STATE OF NEW YORK
________________________________________________________________________
982--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 10, 2017
___________
Introduced by M. of A. NOLAN, KEARNS -- read once and referred 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 establishing that all
school districts are approved evaluators of preschool students
suspected of having a disability
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a) and (c) of subdivision 9-a of section 4410
2 of the education law, paragraph (a) as amended by chapter 581 of the
3 laws of 2011 and paragraph (c) as added by chapter 82 of the laws of
4 1995, are amended to read as follows:
5 (a) A [school district or a] group of appropriately licensed and/or
6 certified professionals associated with a public or private agency may
7 apply to the commissioner for approval as an evaluator on a form
8 prescribed by the commissioner. The commissioner shall approve evalu-
9 ators pursuant to this subdivision consistent with the approval process
10 for the multi-disciplinary evaluation component of programs approved
11 pursuant to subdivision nine of this section consistent with regulations
12 adopted pursuant to such subdivision. All school districts are deemed
13 approved evaluators of preschool students suspected of having a disabil-
14 ity without the need to submit an application to the commissioner if
15 staff who provide such evaluation services shall have appropriate licen-
16 sure and/or certification.
17 Such application shall include, but not be limited to, a description
18 of the multi-disciplinary evaluation services proposed to be provided
19 and a demonstration that all agency employees and staff who provide such
20 evaluation services shall have appropriate licensure and/or certif-
21 ication and that the individual who shall have direct supervision
22 responsibilities over such staff shall have an appropriate level of
23 experience in providing evaluation or services to preschool or kinder-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01266-03-7
A. 982--A 2
1 garten-aged children with disabilities. To be eligible for approval as
2 an evaluator under this subdivision on and after July first, two thou-
3 sand eleven, a group of appropriately licensed or certified profes-
4 sionals shall be formed as a limited liability company or professional
5 services corporation established pursuant to article fifteen of the
6 business corporation law, article twelve or thirteen of the limited
7 liability company law or article eight-B of the partnership law. The
8 approval of any groups of licensed or certified professionals that are
9 in existence on July first, two thousand eleven and would not be eligi-
10 ble for approval thereafter shall terminate on July first, two thousand
11 thirteen.
12 (c) The commissioner shall establish a billing and reimbursement
13 system for services provided by school districts and evaluators approved
14 pursuant to the provisions of this subdivision consistent with billing
15 and reimbursement for evaluation services provided by evaluators
16 approved pursuant to the provisions of subdivision nine of this section.
17 § 2. This act shall take effect immediately; provided, however, that
18 the amendments to subdivision 9-a of section 4410 of the education law
19 made by section one of this act shall not affect the repeal of such
20 subdivision and shall be deemed repealed therewith.
