Bill Text: NY S05445 | 2015-2016 | General Assembly | Amended

New York Senate Bill 5445 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relates to certified school psychologists and programs for preschool children with handicapping conditions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-08-13 - SIGNED CHAP.217 [S05445 Detail]

Download: New_York-2015-S05445-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5445--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 14, 2015
                                      ___________
       Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Education  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  amend  the  education  law, in relation to certified school
         psychologists  and  special  education  services  and   programs   for
         preschool children with handicapping conditions; and providing for the
         repeal of such provisions upon expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph d of subdivision 6 of section 4410 of the  educa-
    2  tion  law,  as  added  by chapter 581 of the laws of 2011, is amended to
    3  read as follows:
    4    d. Notwithstanding any other provision of law  to  the  contrary,  the
    5  exemption in subdivision one of section seventy-six hundred five of this
    6  chapter  shall  apply  to  persons  employed ON A FULL-TIME OR PART-TIME
    7  SALARY BASIS, WHICH MAY INCLUDE ON AN HOURLY, WEEKLY, OR MONTHLY  BASIS,
    8  by  a center-based program approved pursuant to subdivision nine of this
    9  section as a school psychologist to provide activities, services and use
   10  of the title psychologist to students enrolled in such approved  center-
   11  based  program,  AND  TO  CERTIFIED  SCHOOL  PSYCHOLOGISTS EMPLOYED ON A
   12  FULL-TIME OR PART-TIME SALARY BASIS, WHICH MAY  INCLUDE  ON  AN  HOURLY,
   13  WEEKLY, OR MONTHLY BASIS, BY AN APPROVED PROGRAM, WHICH PROGRAM HAS BEEN
   14  APPROVED PURSUANT TO PARAGRAPH B OF SUBDIVISION NINE OF THIS SECTION, OR
   15  SUBDIVISION  NINE-A  OF  THIS  SECTION,  TO CONDUCT A MULTI-DISCIPLINARY
   16  EVALUATION OF A PRESCHOOL CHILD HAVING OR SUSPECTED OF HAVING A DISABIL-
   17  ITY, AND TO CERTIFIED SCHOOL PSYCHOLOGISTS EMPLOYED ON  A  FULL-TIME  OR
   18  PART-TIME  SALARY  BASIS,  WHICH  MAY  INCLUDE  ON AN HOURLY, WEEKLY, OR
   19  MONTHLY BASIS, BY AN AGENCY APPROVED IN ACCORDANCE WITH TITLE  TWO-A  OF
   20  ARTICLE  TWENTY-FIVE  OF  THE  PUBLIC HEALTH LAW TO DELIVER EARLY INTER-
   21  VENTION  PROGRAM  MULTIDISCIPLINARY  EVALUATIONS,  SERVICE  COORDINATION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07556-04-5
       S. 5445--A                          2
    1  SERVICES  AND  EARLY  INTERVENTION PROGRAM SERVICES, WHERE AUTHORIZED BY
    2  PARAGRAPH A OF SUBDIVISION SIX OF SECTION SIXTY-FIVE HUNDRED THREE-B  OF
    3  THIS CHAPTER, EACH in the course of their employment.
    4    S  2.  Subdivision 1 of section 7605 of the education law, as added by
    5  chapter 987 of the laws of 1971, is amended to read as follows:
    6    1. The activities, services, and use of the title of psychologist,  or
    7  any  derivation  thereof,  on  the  part  of a person in the employ of a
    8  federal, state, county or municipal agency, or other political  subdivi-
    9  sion,  or  a chartered elementary or secondary school or degree-granting
   10  educational institution insofar as such activities and  services  are  a
   11  part  of  the duties of his salaried position OR ON THE PART OF A PERSON
   12  IN THE EMPLOY ON A  FULL-TIME  OR  PART-TIME  SALARY  BASIS,  WHICH  MAY
   13  INCLUDE  ON  AN HOURLY, WEEKLY, OR MONTHLY BASIS, OF A PRESCHOOL SPECIAL
   14  EDUCATION PROGRAM APPROVED PURSUANT TO PARAGRAPH B OF  SUBDIVISION  NINE
   15  OR  SUBDIVISION NINE-A OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER
   16  TO PROVIDE ACTIVITIES, SERVICES AND TO USE THE TITLE  "CERTIFIED  SCHOOL
   17  PSYCHOLOGIST",  SO LONG AS THIS SHALL NOT BE CONSTRUED TO PERMIT THE USE
   18  OF THE TITLE "LICENSED  PSYCHOLOGIST",  TO  STUDENTS  ENROLLED  IN  SUCH
   19  APPROVED  PROGRAM  OR  TO  CONDUCT  A  MULTIDISCIPLINARY EVALUATION OF A
   20  PRESCHOOL CHILD HAVING OR SUSPECTED OF HAVING A DISABILITY, OR TO CERTI-
   21  FIED SCHOOL PSYCHOLOGISTS EMPLOYED ON A FULL-TIME  OR  PART-TIME  SALARY
   22  BASIS,  WHICH  MAY  INCLUDE ON AN HOURLY, WEEKLY OR MONTHLY BASIS, BY AN
   23  AGENCY APPROVED IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF
   24  THE PUBLIC HEALTH LAW TO DELIVER EARLY INTERVENTION PROGRAM  MULTIDISCI-
   25  PLINARY  EVALUATIONS,  SERVICE  COORDINATION  SERVICES  AND EARLY INTER-
   26  VENTION PROGRAM SERVICES, WHERE EACH SUCH  PRESCHOOL  SPECIAL  EDUCATION
   27  PROGRAM OR EARLY INTERVENTION PROVIDER IS AUTHORIZED BY PARAGRAPH A OR B
   28  OF  SUBDIVISION  SIX  OF SECTION SIXTY-FIVE HUNDRED THREE OF THIS TITLE,
   29  EACH IN THE COURSE OF THEIR EMPLOYMENT.
   30    S 3. This act shall take effect immediately and  shall  be  deemed  to
   31  have  been in full force and effect on and after July 1, 2014, provided,
   32  however that the provisions of this  act  shall  expire  and  be  deemed
   33  repealed June 30, 2016.