Bill Text: NY S05247 | 2017-2018 | General Assembly | Amended
Bill Title: Establishes Earth Day; relates to mandate relief for school districts and certain other educational entities; relates to the provision of special education programs and services to students parentally placed in non-public schools through dual enrollment in the public schools; eliminates the requirement that the commissioner of education make appointments to state-supported schools; relates to the committee on special education membership requirements; relates to transportation of students with disabilities parentally placed in a private school; relates to the statute of limitations for special education due process hearings; relates to the selection of a preschool evaluator; authorizes capital outlays for a school construction project less than $250,000; relates to state aid adjustments for prior years; relates to payment schedules for multi-year recoveries for state aid and provides extensions for late filings of transportation contracts in extenuating circumstances; gives school districts or boards of cooperative educational services the option of advertising procurement bids in the state's opportunities newsletter; relates to the state smart growth public infrastructure criteria; relates to school omnibus signs complying with federal motor vehicle safety standards; authorizes 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; repeals provisions relating to the duties of the director of the division of veterans' affairs; and repeals provisions relating to reports on certain children of Vietnam veterans.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-03-09 - PRINT NUMBER 5247A [S05247 Detail]
Download: New_York-2017-S05247-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5247--A 2017-2018 Regular Sessions IN SENATE March 16, 2017 ___________ Introduced by Sen. MARCELLINO -- (at request of the State Education Department) -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recommitted to the Commit- tee on Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to establishing Earth day; in relation to mandate relief for school districts and certain other educational entities; in relation to the provision of special education programs and services to students parentally placed in non- public schools through dual enrollment in the public schools; in relation to eliminating the requirement that the commissioner of education make appointments to state-supported schools; in relation to the committee on special education membership requirements; in relation to transportation of students with disabilities parentally placed in a private school; in relation to the statute of limitations for special education due process hearings; in relation to the selection of a preschool evaluator; in relation to giving school districts or boards of cooperative educational services the option of advertising procurement bids in the state's opportunities newsletter; in relation to authorize capital outlays for a school construction project less than $250,000; in relation to state aid adjustments for prior years; and in relation to payment schedules for multi-year recoveries for state aid and providing extensions for late filings of transportation contracts in extenuating circumstances; 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; and to repeal clause EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09871-04-8S. 5247--A 2 (h) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law relating to reports on certain children of Viet- nam veterans 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 § 810. [Conservation] Earth day. [1. The last Friday in April each5year is hereby made and declared to be known as Conservation day, and6observed in accordance with the provisions of this chapter, except that7for the year nineteen hundred seventy-eight, Conservation day shall be8May third.92. It shall be the duty of the authorities of every public school in10this state to assemble the pupils in their charge on that day in the11school building, or elsewhere, as they may deem proper, and to provide12for and conduct (1) such exercises as shall tend to encourage the plant-13ing, protection and preservation of trees and shrubs, and an acquaint-14ance with the best methods to be adopted to accomplish such results, and15(2) such lectures, pictures or tours, as shall tend to increase the16interest and knowledge of such pupils in the fish and wild life, soil17and water of the state.183. The commissioner of education may prescribe from time to time a19course of exercises and instruction in the subjects hereinbefore20mentioned, which shall be adopted and observed by the public school21authorities on Conservation day. Upon receipt of copies of such course22sufficient in number to supply all the schools under their supervision,23the school authorities aforesaid shall promptly provide each of the24schools 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 § 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 or her opinion, the 38 best interests of the district will be promoted thereby. Except as 39 provided in paragraph e of this subdivision, all such contracts involv- 40 ing an 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 or her opinion, the best interests of the district will be 46 promoted thereby and, upon such rejection of all bids, the commissioner 47 shall order the board of education or trustee of the district to seek, 48 obtain and consider new proposals. All proposals for such transporta-S. 5247--A 3 1 tion, maintenance, mobile instructional units, or cafeteria and restau- 2 rant service shall be in such form as the commissioner may prescribe. 3 Advertisement for bids shall be published in a newspaper or newspapers 4 designated by the board of education or trustee of the district having 5 general circulation within the district for such purpose or in the 6 state's procurement opportunities newsletter in accordance with article 7 four-C of the economic development law. Such advertisement shall contain 8 a statement of the time when and place where all bids received pursuant 9 to such advertisement will be publicly opened and read either by the 10 school authorities or by a person or persons designated by them. All 11 bids received shall be publicly opened and read at the time and place so 12 specified. At least five days shall elapse between the first publication 13 of such advertisement and the date so specified for the opening and 14 reading of bids. The requirement for competitive bidding shall not apply 15 to an award of a contract for the transportation of pupils or a contract 16 for mobile instructional units or the provision, maintenance and opera- 17 tion of cafeteria or restaurant service, if such award is based on an 18 evaluation of proposals in response to a request for proposals pursuant 19 to paragraph e of this subdivision. The requirement for competitive 20 bidding shall not apply to annual, biennial, or triennial extensions of 21 a contract nor shall the requirement for competitive bidding apply to 22 quadrennial or quinquennial year extensions of a contract involving 23 transportation of pupils, maintenance of school buses or mobile instruc- 24 tional units secured either through competitive bidding or through eval- 25 uation of proposals in response to a request for proposals pursuant to 26 paragraph e of this subdivision, when such extensions (1) are made by 27 the board of education or the trustee of a district, under rules and 28 regulations prescribed by the commissioner, and, (2) do not extend the 29 original contract period beyond five years from the date cafeteria and 30 restaurant service commenced thereunder and in the case of contracts for 31 the transportation of pupils, for the maintenance of school buses or for 32 mobile instructional units, that such contracts may be extended, except 33 that power is hereby vested in the commissioner, in addition to his or 34 her existing statutory authority to approve or disapprove transportation 35 or maintenance contracts, (i) to reject any extension of a contract 36 beyond the initial term thereof if he or she finds that amount to be 37 paid by the district to the contractor in any year of such proposed 38 extension fails to reflect any decrease in the regional consumer price 39 index for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index 40 for all urban consumers (CPI-U) during the preceding twelve month peri- 41 od; and (ii) to reject any extension of a contract after ten years from 42 the date transportation or maintenance service commenced thereunder, or 43 mobile instructional units were first provided, if in his or her opin- 44 ion, the best interests of the district will be promoted thereby. Upon 45 such rejection of any proposed extension, the commissioner may order the 46 board of education or trustee of the district to seek, obtain and 47 consider bids pursuant to the provisions of this section. The board of 48 education or the trustee of a school district electing to extend a 49 contract as provided herein, may, in its discretion, increase the amount 50 to be paid in each year of the contract extension by an amount not to 51 exceed the regional consumer price index increase for the N.Y., 52 N.Y.-Northeastern, N.J. area, based upon the index for all urban consum- 53 ers (CPI-U), during the preceding twelve month period, provided it has 54 been satisfactorily established by the contractor that there has been at 55 least an equivalent increase in the amount of his or her cost of opera- 56 tion, during the period of the contract.S. 5247--A 4 1 § 3. Paragraph e of subdivision 14 of section 305 of the education 2 law, as amended by chapter 464 of the laws of 1997, is amended to read 3 as follows: 4 e. Notwithstanding the provisions of any general, special or local law 5 or charter, a board of education or a trustee of a district, pursuant to 6 rules and regulations promulgated by the commissioner, may award a 7 contract for the transportation of pupils or a contract for mobile 8 instructional units or for the provision, maintenance and operation of 9 cafeteria or restaurant service by a private food service management 10 company involving an annual expenditure in excess of the amount speci- 11 fied for purchase contracts in the bidding requirements of the general 12 municipal law in compliance with the provisions of paragraph a of this 13 subdivision or subsequent to an evaluation of proposals submitted in 14 response to a request for proposals prepared by or for the board of 15 education or trustee of a district. A contract awarded through a request 16 for proposals shall be awarded based on best value in accordance with 17 section one hundred three of the general municipal law. The commission- 18 er, in addition to his or her existing statutory authority to approve or 19 disapprove transportation contracts, may reject any award of a transpor- 20 tation contract or a contract for mobile instructional units that is 21 based on an evaluation of proposals submitted in response to a request 22 for proposals if he or she finds that (1) the contractor is not the most 23 responsive to the request for proposals, or (2) that the best interests 24 of the district will be promoted thereby. 25 § 4. Subdivision 14 of section 305 of the education law is amended by 26 adding a new paragraph g to read as follows: 27 g. Notwithstanding the provisions of this subdivision, section one 28 hundred three of the general municipal law, or any other provision of 29 law to the contrary, the board of education shall be authorized to enter 30 into a piggyback contract with another school district that transports 31 students pursuant to a contract with a private transportation contrac- 32 tor, provided that the board finds that the contract cost is appropriate 33 and entry into a piggyback contract will result in a cost savings to the 34 school district. For purposes of this paragraph, a "piggyback contract" 35 means a contract for the transportation of students that: (1) provides 36 transportation to a location outside the students' school district of 37 residence to which another school district is already providing trans- 38 portation to its own students through an existing contract with a 39 private transportation contractor, other than a cooperatively bid 40 contract; (2) is entered into by the private transportation contractor 41 and each school district involved; and (3) provides for transportation 42 in accordance with the terms and conditions of such existing transporta- 43 tion contract. 44 § 5. Subdivision 1 of section 6-0107 of the environmental conservation 45 law, as added by chapter 433 of the laws of 2010, is amended to read as 46 follows: 47 1. In addition to meeting other criteria and requirements of law 48 governing approval, development, financing and state aid for the 49 construction of new or expanded public infrastructure or the recon- 50 struction thereof, no state infrastructure agency shall approve, under- 51 take, support or finance a public infrastructure project, including 52 providing grants, awards, loans or assistance programs, unless, to the 53 extent practicable, it is consistent with the relevant criteria speci- 54 fied in subdivision two of this section. Notwithstanding the provisions 55 of this subdivision or any other provision of this article to the 56 contrary, projects for the reconstruction, renovation, repair orS. 5247--A 5 1 improvement of existing public school facilities or existing library 2 facilities, and projects for the construction of new or expanded public 3 school or library facilities in cities having a population of one 4 hundred twenty-five thousand inhabitants or more, shall not be deemed 5 public infrastructure projects subject to the requirements of this arti- 6 cle. 7 § 6. Subparagraph 1 of paragraph (b) and paragraphs (c) and (d) of 8 subdivision 20 of section 375 of the vehicle and traffic law, subpara- 9 graph 1 of paragraph (b) as amended by chapter 242 of the laws of 1992, 10 paragraph (c) as amended by chapter 96 of the laws of 1973 and paragraph 11 (d) as amended by chapter 567 of the laws of 1985, are amended to read 12 as follows: 13 (1) In addition to such signal lamps, two signs shall be conspicuously 14 displayed on the exterior of every such omnibus designating it as a 15 school omnibus by the use of the words "SCHOOL BUS" which shall be 16 painted or otherwise inscribed thereon in black letters. Such letters 17 shall be of uniform size, at least eight inches in height, and each 18 stroke of each letter shall be not less than one inch in width. The 19 background of each such sign shall be painted [the color known as20"national school bus chrome"] on a background of retro reflective 21 national school bus yellow material. The material shall be the same 22 quality and type as federal motor vehicle safety standards require for 23 the marking of emergency exits. For each such omnibus having a seating 24 capacity in excess of fifteen children, such signs shall be securely 25 mounted on top of such vehicle, one of which shall be affixed on the 26 front and one on the rear thereof. For each such omnibus having a seat- 27 ing capacity of not more than fifteen children, such signs shall be 28 securely mounted on top of such vehicle, one of which shall face the 29 front and one of which shall face the rear thereof. Each such sign shall 30 be visible and readable from a point at least two hundred feet distant. 31 (c) [In the event such vehicle is operated on a public highway during32the period between one-half hour after sunset and one-half hour before33sunrise, the signs required by paragraph (b) of this subdivision shall34be illuminated as to be visible from a point at least five hundred feet35distant.36(d)] Every such omnibus shall be equipped as provided in paragraphs 37 (a) and (b) of this subdivision, [and such signs shall be displayed and38illuminated in accordance with paragraphs (b) and (c) of this subdivi-39sion,] and such signal lamps shall be operated as provided in paragraph 40 (a) of this subdivision at all times when such omnibus shall be engaged 41 in transporting pupils to and from school or school activities or in 42 transporting children to and from child care centers maintained for 43 children of migrant farm and food processing laborers, or in transport- 44 ing children to and from camp or camp activities or transporting chil- 45 dren to and from religious services or instruction or transporting 46 persons with disabilities on any such omnibus used by any state facility 47 or not-for-profit agency licensed by the state. 48 § 7. Subdivision 15 of section 353 of the executive law is REPEALED. 49 § 8. The commissioner of education, in consultation with the office of 50 the state comptroller, shall conduct a study of the feasibility and 51 desirability of authorizing school districts and boards of cooperative 52 educational services to enter national credit card contracts as a cost- 53 saving measure, with appropriate safeguards. The commissioner of educa- 54 tion shall submit a report to the board of regents, the governor and the 55 legislature by no later than January 15, 2019, with recommendations on 56 whether and under what conditions such credit card contracts should beS. 5247--A 6 1 authorized and identifying any legislative or regulatory changes that 2 would be needed to authorize such credit card contracts. 3 § 9. Paragraph a of subdivision 1 and paragraph a and subparagraph 1 4 of paragraph b of subdivision 2 of section 3602-c of the education law, 5 paragraph a of subdivision 1 as amended by chapter 474 of the laws of 6 2004, paragraph a and subparagraph 1 of paragraph b of subdivision 2 as 7 amended by chapter 378 of the laws of 2007, are amended and a new para- 8 graph e is added to subdivision 2 to read as follows: 9 a. "Services" shall mean instruction in the areas of gifted pupils, 10 career education and education for students with disabilities, and coun- 11 seling, psychological and social work services related to such instruc- 12 tion provided during the regular school year for pupils enrolled in a 13 nonpublic school located in a school district, including special educa- 14 tion programs and related services as defined in subdivision two of 15 section forty-four hundred one of this chapter other than an approved 16 private residential or non-residential school for the education of 17 students with disabilities, provided that such instruction is given to 18 pupils enrolled in the public schools of such district. Such term shall 19 also include education for students with disabilities enrolled in such a 20 nonpublic school which is provided in July and August in accordance with 21 paragraph e of subdivision two of this section. 22 a. Boards of education of all school districts of the state shall 23 furnish services to students who are residents of this state and who 24 attend nonpublic schools located in such school districts, upon the 25 written request of the parent or person in parental relation of any such 26 student. Such a request for career education or services to gifted 27 students shall be filed with the board of education of the school 28 district in which the parent or person in parental relation of the 29 student resides on or before the first day of June preceding the school 30 year for which the request is made. In the case of education for 31 students with disabilities, such a request shall be filed with the trus- 32 tees or board of education of the school district of location on or 33 before the first of [June] April preceding the school year for which the 34 request is made[, or by July first, two thousand seven for the two thou-35sand seven--two thousand eight school year only,] for those students for 36 whom an individualized education service program was developed and 37 implemented pursuant to this section prior to such date, and on or 38 before the first of June preceding the school year for which the request 39 is made for those students who will be first receiving education for 40 students with disabilities pursuant to this section in the school year 41 for which the request is made or for whom an individualized education 42 service program is first developed and implemented on or after April 43 first and on or before June first; provided that where a student is 44 first identified as a student with a disability after the first day of 45 June preceding the school year for which the request is made, [or thirty46days after the chapter of the laws of two thousand seven which amended47this paragraph, takes effect where applicable, and prior to the first48day of April of such current school year,] such request shall be submit- 49 ted within thirty days after an individualized education service program 50 is developed for such student [is first identified. For students first51identified after March first of the current school year, any such52request for education for students with disabilities in the current53school year that is submitted on or after April first of such current54school year, shall be deemed a timely request for such services in the55following school year].S. 5247--A 7 1 (1) For the purpose of obtaining education for students with disabili- 2 ties, as defined in paragraph d of subdivision one of this section, such 3 request shall be reviewed by the committee on special education of the 4 school district of location, which shall develop an individualized 5 education service program for the student based on the student's indi- 6 vidual needs in the same manner [and with the same contents] as an indi- 7 vidualized education program. The committee on special education shall 8 assure that special education programs and services are made available 9 to students with disabilities attending nonpublic schools located within 10 the school district on an equitable basis, as compared to special educa- 11 tion programs and services provided to other students with disabilities 12 attending public or nonpublic schools located within the school 13 district, except that such services shall not include the provision of a 14 special class or integrated co-teaching services, as such terms are 15 defined in the regulations of the commissioner, by the school district 16 of location for all or part of the school day. Review of the recommenda- 17 tion of the committee on special education may be obtained by the parent 18 or person in parental relation of the pupil pursuant to the provisions 19 of section forty-four hundred four of this chapter; provided that a due 20 process complaint, other than a due process complaint relating to child 21 find requirements brought pursuant to paragraph c of this subdivision, 22 submitted on or after September first may be submitted to mediation 23 pursuant to section forty-four hundred four-a of this chapter. 24 e. A nonpublic school student whose disability is severe enough to 25 exhibit the need for a structured learning environment of twelve months 26 duration to maintain developmental levels shall be eligible to receive 27 special education programs and services in July and August in accordance 28 with the individualized education service program developed by the 29 committee on special education of the school district of location and 30 the provisions of section forty-four hundred eight of this chapter. 31 Provided, however, that during a July/August special education program, 32 such services shall not include placement in a special class or inte- 33 grated co-teaching services, as such terms are defined in the regu- 34 lations of the commissioner. Notwithstanding any other provision of law 35 to the contrary, the school district of location shall be eligible for 36 state aid for such services exclusively pursuant to section forty-four 37 hundred eight of this chapter. 38 § 10. Paragraph e of subdivision 2 of section 4002 of the education 39 law, as added by chapter 563 of the laws of 1980, is amended to read as 40 follows: 41 e. Appointment by the commissioner to a state [or state-supported] 42 school in accordance with article [eighty-five,] eighty-seven or eight- 43 y-eight of this chapter or enrollment in a state-supported school in 44 accordance with article eighty-five of this chapter. 45 § 11. Subdivision 2 of section 4201 of the education law is amended to 46 read as follows: 47 2. It shall be the duty of the commissioner: 48 a. To inquire into the organization of the several schools and the 49 methods of instruction employed therein. 50 b. To prescribe courses of study and methods of instruction that will 51 meet the requirements of the state for the education of [state] pupils 52 attending such schools. 53 c. [To make appointments of pupils to the several schools, to transfer54such pupils from one school to another as circumstances may require; to55cancel appointments for sufficient reason.S. 5247--A 8 1d.] To ascertain by a comparison with other similar institutions 2 whether any improvements in instruction and discipline can be made; and 3 for that purpose to appoint from time to time, suitable persons to visit 4 the schools. 5 [e.] d. To suggest to the directors of such institutions and to the 6 legislature such improvements as he shall judge expedient. 7 [f.] e. To make an annual report to the legislature on all of the 8 matters enumerated in this subdivision and particularly as to the condi- 9 tion of the schools, the improvement of the pupils, and their treatment 10 in respect to board and lodging. 11 § 12. Section 4203 of the education law is amended to read as follows: 12 § 4203. Persons eligible for [appointment] enrollment as pupils to 13 institutions for instruction of the deaf. All deaf children resident in 14 this state, of the age of three years and upwards and of suitable capac- 15 ity, and who shall have been resident in this state for one year imme- 16 diately preceding the application, or, if an orphan, whose nearest 17 friend shall have been resident in this state for one year immediately 18 preceding the application, shall be eligible [to appointment] for 19 enrollment as [state] pupils in one of the institutions for the instruc- 20 tion of the deaf of this state, authorized by law to receive such 21 pupils; provided, however, the foregoing requirement as to length of 22 residence in this state may be waived in the discretion of the commis- 23 sioner [of education]. Placement in such institutions shall be recom- 24 mended by the committee on special education, or committee on preschool 25 special education where applicable, of the school district responsible 26 for educating such pupil, and such recommendation may include the 27 provision of special education programs and services in July or August 28 in accordance with the provisions of paragraph a of subdivision two of 29 section forty-four hundred two of this chapter. 30 § 13. Subdivision 3 of section 4204 of the education law, as amended 31 by section 51 of part A of chapter 58 of the laws of 2011, is amended to 32 read as follows: 33 3. The regular term of instruction of any such deaf pupil shall be 34 twelve years, or until the pupil shall have attained the age of eighteen 35 years before the expiration of twelve years from the beginning of such 36 term. The [commissioner] committee on special education may, in [his] 37 its discretion, [extend] recommend an extension of the term of any pupil 38 until [his] the date of the school year in which the pupil's twenty- 39 first birthday occurs and such pupil's eligibility ends pursuant to 40 subdivision five of section forty-four hundred two of this article for 41 the purpose of pursuing or completing academic or vocational courses of 42 study. Such pupils must be recommended by the trustees of the institu- 43 tion in which they are in attendance before the committee recommends 44 that such extension of time [is granted] be made. 45 § 14. Section 4206 of the education law, as amended by chapter 53 of 46 the laws of 1990, is amended to read as follows: 47 § 4206. Persons eligible for [appointment] enrollment as pupils [to] 48 in institutions for instruction of the blind. 1. All blind persons of 49 suitable age and capacity and who shall have been residents in this 50 state for one year immediately preceding the application or, if a minor, 51 whose parent or parents, or, if an orphan, whose nearest friend, shall 52 have been a resident in this state for one year immediately preceding 53 the application, shall be eligible for [appointment] enrollment as 54 [state] pupils to the New York Institute for Special Education in the 55 city of New York or the Lavelle School for the Blind in the city of New 56 York.S. 5247--A 9 1 2. Blind babies and children of the age of fifteen years and under and 2 possessing the other qualifications prescribed in this article and 3 requiring kindergarten training or other special care and instruction, 4 shall be eligible for [appointment] enrollment as [state] pupils [by the5commissioner of education at his discretion] in any incorporated insti- 6 tution furnishing approved care, training and instruction for blind 7 babies and children, and any such child may be transferred to the New 8 York Institute for Special Education in the city of New York or the 9 Lavelle School for the Blind in the city of New York, to which he or she 10 would otherwise be eligible for [appointment] enrollment, upon arriving 11 at suitable age[, in the discretion of the commissioner of education]. 12 3. [All such appointments shall be made by the commissioner of educa-13tion.] The requirement of this section as to length of residence in this 14 state may be waived in the discretion of the commissioner [of educa-15tion]. 16 4. Placement in such institutions shall be recommended by the commit- 17 tee on special education, or committee on preschool special education 18 where applicable, of the school district responsible for educating such 19 pupil, and such recommendation may include the provision of special 20 education programs and services in July or August in accordance with the 21 provisions of paragraph a of subdivision two of section forty-four 22 hundred two of this title. 23 § 15. Subdivisions 3 and 4 of section 4207 of the education law, as 24 amended by section 54 of part A of chapter 58 of the laws of 2011, are 25 amended to read as follows: 26 3. The regular term of instruction of any such blind pupil in the New 27 York Institute for Special Education shall be eight years. The [commis-28sioner] committee on special education of the school district responsi- 29 ble for the education of the pupil, with the consent of the trustees of 30 the New York Institute for Special Education, may in [his] its 31 discretion [extend] recommend the extension of the term of any pupil for 32 a period not exceeding three years. It shall also be lawful for the 33 [commissioner] committee to continue such pupils [as state pupils] for 34 an additional period of three years for the purpose of pursuing or 35 completing a course of high school study[; such pupils must be recom-36mended by the trustees of the New York Institute for Special Education37before such extension is granted]. 38 4. The term of appointment for blind babies and children of the age of 39 fifteen years and under received into any institution in accordance with 40 this article shall be at the discretion of the [commissioner] committee 41 on special education or preschool committee on special education of the 42 school district responsible for the education of the student and the 43 trustees of the New York Institute for Special Education. 44 § 16. Section 4213 of the education law, as added by chapter 496 of 45 the laws of 1986, is amended to read as follows: 46 § 4213. Other persons eligible for [appointment] enrollment. In 47 accordance with the provisions of the charter of the New York Institute 48 for Special Education, and amendments thereto, as issued by the board of 49 regents, children with [handicapping conditions] disabilities, other 50 than [handicapping conditions] disabilities which would establish eligi- 51 bility for [appointment] enrollment to the schools enumerated in this 52 article, shall be eligible for [appointment] enrollment to the New York 53 Institute for Special Education as [state] pupils. The provisions of 54 this article shall apply but not necessarily be limited to the [appoint-55ment] enrollment, education, maintenance and support of such pupils. 56 Such pupils eligible for [appointment] enrollment, pursuant to thisS. 5247--A 10 1 section, shall be persons over five and under twenty-one years of age 2 who have not received a high school diploma. 3 § 17. Paragraph d of subdivision 2 of section 4401 of the education 4 law, as amended by chapter 53 of the laws of 1990, is amended to read as 5 follows: 6 d. Appointment by the commissioner to a state school in accordance 7 with article eighty-seven or eighty-eight of this chapter or enrollment 8 in a state-supported school in accordance with article eighty-five of 9 this chapter. 10 § 18. 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 evalu- 14 ate at least annually, the status of each child with a [handicapping15condition] disability and each child thought to [be handicapped] have a 16 disability who resides within the school district. Such review shall 17 consider the educational progress and achievement of the child with a 18 [handicapping condition] disability and the child's ability to partic- 19 ipate in instructional programs in regular education. 20 § 19. 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 § 20. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of 46 section 4402 of the education law is REPEALED. 47 § 21. Subdivisions 8 and 9 of section 4403 of the education law, as 48 amended by chapter 273 of the laws of 1986, are amended to read as 49 follows: 50 8. To develop and distribute a handbook for parents of [handicapped] 51 children with disabilities and the members of committees and subcommit- 52 tees on special education, which handbook shall explain, in layman 53 terms, the financial and educational obligations of the state, the coun- 54 ty or city, the home school district, the committee on special educa- 55 tion, and the parent or legal guardian of a [handicapped] child with a 56 disability, the special services or programs available pursuant to thisS. 5247--A 11 1 article, and the legal procedures available to an aggrieved parent or 2 legal guardian of a [handicapped] child with a disability. 3 9. To make provision by regulation of the commissioner to assure the 4 confidentiality of any personally identifiable data, information, and 5 records collected or maintained by the state department of education or 6 any school district, including a committee or subcommittee on special 7 education, and the officers, employees or members thereof, pursuant to 8 or in furtherance of the purposes of this article, and shall establish 9 procedures upon which any such personally identifiable data, informa- 10 tion, or records may be disclosed. 11 § 22. Subdivision 16 of section 4403 of the education law, as amended 12 by section 4 of part E of chapter 501 of the laws of 2012, is amended to 13 read as follows: 14 16. Commencing with the nineteen hundred eighty-seven--eighty-eight 15 school year, to provide for instruction during the months of July and 16 August of students with [handicapping conditions] disabilities who have 17 received state appointments pursuant to article [eighty-five,] eighty- 18 seven or eighty-eight of this chapter, and whose [handicapping condi-19tions, in the judgment of the commissioner,] disabilities are severe 20 enough to exhibit the need for a structured learning environment of 21 twelve months duration to maintain developmental levels, by making such 22 appointments for twelve months; provided that the initial term of 23 appointment of a student with a [handicapping condition] disability who 24 is the minimum age eligible for such a state appointment shall not 25 commence during the months of July or August. 26 § 23. The opening paragraph and clauses (a), (b) and (c) of subpara- 27 graph 1 of paragraph b of subdivision 1 of section 4402 of the education 28 law, the opening paragraph and clauses (a) and (c) as amended by chapter 29 311 of the laws of 1999, subclause (viii) of clause (a) as amended by 30 chapter 194 of the laws of 2004, clause (b) as amended by section 1 of 31 chapter 276 of the laws of 2012 and the closing paragraph of clause (b) 32 as amended by chapter 378 of the laws of 2007, are amended to read as 33 follows: 34 The board of education or trustees of each school district shall 35 establish committees [and/or subcommittees] on special education as 36 necessary to ensure timely evaluation and placement of pupils. The board 37 of education of the city school district of the city of New York, shall 38 establish at least one committee on special education in each of its 39 community school districts, provided that appointments to the community 40 school district committees shall be made upon the approval of the commu- 41 nity school board except that the board of education of the city school 42 district of the city of New York, may establish one committee to serve 43 more than one community school district, in which case, appointments 44 thereto shall be made upon the joint approval of the affected community 45 school boards; provided, however, that prior to such consolidation, the 46 board shall consider the relative caseload of the committee on special 47 education in each affected community school district, including but not 48 limited to the following factors: the number of students evaluated by 49 such committee; the number of referrals to special education in such 50 community school district; the ability to comply with mandated paperwork 51 and timelines; and other issues which the board deems pertinent. 52 (a) Such committees shall be composed of at least the following 53 members: (i) the parents or persons in parental relationship to the 54 student; (ii) one regular education teacher of the student whenever the 55 student is or may be participating in the regular education environment; 56 (iii) one special education teacher of the student, or, if appropriate,S. 5247--A 12 1 a special education provider of the student; (iv) a school psychologist 2 where the purpose of the meeting is to determine a student's initial 3 eligibility for special education; (v) a representative of such school 4 district who is qualified to provide or administer or supervise special 5 education and is knowledgeable about the general curriculum and the 6 availability of resources of the school district; (vi) an individual who 7 can interpret the instructional implications of evaluation results; 8 (vii) [a school physician; (viii)] an additional parent, residing in the 9 school district or a neighboring school district, of a student with a 10 disability, of a student who has been declassified and is no longer 11 eligible for an individualized education program (IEP), or a parent of a 12 disabled child who has graduated, for a period of five years beyond the 13 student's declassification or graduation, provided such parent shall not 14 be employed by or under contract with the school district, and provided 15 further that such additional parent shall not be a required member [if] 16 unless the parents, the student or a member of the committee on special 17 education request that such additional parent member [not] participate 18 in accordance with clause (b) of this subparagraph; [(ix)] (viii) such 19 other persons having knowledge or special expertise regarding the 20 student as the school district or the parents or persons in parental 21 relationship to the student shall designate, to the extent required 22 under federal law; and [(x)] (ix) if appropriate, the student. 23 (b) In determining the composition of such committee pursuant to 24 clause (a) of this subparagraph, a school district may determine that a 25 member appointed pursuant to one of subclause (ii), (iii), (iv), (v) or 26 [(ix)] (viii) of clause (a) of this subparagraph also fulfills the 27 requirement of subclause (vi) of clause (a) of this subparagraph of a 28 member who is an individual who can interpret the instructional impli- 29 cations of evaluation results where such individuals are determined by 30 the school district to have the knowledge and expertise to do so and/or 31 that a member appointed pursuant to subclause (iii) or (iv) of clause 32 (a) of this subparagraph also fulfills the requirement of subclause (v) 33 of clause (a) of this subparagraph of a member who is a representative 34 of the school district. The regular education teacher of the student 35 shall participate in the development, review and revision of the indi- 36 vidualized education program for the student, to the extent required 37 under federal law. [The school physician need not be in attendance at38any meeting of the committee on special education unless specifically39requested in writing, at least seventy-two hours prior to such meeting40by the parents or other person in parental relation to the student in41question, the student, or a member of the committee on special educa-42tion. The parents or persons in parental relation of the student in43question shall receive proper written notice of their right to have the44school physician attend the meetings of the committee on special educa-45tion upon referral of said student to the committee on special education46or whenever such committee plans to modify or change the identification,47evaluation or educational placement of the student.] The additional 48 parent need not be in attendance at any meeting of the committee on 49 special education unless specifically requested in writing, at least 50 seventy-two hours prior to such meeting by the parents or other person 51 in parental relation to the student in question, the student, or a 52 member of the committee on special education. The parents or persons in 53 parental relation of the student in question shall receive proper writ- 54 ten notice of their right to have an additional parent attend any meet- 55 ing of the committee regarding the student along with a statement, 56 prepared by the department, explaining the role of having the additionalS. 5247--A 13 1 parent attend the meeting. The committee shall invite the appropriate 2 professionals most familiar with a student's disability or disabilities 3 to attend any meeting concerning the educational program for such 4 student. Except as otherwise provided in this clause or clause (b-1) or 5 (b-2) of this subparagraph, all members of such committee shall attend 6 meetings of the committee on special education. 7 Members of such committee shall serve at the pleasure of such board 8 and members who are neither employees of nor under contract with such 9 district shall serve without compensation except that such members shall 10 be entitled to a per diem to defray expenses incurred in such service, 11 provided, however, that any expense incurred shall be deemed an aidable 12 operating expense for purposes of state aid. 13 (c) Districts not having available personnel may share the services of 14 a local committee on special education with another school district or 15 contract with a board of cooperative educational services for such 16 personnel pursuant to regulations of the commissioner. [A district17having a subcommittee on special education may share the services of a18local committee on special education with another school district,19provided that a representative of such school district who is qualified20to provide or administer or supervise special education and is know-21ledgeable about the general curriculum and the availability of resources22of the school district shall be a member of such committee when it23convenes on behalf of a student who is a resident of such district.] 24 § 24. Clause (b) of subparagraph 1 of paragraph b of subdivision 1 of 25 section 4402 of the education law, as amended by section 2 of chapter 26 276 of the laws of 2012, is amended to read as follows: 27 (b) In determining the composition of such committee pursuant to 28 clause (a) of this subparagraph, a school district may determine that a 29 member appointed pursuant to one of subclause (ii), (iii), (iv), (v) or 30 [(ix)] (viii) of clause (a) of this subparagraph also fulfills the 31 requirement of subclause (vi) of clause (a) of this subparagraph of a 32 member who is an individual who can interpret the instructional impli- 33 cations of evaluation results where such individuals are determined by 34 the school district to have the knowledge and expertise to do so and/or 35 that a member appointed pursuant to subclause (iii) or (iv) of clause 36 (a) of this subparagraph also fulfills the requirement of subclause (v) 37 of clause (a) of this subparagraph of a member who is a representative 38 of the school district. The regular education teacher of the student 39 shall participate in the development, review and revision of the indi- 40 vidualized education program for the student, to the extent required 41 under federal law. [The school physician need not be in attendance at42any meeting of the committee on special education unless specifically43requested in writing, at least seventy-two hours prior to such meeting44by the parents or other person in parental relationship to the student45in question, the student, or a member of the committee on special educa-46tion. The parents or persons in parental relationship of the student in47question shall receive proper written notice of their right to have the48school physician attend the meetings of the committee on special educa-49tion upon referral of said student to the committee on special education50or whenever such committee plans to modify or change the identification,51evaluation or educational placement of the student.] The additional 52 parent need not be in attendance at any meeting of the committee on 53 special education unless specifically requested in writing, at least 54 seventy-two hours prior to such meeting by the parents or other person 55 in parental relation to the student in question, the student, or a 56 member of the committee on special education. The parents or persons inS. 5247--A 14 1 parental relation of the student in question shall receive proper writ- 2 ten notice of their right to have an additional parent attend any meet- 3 ing of the committee regarding the student along with a statement, 4 prepared by the department, explaining the role of having the additional 5 parent attend the meeting. The committee shall invite the appropriate 6 professionals most familiar with a student's disability or disabilities 7 to attend any meeting concerning the educational program for such 8 student. Members of such committee shall serve at the pleasure of such 9 board and members who are neither employees of nor under contract with 10 such district shall serve without compensation except that such members 11 shall be entitled to a per diem to defray expenses incurred in such 12 service, provided, however, that any expense incurred shall be deemed an 13 aidable operating expense for purposes of state aid. 14 § 25. 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 [handicapping20condition] 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-24tional 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 § 26. 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 theS. 5247--A 15 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 § 27. 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 the44evaluator 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.S. 5247--A 16 1 § 28. Subparagraph (iv) of paragraph b of subdivision 5 of section 2 4410 of the education law, as added by chapter 630 of the laws of 2008, 3 is amended to read as follows: 4 (iv) The members of the committee [or subcommittee] may compile a list 5 of appropriate and/or helpful services that may be available outside of 6 the school setting to provide the parents or person in parental relation 7 of a child with a disability with such information. Such list shall 8 clearly state that these services are in addition to services supplied 9 by the school district and will not be paid for by the school district. 10 Any member of a committee or his or her respective school district who, 11 acting reasonably and in good faith, provides such information shall not 12 be liable for such action. 13 § 29. Paragraph c of subdivision 1 of section 4410-b of the education 14 law, as added by chapter 6 of the laws of 2000, is amended to read as 15 follows: 16 c. "IEP team" means a committee on special education[, a subcommittee17on special education,] or a committee on preschool special education [or18a subcommittee on preschool special education]. 19 § 30. Paragraphs a and c of subdivision 5 of section 3604 of the 20 education law, paragraph a as amended by chapter 161 of the laws of 2005 21 and paragraph c as added by chapter 82 of the laws of 1995, are amended 22 to read as follows: 23 a. State aid adjustments. All errors or omissions in the apportionment 24 shall be corrected by the commissioner. Whenever a school district has 25 been apportioned less money than that to which it is entitled, the 26 commissioner may allot to such district the balance to which it is enti- 27 tled. Whenever a school district has been apportioned more money than 28 that to which it is entitled, the commissioner may, by an order, direct 29 such moneys to be paid back to the state to be credited to the general 30 fund local assistance account for state aid to the schools, or may 31 deduct such amount from the next apportionment to be made to said 32 district, provided, however, that, upon notification of excess payments 33 of aid for which a recovery must be made by the state through deduction 34 of future aid payments, a school district may request that such excess 35 payments be recovered by deducting such excess payments from the 36 payments due to such school district and payable in the month of June in 37 (i) the school year in which such notification was received and (ii) 38 [the two succeeding school years, provided further that there shall be39no interest penalty assessed against such district or collected by the40state. Such request shall be made to the commissioner in such form as41the commissioner shall prescribe, and shall be based on documentation42that the total amount to be recovered is in excess of one percent of the43district's total general fund expenditures for the preceding school44year. The amount to be deducted in the first year shall be the greater45of (i) the sum of the amount of such excess payments that is recognized46as a liability due to other governments by the district for the preced-47ing school year and the positive remainder of the district's unreserved48fund balance at the close of the preceding school year less the product49of the district's total general fund expenditures for the preceding50school year multiplied by five percent, or (ii) one-third of such excess51payments. The amount to be recovered in the second year shall equal the52lesser of the remaining amount of such excess payments to be recovered53or one-third of such excess payments, and the remaining amount of such54excess payments shall be recovered in the third year] in up to ten 55 succeeding school years, as determined by the commissioner in regu- 56 lations, wherein the commissioner shall establish any eligibilityS. 5247--A 17 1 requirements and/or payment schedule for such multi-year recovery. 2 Provided further that, notwithstanding any other provisions of this 3 subdivision, any pending payment of moneys due to such district as a 4 prior year adjustment payable pursuant to paragraph c of this subdivi- 5 sion for aid claims that had been previously paid as current year aid 6 payments in excess of the amount to which the district is entitled and 7 for which recovery of excess payments is to be made pursuant to this 8 paragraph, shall be reduced at the time of actual payment by any remain- 9 ing unrecovered balance of such excess payments, and the remaining sche- 10 duled deductions of such excess payments pursuant to this paragraph 11 shall be reduced by the commissioner to reflect the amount so recovered. 12 The commissioner shall certify no payment to a school district based on 13 a claim submitted later than three years after the close of the school 14 year in which such payment was first to be made. For claims for which 15 payment is first to be made in the nineteen hundred ninety-six--ninety- 16 seven school year, the commissioner shall certify no payment to a school 17 district based on a claim submitted later than two years after the close 18 of such school year. For claims for which payment is first to be made in 19 the nineteen hundred ninety-seven--ninety-eight school year and there- 20 after, the commissioner shall certify no payment to a school district 21 based on a claim submitted later than one year after the close of such 22 school year. Provided, however, no payments shall be barred or reduced 23 where such payment is required as a result of a final audit of the 24 state. It is further provided that, until June thirtieth, nineteen 25 hundred ninety-six, the commissioner may grant a waiver from the 26 provisions of this section for any school district if it is in the best 27 educational interests of the district pursuant to guidelines developed 28 by the commissioner and approved by the director of the budget. 29 c. Payment of moneys due for prior years. State aid payments due for 30 prior years in accordance with the provisions of this subdivision shall 31 be paid either: (i) from funds available in the general support for 32 public school appropriation as a result of the deduction of excess 33 payments of aid pursuant to paragraph a of this subdivision, or (ii) 34 within the limit of the appropriation designated therefor provided, 35 however, that each eligible claim shall be payable in the order that it 36 has been approved for payment by the commissioner, but in no case shall 37 a single claim draw down more than forty percent of the appropriation so 38 designated for a single year, and provided further that no claim shall 39 be set aside for insufficiency of funds to make a complete payment, but 40 shall be eligible for a partial payment in one year and shall retain its 41 priority date status for appropriations designated for such purposes in 42 future years. 43 § 31. Subparagraph 1 of paragraph b of subdivision 6-f of section 3602 44 of the education law, as added by section 19 of part H of chapter 83 of 45 the laws of 2002, is amended to read as follows: 46 (1) has a total project cost of [one hundred thousand dollars] two 47 hundred fifty thousand dollars or less; provided however, that for any 48 district, no more than one project shall be eligible pursuant to this 49 subparagraph for an apportionment within the same school year; and/or 50 § 32. Subdivision 2 of section 3625 of the education law, as amended 51 by chapter 474 of the laws of 1996, is amended to read as follows: 52 2. Filing of transportation contracts. a. Every transportation 53 contract shall be filed with the department within one hundred twenty 54 days of the commencement of service under such contract, subject to the 55 provisions of paragraph b of this subdivision. No transportation expense 56 shall be allowed for a period greater than one hundred twenty days priorS. 5247--A 18 1 to the filing of any contract for the transportation of pupils with the 2 education department. No contract shall be considered filed unless it 3 bears an original signature of the superintendent of a school district 4 or the designee of the superintendent and the sole trustee or president 5 of the board of education of the school district. The final approval of 6 any such contract by the commissioner shall not, however, obligate the 7 state to allow transportation expense in an amount greater than the 8 amount that would be allowed under the provisions of this part. The 9 state, acting through the department of audit and control, may examine 10 any and all accounts of the contractor in connection with a contract for 11 the transportation of pupils, and every such contract shall contain the 12 following provision: "The contractor hereby consents to an audit of any 13 and all financial records relating to this contract by the department of 14 audit and control." 15 b. Notwithstanding the provisions of paragraph a of this subdivision, 16 the commissioner may consider extenuating circumstances, including but 17 not limited to possession of a signed and dated return receipt from the 18 department indicating that such transportation contract was timely 19 filed, or evidence of a fire or other natural disaster or catastrophic 20 event that disrupted operations or destroyed files prior to the 21 commencement of the contract or during the contract period, or any other 22 extenuating circumstance defined by the commissioner in regulations 23 which resulted in a contract or contracts not being filed within the one 24 hundred twenty day filing period and may, in his or her discretion, 25 extend the period for filing of such contract or contracts. 26 § 33. This act shall take effect July 1, 2018, provided that if this 27 act shall become a law after such date, it shall take effect immediately 28 and shall be deemed to have been in full force and effect on and after 29 July 1, 2018 and provided further, nothing in section six of this act 30 shall be construed to require the retrofitting of school buses purchased 31 prior to the effective date of this act, and provided further that: 32 (a) the amendments to subdivision 2 of section 3602-c of the education 33 law made by section nine of this act shall not affect the expiration of 34 such subdivision and shall be deemed to expire therewith; 35 (b) the amendments to subparagraph 2 of paragraph b of subdivision 1 36 of section 4402 of the education law made by section eighteen of this 37 act shall take effect on the same date as the reversion of such subpara- 38 graph pursuant to chapter 352 of the laws of 2005, as amended; 39 (c) the amendments to clause (b) of subparagraph 1 of paragraph b of 40 subdivision 1 of section 4402 of the education law made by section twen- 41 ty-three of this act shall be subject to the expiration and reversion of 42 such clause pursuant to chapter 378 of the laws of 2007, as amended, 43 when upon such date the provisions of section twenty-four of this act 44 shall take effect; and 45 (d) the amendments to paragraph a of subdivision 1 of section 4404 of 46 the education law made by section twenty-six of this act shall not 47 affect the expiration of such subdivision and shall be deemed to expire 48 therewith.
