STATE OF NEW YORK
________________________________________________________________________
4197--A
2009-2010 Regular Sessions
IN SENATE
April 16, 2009
___________
Introduced by Sen. STAVISKY -- (at request of the State Education
Department) -- read twice and ordered printed, and when printed to be
committed to the Committee on Higher Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to the practice of
licensed professions by special education schools and early inter-
vention agencies and their employees; and to repeal certain provisions
of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 4410 of the education law is
2 REPEALED and a new subdivision 6 is added to read as follows:
3 6. Professional practice issues. a. Approved programs operated by
4 private providers shall be subject to registration to the extent
5 provided in section sixty-five hundred three-a of this chapter, and, if
6 required to be registered, shall be authorized to employ licensed
7 professionals or contract with licensed professionals or entities legal-
8 ly authorized to provide professional services in accordance with such
9 section sixty-five hundred three-a of this chapter.
10 b. An approved program may be formed as an education corporation, or,
11 with the consent of the commissioner, as a not-for-profit corporation,
12 business corporation or limited liability company. In addition, an
13 approved program or group of appropriately licensed or certified profes-
14 sionals may be formed as a professional service limited liability compa-
15 ny or as a foreign professional service limited liability company in
16 accordance with the applicable provisions of article twelve or thirteen
17 of the limited liability company law or as a registered limited liabil-
18 ity partnership in accordance with section 121-1500 of the partnership
19 law or as a New York registered foreign limited liability partnership in
20 accordance with section 121-1502 of the partnership law. An approved
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02397-05-9
S. 4197--A 2
1 program formed as such a professional service limited liability company
2 or registered limited liability partnership may be authorized to provide
3 special education itinerant services or other educational services not
4 involving practice of a profession under title eight of this chapter. An
5 approved program or group of professionals formed as such a professional
6 service limited liability company or registered limited liability part-
7 nership may contract with individuals licensed or otherwise authorized
8 to practice, or a professional service corporation, partnership or other
9 entity legally authorized to practice, any profession under title eight
10 of this chapter in which the company would not be authorized to provide
11 professional services under the applicable provisions of section twelve
12 hundred three or subdivision (a) of section thirteen hundred one of the
13 limited liability company law or sections 121-1500 or 121-1502 of the
14 partnership law, solely for the purposes of conducting a multi-discipli-
15 nary evaluation of a preschool child suspected of having a disability or
16 a preschool child with a disability or providing related services speci-
17 fied in the individualized education program of a preschool child.
18 c. Notwithstanding any other provision of law to the contrary, the
19 exemption in subdivision two of section eighty-two hundred seven of this
20 chapter shall apply to persons employed by a center-based program
21 approved pursuant to subdivision nine of this section to perform the
22 duties of a speech-language pathologist, audiologist, teacher of the
23 speech and hearing impaired or teacher of the deaf to students enrolled
24 in such approved center-based program in the course of their employment.
25 d. Notwithstanding any other provision of law to the contrary, the
26 exemption in subdivision one of section seventy-six hundred five of this
27 chapter shall apply to persons employed by a center-based program
28 approved pursuant to subdivision nine of this section as a school
29 psychologist to provide activities, services and use of the title
30 psychologist to students enrolled in such approved center-based program
31 in the course of their employment.
32 § 2. Paragraphs b and d of subdivision 9 of section 4410 of the educa-
33 tion law, as amended by chapter 705 of the laws of 1992, are amended to
34 read as follows:
35 b. As part of an application submitted pursuant to paragraph a of this
36 subdivision, a provider of special services or programs shall submit a
37 description of its multi-disciplinary evaluation component, if any,
38 which shall be subject to the approval of the commissioner in accordance
39 with regulations adopted for such purpose after consultation with the
40 appropriate advisory committee. Such components or program may rely in
41 part on formal written agreements or affiliations with appropriately
42 certified or licensed professionals, or agencies employing such profes-
43 sionals, provided that such professionals or agencies perform their
44 responsibilities in conformance with regulations of the commissioner and
45 that providers fully disclose any such arrangements on all applications
46 for program approval, and provided further that the provider certifies
47 that it shall apply for and obtain registration pursuant to section
48 sixty-five hundred three-a of this chapter prior to providing evaluation
49 services pursuant to such written agreements or affiliations. Nothing
50 herein shall require a provider of special services or programs to have
51 a multidisciplinary evaluation program.
52 d. Providers may make application to conduct a program that relies on
53 formal written agreements or affiliations with other approved programs
54 or appropriately certified or licensed professionals, provided that such
55 arrangements are fully disclosed on all applications to the commissioner
56 for program approval, and provided further that the provider certifies
S. 4197--A 3
1 that it shall apply for and obtain registration pursuant to section
2 sixty-five hundred three-a of this chapter prior to providing related
3 services pursuant to any such written agreements or affiliations involv-
4 ing licensed professionals.
5 § 3. Paragraph (a) of subdivision 9-a of section 4410 of the education
6 law, as added by chapter 82 of the laws of 1995, is amended to read as
7 follows:
8 (a) A school district or a group of appropriately licensed and/or
9 certified professionals associated with a public or private agency may
10 apply to the commissioner for approval as an evaluator on a form
11 prescribed by the commissioner. The commissioner shall approve evalu-
12 ators pursuant to this subdivision consistent with the approval process
13 for the multi-disciplinary evaluation component of programs approved
14 pursuant to subdivision nine of this section consistent with regulations
15 adopted pursuant to such subdivision.
16 Such application shall include, but not be limited to, a description
17 of the multi-disciplinary evaluation services proposed to be provided
18 and a demonstration that all agency employees and staff who provide such
19 evaluation services shall have appropriate licensure and/or certif-
20 ication and that the individual who shall have direct supervision
21 responsibilities over such staff shall have an appropriate level of
22 experience in providing evaluation or services to preschool or kinder-
23 garten-aged children with [handicapping conditions] disabilities. To be
24 eligible for approval as an evaluator on and after July first, two thou-
25 sand nine, a group of appropriately licensed or certified professionals
26 shall be formed as a professional service limited liability company,
27 foreign professional service limited liability company, registered
28 limited liability partnership or New York foreign registered limited
29 liability partnership. The approval of any groups of licensed or certi-
30 fied professionals that are in existence on July first, two thousand
31 nine and would not be eligible for approval thereafter shall terminate
32 on July first, two thousand ten.
33 § 4. The education law is amended by adding a new section 6503-a to
34 read as follows:
35 § 6503-a. Registration of certain special education schools. 1. Defi-
36 nitions. As used in this section:
37 a. "Special education school" means an approved program as defined in
38 paragraph a of subdivision one of section forty-four hundred ten of this
39 chapter that is lawfully operated by a private corporation, limited
40 liability company, registered limited liability partnership, or other
41 private entity; an approved private nonresidential or residential school
42 for the education of students with disabilities that is located within
43 the state; a child care institution as defined in section four thousand
44 one of this chapter that operates a private school for the education of
45 students with disabilities or an institution for the deaf or blind oper-
46 ating pursuant to article eighty-five of this chapter that either: (1)
47 conducts a multi-disciplinary evaluation for purposes of articles
48 eighty-one or eighty-nine of this chapter that involves the practice of
49 one or more professions for which a license is required pursuant to this
50 title and no exception from corporate practice restrictions applies, or
51 (2) provides related services to students enrolled in the school or
52 approved program that involves the practice of one or more professions
53 for which a license is required pursuant to this title and no exception
54 from practice restrictions applies. Such term shall not include a school
55 district, board of cooperative educational services, municipality, state
56 agency or other public entity. Nothing in this section shall be
S. 4197--A 4
1 construed to require registration of a child care institution that
2 conducts multi-disciplinary evaluations or provides related services
3 through an approved private nonresidential school operated by such child
4 care institution, provided that such school is registered pursuant to
5 this section.
6 b. "Early intervention agency" for purposes of this section means an
7 agency which is approved or is seeking approval in accordance with title
8 two-A of article twenty-five of the public health law to deliver early
9 intervention program multidisciplinary evaluations, service coordination
10 services and early intervention program services, and is lawfully oper-
11 ated by a not-for-profit corporation, private corporation, limited
12 liability company, registered limited liability partnership, or other
13 private entity.
14 c. "Early intervention program services" means early intervention
15 services as defined in subdivision seven of section twenty-five hundred
16 forty-one of the public health law that are provided under the early
17 intervention program and authorized in an eligible child's individual-
18 ized family services plan.
19 d. "Multi-disciplinary evaluation" for purposes of a special education
20 school means a multi-disciplinary evaluation of a preschool child
21 suspected of having a disability or a preschool child with a disability
22 that is conducted pursuant to section forty-four hundred ten of this
23 chapter or an evaluation of a school-age child suspected of having a
24 disability or with a disability which is conducted by a child care
25 institution that operates a special education school or the special
26 education school operated by such institution pursuant to subdivision
27 three of section four thousand two of this chapter or by an institution
28 for the deaf or blind operating pursuant to article eighty-five of this
29 chapter or an evaluation of a school-age child suspected of having a
30 disability or with a disability that is authorized to be conducted by a
31 special education school pursuant to any other provision of this chapter
32 and the regulations of the commissioner for purposes of identification
33 of the child as a child with a disability or the development of an indi-
34 vidualized education program for the child.
35 e. "Multi-disciplinary evaluation" for purposes of the early inter-
36 vention program means a professional, objective assessment conducted by
37 appropriately qualified personnel in accordance with section twenty-five
38 hundred forty-four of the public health law and its implementing regu-
39 lations to determine a child's eligibility for early intervention
40 program services.
41 f. "Related services" means related services as defined in paragraph g
42 of subdivision two of section four thousand two, paragraph k of subdivi-
43 sion two of section forty-four hundred one, or paragraph j of subdivi-
44 sion one of section forty-four hundred ten of this chapter provided to a
45 child with a disability pursuant to such child's individualized educa-
46 tion program.
47 2. Registration. a. No special education school may employ individuals
48 licensed pursuant to this article to conduct components of a multi-dis-
49 ciplinary evaluation of a child with a disability or a child suspected
50 of having a disability or to provide related services to children with
51 disabilities enrolled in the school, and no special education school may
52 provide such an evaluation component or related services by contract
53 with an individual licensed or otherwise authorized to practice pursuant
54 to this article or a professional service corporation, professional
55 service limited liability company, or registered limited liability part-
56 nership authorized by law to provide professional services, unless such
S. 4197--A 5
1 school is registered pursuant to this section. All special education
2 schools approved by the commissioner as of the effective date of this
3 section shall be deemed registered pursuant to this section for a period
4 commencing on such effective date and ending on July first, two thousand
5 ten.
6 b. No early intervention agency may employ or contract with individ-
7 uals licensed pursuant to this article or with a professional service
8 corporation, professional service limited liability company, partnership
9 or registered limited liability partnership authorized by law to provide
10 the applicable professional services, to conduct an early intervention
11 program multidisciplinary evaluation, provide service coordination
12 services or early intervention program services unless such agency is
13 registered pursuant to this section and approved in accordance with
14 title two-A of article twenty-five of the public health law as an early
15 intervention program provider. All early intervention agencies in exist-
16 ence as of the effective date of this section shall be deemed registered
17 pursuant to this section for a period commencing on such effective date
18 and ending on July first, two thousand ten. Nothing in this section
19 shall be construed to require an early intervention agency to register
20 in accordance with this section provided that it is otherwise authorized
21 by law to provide the applicable professional services.
22 3. Obtaining a registration. A special education school and early
23 intervention agency shall be registered as follows:
24 a. Application for registration shall be made on a form prescribed by
25 the department.
26 b. The application for initial registration shall be accompanied by a
27 fee of three hundred forty-five dollars.
28 c. Where the applicant simultaneously applies for approval as a
29 special education school and early intervention agency the total regis-
30 tration fee shall be three hundred forty-five dollars.
31 4. Renewal of registration. a. All special education school and early
32 intervention agency registrations shall be renewed on dates set by the
33 department. The triennial registration fee shall be two hundred sixty
34 dollars or a pro-rated portion thereof as determined by the department.
35 An early intervention agency's registration shall not be renewed unless
36 the agency is approved to provide early intervention program multi-dis-
37 ciplinary evaluations, service coordination or early intervention
38 program services in accordance with title two-A of article twenty-five
39 of the public health law.
40 b. Where the applicant simultaneously renews its registration as a
41 special education school and early intervention agency, the total
42 renewal fee shall be two hundred sixty dollars.
43 5. Change of location. In the event that a change in the location of
44 the chief administrative offices of a special education school or early
45 intervention agency is contemplated, the owner shall notify the office
46 of professions of the department of the change of location at least
47 thirty days prior to relocation.
48 6. Applicant registration. An applicant for registration as a special
49 education school or early intervention agency shall be of good moral
50 character, as determined by the department. In the case of a corporate
51 applicant, the requirement shall extend to all officers and directors
52 and to stockholders having a ten percent or greater interest in the
53 corporation.
54 7. Professional practice. a. Notwithstanding any other provision of
55 law to the contrary, a registered special education school may employ
56 individuals licensed or otherwise authorized to practice any profession
S. 4197--A 6
1 pursuant to this article to conduct components of a multi-disciplinary
2 evaluation of a child with a disability or a child suspected of having a
3 disability or to provide related services to children with disabilities
4 enrolled in the school or may provide components of such an evaluation
5 or such related services by contract with an individual licensed or
6 otherwise authorized to practice pursuant to this article or a profes-
7 sional service corporation, professional service limited liability
8 company, partnership or registered limited liability partnership author-
9 ized by law to provide the applicable professional services.
10 b. Notwithstanding any other provision of law to the contrary, a
11 registered early intervention agency that is approved in accordance with
12 title two-A of article twenty-five of the public health law may employ
13 or contract with individuals licensed or otherwise authorized to prac-
14 tice any profession pursuant to this article or with a professional
15 service corporation, professional service limited liability company,
16 partnership or registered limited liability partnership authorized to
17 conduct early intervention program multi-disciplinary evaluations,
18 provide service coordination services and early intervention program
19 services.
20 c. A registered special education school or early intervention agency
21 shall not practice any profession licensed pursuant to this title or
22 hold itself out to the public as authorized to provide professional
23 services pursuant to this title except as authorized by this section or
24 otherwise authorized by law.
25 8. Supervision of professional practice. A special education school or
26 early intervention agency shall be under the supervision of the regents
27 of the university of the state of New York and the department pursuant
28 to this title and be subject to disciplinary proceedings and penalties
29 in the same manner and to the same extent as is provided with respect to
30 individuals and their licenses, certificates, and registrations in the
31 provisions of this title relating to the applicable profession, and the
32 registration of a special education school or early intervention agency
33 shall be subject to suspension, revocation or annulment for cause.
34 Notwithstanding the provisions of this subdivision, a special education
35 school or early intervention agency that conducts or contracts for a
36 component of a multi-disciplinary evaluation that involves the practice
37 of medicine shall be subject to the pre-hearing procedures and hearing
38 procedures as is provided with respect to individual physicians and
39 their licenses in title two-A of article two of the public health law.
40 Notwithstanding any other provision of law to the contrary, upon revoca-
41 tion or other termination by the commissioner of approval of the special
42 education school pursuant to article eighty-nine of this chapter and the
43 regulations of the commissioner implementing such article or of the
44 early intervention agency pursuant to title two-A of article twenty-five
45 of the public health law and implementing regulations, the school's or
46 early intervention agency's registration pursuant to this section shall
47 be deemed revoked and annulled.
48 § 5. This act shall take effect immediately.
