  [child] STUDENT by the local committee on special education.    NOTWITH-
   26  STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A NONPUBLIC STUDENT
   27  RECEIVING  TRANSPORTATION  PURSUANT TO THIS PARAGRAPH SHALL NOT BE ENTI-
   28  TLED TO SPECIAL EDUCATION PROGRAMS AND SERVICES FROM THE SCHOOL DISTRICT
   29  OF LOCATION PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-C OF  THIS  CHAP-
   30  TER.  AS  A CONDITION OF ELIGIBILITY FOR SUCH TRANSPORTATION, THE PARENT
   31  OR PERSON IN PARENTAL RELATION TO  THE  STUDENT  SHALL  CONSENT  TO  THE
   32  PROVISION  OF  NOTICE  BY THE SCHOOL DISTRICT OF RESIDENCE TO THE CHAIR-
   33  PERSON OF THE COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL  DISTRICT  IN
   34  WHICH THE NONPUBLIC SCHOOL IS LOCATED IDENTIFYING SUCH STUDENT, BY NAME,
   35  ADDRESS  AND SCHOOL OF ATTENDANCE, AS A STUDENT RECEIVING TRANSPORTATION
   36  PURSUANT TO THIS PARAGRAPH.  THE  SCHOOL  DISTRICT  OF  RESIDENCE  SHALL
   37  PROVIDE  SUCH  NOTICE  NO  LATER  THAN THIRTY DAYS AFTER COMMENCING SUCH
   38  TRANSPORTATION.
   39    S 34. Paragraph a of subdivision 1 of section 4404  of  the  education
   40  law,  as  amended by chapter 430 of the laws of 2006, is amended to read
   41  as follows:
   42    a. If the parent or person in parental  relation  of  a  student,  the
   43  board  of  education  or trustees of a school district or a state agency
   44  responsible  for  providing  education  to  students  with  disabilities
   45  presents  a  complaint  with respect to any matter relating to the iden-
   46  tification, evaluation or educational placement of the  student  or  the
   47  provision  of  a  free  appropriate public education to the student or a
   48  manifestation determination or other matter relating to  placement  upon
   49  discipline  of a student with a disability that may be the subject of an
   50  impartial hearing pursuant to subsection (k) of section fourteen hundred
   51  fifteen of title twenty of the United States code and  the  implementing
   52  federal  regulations,  and  the  party presenting the complaint or their
   53  attorney provides a due process  complaint  notice  in  accordance  with
   54  federal  law  and  regulations  and such complaint sets forth an alleged
   55  violation that occurred not more than [two years] ONE  YEAR  before  the
   56  date  the  parent  or  public agency knew or should have known about the
       S. 4216                            19
    1  alleged action that forms the basis for the complaint, OR IN THE CASE OF
    2  A COMPLAINT SEEKING TUITION REIMBURSEMENT FOR  THE  UNILATERAL  PARENTAL
    3  PLACEMENT  OF  A  STUDENT  IN  A  PRIVATE  SCHOOL, SUCH TUITION CLAIM IS
    4  PRESENTED  NOT  MORE  THAN ONE HUNDRED EIGHTY DAYS FROM THE PLACEMENT BY
    5  THE PARENT OR  PERSON  IN  PARENTAL  RELATION  IN  THE  PRIVATE  SCHOOL,
    6  PROVIDED THAT THE STUDENT SHALL BE DEEMED PLACED FOR SUCH PURPOSE ON THE
    7  FIRST  DAY  THE  STUDENT IS ENROLLED IN AND IS LIABLE FOR TUITION IN THE
    8  PRIVATE SCHOOL, the board or agency shall appoint an  impartial  hearing
    9  officer  to review the due process complaint notice when challenged and,
   10  if the matter is not resolved in a  resolution  session  that  has  been
   11  convened  as  required  by federal law, to preside over an impartial due
   12  process hearing and make a determination within such period of  time  as
   13  the  commissioner by regulation shall determine, provided that the board
   14  of education or trustees shall offer the parent or  person  in  parental
   15  relation  the option of mediation pursuant to section forty-four hundred
   16  four-a of this article as an alternative to an impartial hearing.  Where
   17  the parent or person in parental relation or a school district or public
   18  agency  presents  a  complaint,  the  school  district  or public agency
   19  responsible for appointing the impartial hearing officer  shall  provide
   20  the  parent  or person in parental relation with a procedural safeguards
   21  notice as required  pursuant  to  subsection  (d)  of  section  fourteen
   22  hundred fifteen of title twenty of the United States code and the imple-
   23  menting  federal  regulations.  Notwithstanding  any  provision  of this
   24  subdivision to  the  contrary,  the  time  limitation  on  presenting  a
   25  complaint  shall not apply to a parent or person in parental relation to
   26  the student if the parent or person in parental relation  was  prevented
   27  from requesting the impartial hearing due to specific misrepresentations
   28  by  the  school district or other public agency that it had resolved the
   29  problem forming the  basis  of  the  complaint  or  due  to  the  school
   30  district's  or other public agency's withholding of information from the
   31  parent or person in parental relation that was  required  under  federal
   32  law  to  be provided.  Nothing in this subdivision shall be construed to
   33  authorize the board of education or trustees to bring an impartial hear-
   34  ing to override the refusal of a parent or person in  parental  relation
   35  to consent where a local educational agency is prohibited by federal law
   36  from initiating such a hearing.
   37    S  35.  Paragraph  b of subdivision 4 of section 4410 of the education
   38  law, as added by chapter 243 of the laws of 1989, is amended to read  as
   39  follows:
   40    b. Each board shall, within time limits established by the commission-
   41  er,  be  responsible  for  providing  the  parent  of  a preschool child
   42  suspected of having a [handicapping condition] DISABILITY with a list of
   43  approved evaluators in the geographic area. The [parent may  select  the
   44  evaluator  from  such  list]  SCHOOL DISTRICT SHALL, AFTER PROVIDING THE
   45  PARENT WITH A LIST OF APPROVED PRESCHOOL EVALUATORS AND OBTAINING PARENT
   46  CONSENT TO EVALUATE, ARRANGE FOR AN EVALUATION BY THE  SERVICE  PROVIDER
   47  SELECTED  BY  THE DISTRICT WHO CAN PROVIDE THE EVALUATION OF THE STUDENT
   48  WITHIN THE TIMELINE REQUIRED BY THE DEPARTMENT. IN SELECTING THE  EVALU-
   49  ATOR,  THE DISTRICT SHALL CONSIDER THE PARENT'S EXPRESSED PREFERENCE, IF
   50  ANY, FOR THE EVALUATOR.  Each board shall provide for  dissemination  of
   51  the list and other information to parents at appropriate sites including
   52  but  not  limited to pre-kindergarten, day care, head start programs and
   53  early childhood  direction  centers,  pursuant  to  regulations  of  the
   54  commissioner.
   55    S 36. Paragraphs (a) and (c) of subdivision 9-a of section 4410 of the
   56  education  law,  paragraph  (a) as amended by chapter 581 of the laws of
       S. 4216                            20
    1  2011 and paragraph (c) as added by chapter 82 of the laws of  1995,  are
    2  amended to read as follows:
    3    (a)  A  [school  district or a] group of appropriately licensed and/or
    4  certified professionals associated with a public or private  agency  may
    5  apply  to  the  commissioner  for  approval  as  an  evaluator on a form
    6  prescribed by the commissioner. The commissioner  shall  approve  evalu-
    7  ators  pursuant to this subdivision consistent with the approval process
    8  for the multi-disciplinary evaluation  component  of  programs  approved
    9  pursuant to subdivision nine of this section consistent with regulations
   10  adopted  pursuant  to such subdivision.  ALL SCHOOL DISTRICTS ARE DEEMED
   11  APPROVED EVALUATORS OF PRESCHOOL STUDENTS SUSPECTED OF HAVING A DISABIL-
   12  ITY WITHOUT THE NEED TO SUBMIT AN APPLICATION TO THE COMMISSIONER.
   13    Such application shall include, but not be limited to,  a  description
   14  of  the  multi-disciplinary  evaluation services proposed to be provided
   15  and a demonstration that all agency employees and staff who provide such
   16  evaluation services shall  have  appropriate  licensure  and/or  certif-
   17  ication  and  that  the  individual  who  shall  have direct supervision
   18  responsibilities over such staff shall  have  an  appropriate  level  of
   19  experience  in  providing evaluation or services to preschool or kinder-
   20  garten-aged children with disabilities. To be eligible for  approval  as
   21  an  evaluator  under this subdivision on and after July first, two thou-
   22  sand eleven, a group of  appropriately  licensed  or  certified  profes-
   23  sionals  shall  be formed as a limited liability company or professional
   24  services corporation established pursuant  to  article  fifteen  of  the
   25  business  corporation  law,  article  twelve  or thirteen of the limited
   26  liability company law or article eight-B of  the  partnership  law.  The
   27  approval  of  any groups of licensed or certified professionals that are
   28  in existence on July first, two thousand eleven and would not be  eligi-
   29  ble  for approval thereafter shall terminate on July first, two thousand
   30  thirteen.
   31    (c) The commissioner  shall  establish  a  billing  and  reimbursement
   32  system for services provided by SCHOOL DISTRICTS AND evaluators approved
   33  pursuant  to  the provisions of this subdivision consistent with billing
   34  and  reimbursement  for  evaluation  services  provided  by   evaluators
   35  approved pursuant to the provisions of subdivision nine of this section.
   36    S  37. Paragraph c of subdivision 1 of section 4410-b of the education
   37  law, as added by chapter 6 of the laws of 2000, is amended  to  read  as
   38  follows:
   39    c.  "IEP team" means a committee on special education[, a subcommittee
   40  on special education,] OR a committee on preschool special education [or
   41  a subcommittee on preschool special education].
   42    S 38. This act shall take effect July 1, 2015, provided that  if  this
   43  act shall become a law after such date, it shall take effect immediately
   44  and  shall  be deemed to have been in full force and effect on and after
   45  July 1, 2015 and provided further, nothing in section six  of  this  act
   46  shall be construed to require the retrofitting of school buses purchased
   47  prior to the effective date of this act, and provided further that:
   48    (a) the amendments to subparagraph 2 of paragraph (b) of subdivision 4
   49  of  section 2590-b of the education law made by section nine of this act
   50  shall not affect the repeal of such subdivision  or  the  expiration  of
   51  such section and shall be deemed to repeal or expire therewith;
   52    (b)  the  amendments to paragraph (a) of subdivision 4 of section 2853
   53  of the education law made by section ten of this act shall be subject to
   54  the expiration and reversion of such paragraph pursuant to  chapter  378
   55  of  the  laws of 2007, as amended, when upon such date the provisions of
   56  section eleven of this act shall take effect;
       S. 4216                            21
    1    (c) the amendments to subdivision 2 of section 3602-c of the education
    2  law made by section twelve of this act shall not affect  the  expiration
    3  of such subdivision and shall be deemed to expire therewith;
    4    (d)  the  amendments to subparagraph 2 of paragraph b of subdivision 1
    5  of section 4402 of the education law made by section twenty-one of  this
    6  act  shall  be  subject to the expiration and reversion of such subpara-
    7  graph pursuant to chapter 352 of the laws of 2005, as amended, when upon
    8  such date the provisions of section twenty-two of this  act  shall  take
    9  effect;
   10    (e)  the  amendments to clause (b) of subparagraph 1 of paragraph b of
   11  subdivision 1 of section 4402 of the education law made by section twen-
   12  ty-eight of this act shall be subject to the expiration and reversion of
   13  such clause pursuant to chapter 378 of the laws  of  2007,  as  amended,
   14  when  upon  such  date the provisions of section twenty-nine of this act
   15  shall take effect;
   16    (f) the amendments to paragraph a of subdivision 1 of section 4404  of
   17  the  education  law  made  by  section thirty-four of this act shall not
   18  affect the expiration of such subdivision and shall be deemed to  expire
   19  therewith; and
   20    (g)  the  amendments  to  paragraphs (a) and (c) of subdivision 9-a of
   21  section 4410 of the education law made by section thirty-six of this act
   22  shall not affect the repeal of such  subdivision  and  shall  be  deemed
   23  repealed therewith.