Bill Text: NY S01694 | 2017-2018 | General Assembly | Amended

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Bill Title: Establishes that all school districts are approved evaluators of preschool students suspected of having a disability.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-11-29 - SIGNED CHAP.429 [S01694 Detail]

Download: New_York-2017-S01694-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1694--A
            Cal. No. 365
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 10, 2017
                                       ___________
        Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Education -- reported
          favorably from said committee, ordered to  first  and  second  report,
          ordered  to  a third reading, amended and ordered reprinted, retaining
          its place in the order of third reading
        AN ACT to amend the education law, in relation to establishing that  all
          school   districts  are  approved  evaluators  of  preschool  students
          suspected of having a disability
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraphs (a) and (c) of subdivision 9-a of section 4410
     2  of the education law, paragraph (a) as amended by  chapter  581  of  the
     3  laws  of  2011  and  paragraph (c) as added by chapter 82 of the laws of
     4  1995, are amended to read as follows:
     5    (a) A [school district or a] group of  appropriately  licensed  and/or
     6  certified  professionals  associated with a public or private agency may
     7  apply to the commissioner  for  approval  as  an  evaluator  on  a  form
     8  prescribed  by  the  commissioner. The commissioner shall approve evalu-
     9  ators pursuant to this subdivision consistent with the approval  process
    10  for  the  multi-disciplinary  evaluation  component of programs approved
    11  pursuant to subdivision nine of this section consistent with regulations
    12  adopted pursuant to such subdivision. All school  districts  are  deemed
    13  approved evaluators of preschool students suspected of having a disabil-
    14  ity  without  the  need  to submit an application to the commissioner if
    15  staff who provide such evaluation services shall have appropriate licen-
    16  sure and/or certification.
    17    Such application shall include, but not be limited to,  a  description
    18  of  the  multi-disciplinary  evaluation services proposed to be provided
    19  and a demonstration that all agency employees and staff who provide such
    20  evaluation services shall  have  appropriate  licensure  and/or  certif-
    21  ication  and  that  the  individual  who  shall  have direct supervision
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01266-02-7
        S. 1694--A                          2
     1  responsibilities over such staff shall  have  an  appropriate  level  of
     2  experience  in  providing evaluation or services to preschool or kinder-
     3  garten-aged children with disabilities. To be eligible for  approval  as
     4  an  evaluator  under this subdivision on and after July first, two thou-
     5  sand eleven, a group of  appropriately  licensed  or  certified  profes-
     6  sionals  shall  be formed as a limited liability company or professional
     7  services corporation established pursuant  to  article  fifteen  of  the
     8  business  corporation  law,  article  twelve  or thirteen of the limited
     9  liability company law or article eight-B of  the  partnership  law.  The
    10  approval  of  any groups of licensed or certified professionals that are
    11  in existence on July first, two thousand eleven and would not be  eligi-
    12  ble  for approval thereafter shall terminate on July first, two thousand
    13  thirteen.
    14    (c) The commissioner  shall  establish  a  billing  and  reimbursement
    15  system for services provided by school districts and evaluators approved
    16  pursuant  to  the provisions of this subdivision consistent with billing
    17  and  reimbursement  for  evaluation  services  provided  by   evaluators
    18  approved pursuant to the provisions of subdivision nine of this section.
    19    §  2.  This act shall take effect immediately; provided, however, that
    20  the amendments to subdivision 9-a of section 4410 of the  education  law
    21  made  by  section  one  of  this act shall not affect the repeal of such
    22  subdivision and shall be deemed repealed therewith.