Rpld §4402 sub 1 ¶b sub¶ 3 clause (h), amd Ed L, generally; amd §6-0107, En Con L; amd §375, V & T L; rpld
§353 sub 15, Exec L
 
Relates to establishing 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; relates to eliminating 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; relates to giving school districts or boards of cooperative educational services the option of advertising procurement bids in the state's opportunities newsletter; amends the environmental conservation law, in relation to state smart growth public infrastructure criteria; amends the vehicle and traffic law, in relation 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 of the executive law relating to the duties of the state director of the division of veterans' affairs; repeals certain provisions of the education law relating to reports on certain children of Vietnam veterans; authorizes capital outlays for a school construction project less than $250,000; state aid adjustments for prior years; and payment schedules for multi-year recoveries for state aid and extensions for late filings of transportation contracts; authorizes school districts to lease space not located within the school district, and ratifies certain acts in connection with final cost reports filed with the state education department for each project for which a certificate of substantial completion was and/or is issued on or after April 1, 1995, where a final cost report was not submitted by June 30th of the school year in which the certificate of substantial completion of the project was issued by the architect or engineer, or six months after issuance of such certificate.
STATE OF NEW YORK
________________________________________________________________________
7290
2019-2020 Regular Sessions
IN ASSEMBLY
April 18, 2019
___________
Introduced by M. of A. STERN -- (at request of the State Education
Department) -- read once and referred to the Committee on Education
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;
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 feder-
al motor vehicle 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 subdivi-
sion 15 of section 353 of the executive law relating to the duties of
the state director of the division of veterans' affairs; to repeal
clause (h) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law relating to reports on certain chil-
dren of Vietnam veterans; to authorize capital outlays for a school
construction project less than $250,000; state aid adjustments for
prior years; and payment schedules for multi-year recoveries for state
aid and extensions for late filings of transportation contracts; to
authorize school districts to lease space not located within the
school district, and to ratify certain acts in connection with final
cost reports filed with the state education department for each
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10249-02-9
A. 7290 2
project for which a certificate of substantial completion was and/or
is issued on or after April 1, 1995, where a final cost report was not
submitted by June 30th of the school year in which the certificate of
substantial completion of the project was issued by the architect or
engineer, or six months after issuance of such certificate
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 each
5 year is hereby made and declared to be known as Conservation day, and
6 observed in accordance with the provisions of this chapter, except that
7 for the year nineteen hundred seventy-eight, Conservation day shall be
8 May third.
9 2. It shall be the duty of the authorities of every public school in
10 this state to assemble the pupils in their charge on that day in the
11 school building, or elsewhere, as they may deem proper, and to provide
12 for and conduct (1) such exercises as shall tend to encourage the plant-
13 ing, protection and preservation of trees and shrubs, and an acquaint-
14 ance with the best methods to be adopted to accomplish such results, and
15 (2) such lectures, pictures or tours, as shall tend to increase the
16 interest and knowledge of such pupils in the fish and wild life, soil
17 and water of the state.
18 3. The commissioner of education may prescribe from time to time a
19 course of exercises and instruction in the subjects hereinbefore
20 mentioned, which shall be adopted and observed by the public school
21 authorities on Conservation day. Upon receipt of copies of such course
22 sufficient in number to supply all the schools under their supervision,
23 the school authorities aforesaid shall promptly provide each of the
24 schools 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
A. 7290 3
1 shall order the board of education or trustee of the district to seek,
2 obtain and consider new proposals. All proposals for such transporta-
3 tion, maintenance, mobile instructional units, or cafeteria and restau-
4 rant service shall be in such form as the commissioner may prescribe.
5 Advertisement for bids shall be published in a newspaper or newspapers
6 designated by the board of education or trustee of the district having
7 general circulation within the district for such purpose or in the
8 state's procurement opportunities newsletter in accordance with article
9 four-C of the economic development law. Such advertisement shall contain
10 a statement of the time when and place where all bids received pursuant
11 to such advertisement will be publicly opened and read either by the
12 school authorities or by a person or persons designated by them. All
13 bids received shall be publicly opened and read at the time and place so
14 specified. At least five days shall elapse between the first publication
15 of such advertisement and the date so specified for the opening and
16 reading of bids. The requirement for competitive bidding shall not apply
17 to an award of a contract for the transportation of pupils or a contract
18 for mobile instructional units or the provision, maintenance and opera-
19 tion of cafeteria or restaurant service, if such award is based on an
20 evaluation of proposals in response to a request for proposals pursuant
21 to paragraph e of this subdivision. The requirement for competitive
22 bidding shall not apply to annual, biennial, or triennial extensions of
23 a contract nor shall the requirement for competitive bidding apply to
24 quadrennial or quinquennial year extensions of a contract involving
25 transportation of pupils, maintenance of school buses or mobile instruc-
26 tional units secured either through competitive bidding or through eval-
27 uation of proposals in response to a request for proposals pursuant to
28 paragraph e of this subdivision, when such extensions (1) are made by
29 the board of education or the trustee of a district, under rules and
30 regulations prescribed by the commissioner, and, (2) do not extend the
31 original contract period beyond five years from the date cafeteria and
32 restaurant service commenced thereunder and in the case of contracts for
33 the transportation of pupils, for the maintenance of school buses or for
34 mobile instructional units, that such contracts may be extended, except
35 that power is hereby vested in the commissioner, in addition to his or
36 her existing statutory authority to approve or disapprove transportation
37 or maintenance contracts, (i) to reject any extension of a contract
38 beyond the initial term thereof if he or she finds that amount to be
39 paid by the district to the contractor in any year of such proposed
40 extension fails to reflect any decrease in the regional consumer price
41 index for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index
42 for all urban consumers (CPI-U) during the preceding twelve month peri-
43 od; and (ii) to reject any extension of a contract after ten years from
44 the date transportation or maintenance service commenced thereunder, or
45 mobile instructional units were first provided, if in his or her opin-
46 ion, the best interests of the district will be promoted thereby. Upon
47 such rejection of any proposed extension, the commissioner may order the
48 board of education or trustee of the district to seek, obtain and
49 consider bids pursuant to the provisions of this section. The board of
50 education or the trustee of a school district electing to extend a
51 contract as provided herein, may, in its discretion, increase the amount
52 to be paid in each year of the contract extension by an amount not to
53 exceed the regional consumer price index increase for the N.Y.,
54 N.Y.-Northeastern, N.J. area, based upon the index for all urban consum-
55 ers (CPI-U), during the preceding twelve month period, provided it has
56 been satisfactorily established by the contractor that there has been at
A. 7290 4
1 least an equivalent increase in the amount of his or her cost of opera-
2 tion, during the period of the contract.
3 § 3. Paragraph e of subdivision 14 of section 305 of the education
4 law, as amended by chapter 464 of the laws of 1997, is amended to read
5 as follows:
6 e. Notwithstanding the provisions of any general, special or local law
7 or charter, a board of education or a trustee of a district, pursuant to
8 rules and regulations promulgated by the commissioner, may award a
9 contract for the transportation of pupils or a contract for mobile
10 instructional units or for the provision, maintenance and operation of
11 cafeteria or restaurant service by a private food service management
12 company involving an annual expenditure in excess of the amount speci-
13 fied for purchase contracts in the bidding requirements of the general
14 municipal law in compliance with the provisions of paragraph a of this
15 subdivision or subsequent to an evaluation of proposals submitted in
16 response to a request for proposals prepared by or for the board of
17 education or trustee of a district. A contract awarded through a request
18 for proposals shall be awarded based on best value in accordance with
19 section one hundred three of the general municipal law. The commission-
20 er, in addition to his or her existing statutory authority to approve or
21 disapprove transportation contracts, may reject any award of a transpor-
22 tation contract or a contract for mobile instructional units that is
23 based on an evaluation of proposals submitted in response to a request
24 for proposals if he or she finds that (1) the contractor is not the most
25 responsive to the request for proposals, or (2) that the best interests
26 of the district will be promoted thereby.
27 § 4. Subdivision 1 of section 6-0107 of the environmental conservation
28 law, as added by chapter 433 of the laws of 2010, is amended to read as
29 follows:
30 1. In addition to meeting other criteria and requirements of law
31 governing approval, development, financing and state aid for the
32 construction of new or expanded public infrastructure or the recon-
33 struction thereof, no state infrastructure agency shall approve, under-
34 take, support or finance a public infrastructure project, including
35 providing grants, awards, loans or assistance programs, unless, to the
36 extent practicable, it is consistent with the relevant criteria speci-
37 fied in subdivision two of this section. Notwithstanding the provisions
38 of this subdivision or any other provision of this article to the
39 contrary, projects for the reconstruction, renovation, repair or
40 improvement of existing public school facilities or existing library
41 facilities, and projects for the construction of new or expanded public
42 school or library facilities in cities having a population of one
43 hundred twenty-five thousand inhabitants or more, shall not be deemed
44 public infrastructure projects subject to the requirements of this arti-
45 cle.
46 § 5. Subparagraph 1 of paragraph (b) and paragraphs (c) and (d) of
47 subdivision 20 of section 375 of the vehicle and traffic law, subpara-
48 graph 1 of paragraph (b) as amended by chapter 242 of the laws of 1992,
49 paragraph (c) as amended by chapter 96 of the laws of 1973 and paragraph
50 (d) as amended by chapter 567 of the laws of 1985, are amended to read
51 as follows:
52 (1) In addition to such signal lamps, two signs shall be conspicuously
53 displayed on the exterior of every such omnibus designating it as a
54 school omnibus by the use of the words "SCHOOL BUS" which shall be
55 painted or otherwise inscribed thereon in black letters. Such letters
56 shall be of uniform size, at least eight inches in height, and each
A. 7290 5
1 stroke of each letter shall be not less than one inch in width. The
2 background of each such sign shall be painted [the color known as
3 "national school bus chrome."] on a background of retro reflective
4 national school bus yellow material. The material shall be the same
5 quality and type as federal motor vehicle safety standards require for
6 the marking of emergency exits. For each such omnibus having a seating
7 capacity in excess of fifteen children, such signs shall be securely
8 mounted on top of such vehicle, one of which shall be affixed on the
9 front and one on the rear thereof. For each such omnibus having a seat-
10 ing capacity of not more than fifteen children, such signs shall be
11 securely mounted on top of such vehicle, one of which shall face the
12 front and one of which shall face the rear thereof. Each such sign shall
13 be visible and readable from a point at least two hundred feet distant.
14 (c) [In the event such vehicle is operated on a public highway during
15 the period between one-half hour after sunset and one-half hour before
16 sunrise, the signs required by paragraph (b) of this subdivision shall
17 be illuminated as to be visible from a point at least five hundred feet
18 distant.
19 (d)] Every such omnibus shall be equipped as provided in paragraphs
20 (a) and (b) of this subdivision, [and such signs shall be displayed and
21 illuminated in accordance with paragraphs (b) and (c) of this subdivi-
22 sion,] and such signal lamps shall be operated as provided in paragraph
23 (a) of this subdivision at all times when such omnibus shall be engaged
24 in transporting pupils to and from school or school activities or in
25 transporting children to and from child care centers maintained for
26 children of migrant farm and food processing laborers, or in transport-
27 ing children to and from camp or camp activities or transporting chil-
28 dren to and from religious services or instruction or transporting
29 persons with disabilities on any such omnibus used by any state facility
30 or not-for-profit agency licensed by the state.
31 § 6. Subdivision 15 of section 353 of the executive law is REPEALED.
32 § 7. The commissioner of education, in consultation with the office of
33 the state comptroller, shall conduct a study of the feasibility and
34 desirability of authorizing school districts and boards of cooperative
35 educational services to enter national credit card contracts as a cost-
36 saving measure, with appropriate safeguards. The commissioner of educa-
37 tion shall submit a report to the board of regents, the governor and the
38 legislature by no later than January 15, 2020, with recommendations on
39 whether and under what conditions such credit card contracts should be
40 authorized and identifying any legislative or regulatory changes that
41 would be needed to authorize such credit card contracts.
42 § 8. Paragraph a of subdivision 1 and paragraph a and subparagraph 1
43 of paragraph b of subdivision 2 of section 3602-c of the education law,
44 paragraph a of subdivision 1 as amended by chapter 474 of the laws of
45 2004, paragraph a and subparagraph 1 of paragraph b of subdivision 2 as
46 amended by chapter 378 of the laws of 2007, are amended and a new para-
47 graph e is added to subdivision 2 to read as follows:
48 a. "Services" shall mean instruction in the areas of gifted pupils,
49 career education and education for students with disabilities, and coun-
50 seling, psychological and social work services related to such instruc-
51 tion provided during the regular school year for pupils enrolled in a
52 nonpublic school located in a school district, including special educa-
53 tion programs and related services as defined in subdivision two of
54 section forty-four hundred one of this chapter other than an approved
55 private residential or non-residential school for the education of
56 students with disabilities, provided that such instruction is given to
A. 7290 6
1 pupils enrolled in the public schools of such district. Such term shall
2 also include education for students with disabilities enrolled in such a
3 nonpublic school which is provided in July and August in accordance with
4 paragraph e of subdivision two of this section.
5 a. Boards of education of all school districts of the state shall
6 furnish services to students who are residents of this state and who
7 attend nonpublic schools located in such school districts, upon the
8 written request of the parent or person in parental relation of any such
9 student. Such a request for career education or services to gifted
10 students shall be filed with the board of education of the school
11 district in which the parent or person in parental relation of the
12 student resides on or before the first day of June preceding the school
13 year for which the request is made. In the case of education for
14 students with disabilities, such a request shall be filed with the trus-
15 tees or board of education of the school district of location on or
16 before the first of [June] April preceding the school year for which the
17 request is made[, or by July first, two thousand seven for the two thou-
18 sand seven--two thousand eight school year only,] for those students for
19 whom an individualized education service program was developed and
20 implemented pursuant to this section prior to such date, and on or
21 before the first of June preceding the school year for which the request
22 is made for those students who will be first receiving education for
23 students with disabilities pursuant to this section in the school year
24 for which the request is made or for whom an individualized education
25 service program is first developed and implemented on or after April
26 first and on or before June first; provided that where a student is
27 first identified as a student with a disability after the first day of
28 June preceding the school year for which the request is made, [or thirty
29 days after the chapter of the laws of two thousand seven which amended
30 this paragraph, takes effect where applicable, and prior to the first
31 day of April of such current school year,] such request shall be submit-
32 ted within thirty days after an individualized education service program
33 is developed for such student [is first identified. For students first
34 identified after March first of the current school year, any such
35 request for education for students with disabilities in the current
36 school year that is submitted on or after April first of such current
37 school year, shall be deemed a timely request for such services in the
38 following school year].
39 (1) For the purpose of obtaining education for students with disabili-
40 ties, as defined in paragraph d of subdivision one of this section, such
41 request shall be reviewed by the committee on special education of the
42 school district of location, which shall develop an individualized
43 education service program for the student based on the student's indi-
44 vidual needs in the same manner [and with the same contents] as an indi-
45 vidualized education program. The committee on special education shall
46 assure that special education programs and services are made available
47 to students with disabilities attending nonpublic schools located within
48 the school district on an equitable basis, as compared to special educa-
49 tion programs and services provided to other students with disabilities
50 attending public or nonpublic schools located within the school
51 district, except that such services shall not include the provision of a
52 special class or integrated co-teaching services, as such terms are
53 defined in the regulations of the commissioner, by the school district
54 of location for all or part of the school day. Review of the recommenda-
55 tion of the committee on special education may be obtained by the parent
56 or person in parental relation of the pupil pursuant to the provisions
A. 7290 7
1 of section forty-four hundred four of this chapter; provided that a due
2 process complaint, other than a due process complaint relating to child
3 find requirements brought pursuant to paragraph c of this subdivision,
4 submitted on or after September first, two thousand twelve may be
5 submitted to mediation pursuant to section forty-four hundred four-a of
6 this chapter.
7 e. A nonpublic school student whose disability is severe enough to
8 exhibit the need for a structured learning environment of twelve months
9 duration to maintain developmental levels shall be eligible to receive
10 special education programs and services in July and August in accordance
11 with the individualized education service program developed by the
12 committee on special education of the school district of location and
13 the provisions of section forty-four hundred eight of this chapter.
14 Provided, however, that during a July/August special education program,
15 such services shall not include placement in a special class or inte-
16 grated co-teaching services, as such terms are defined in the regu-
17 lations of the commissioner. Notwithstanding any other provision of law
18 to the contrary, the school district of location shall be eligible for
19 state aid for such services exclusively pursuant to section forty-four
20 hundred eight of this chapter.
21 § 9. Paragraph e of subdivision 2 of section 4002 of the education
22 law, as added by chapter 563 of the laws of 1980, is amended to read as
23 follows:
24 e. Appointment by the commissioner to a state [or state-supported]
25 school in accordance with article [eighty-five,] eighty-seven or eight-
26 y-eight of this chapter or enrollment in a state-supported school in
27 accordance with article eighty-five of this chapter.
28 § 10. Subdivision 2 of section 4201 of the education law is amended to
29 read as follows:
30 2. It shall be the duty of the commissioner:
31 a. To inquire into the organization of the several schools and the
32 methods of instruction employed therein.
33 b. To prescribe courses of study and methods of instruction that will
34 meet the requirements of the state for the education of [state] pupils
35 attending such schools.
36 c. [To make appointments of pupils to the several schools, to transfer
37 such pupils from one school to another as circumstances may require; to
38 cancel appointments for sufficient reason.
39 d.] To ascertain by a comparison with other similar institutions
40 whether any improvements in instruction and discipline can be made; and
41 for that purpose to appoint from time to time, suitable persons to visit
42 the schools.
43 [e] d. To suggest to the directors of such institutions and to the
44 legislature such improvements as he or she shall judge expedient.
45 [f] e. To make an annual report to the legislature on all of the
46 matters enumerated in this subdivision and particularly as to the condi-
47 tion of the schools, the improvement of the pupils, and their treatment
48 in respect to board and lodging.
49 § 11. Section 4203 of the education law is amended to read as follows:
50 § 4203. Persons eligible for [appointment] enrollment as pupils to
51 institutions for instruction of the deaf. All deaf children resident in
52 this state, of the age of three years and upwards and of suitable capac-
53 ity, and who shall have been resident in this state for one year imme-
54 diately preceding the application, or, if an orphan, whose nearest
55 friend shall have been resident in this state for one year immediately
56 preceding the application, shall be eligible [to appointment] for
A. 7290 8
1 enrollment as [state] pupils in one of the institutions for the instruc-
2 tion of the deaf of this state, authorized by law to receive such
3 pupils; provided, however, the foregoing requirement as to length of
4 residence in this state may be waived in the discretion of the commis-
5 sioner [of education]. Placement in such institutions shall be recom-
6 mended by the committee on special education, or committee on preschool
7 special education where applicable, of the school district responsible
8 for educating such pupil, and such recommendation may include the
9 provision of special education programs and services in July or August
10 in accordance with the provisions of paragraph a of subdivision two of
11 section forty-four hundred two of this chapter.
12 § 12. Subdivision 3 of section 4204 of the education law, as amended
13 by section 51 of part A of chapter 58 of the laws of 2011, is amended to
14 read as follows:
15 3. The regular term of instruction of any such deaf pupil shall be
16 twelve years, or until the pupil shall have attained the age of eighteen
17 years before the expiration of twelve years from the beginning of such
18 term. The [commissioner] committee on special education may, in [his]
19 its discretion, [extend] recommend an extension of the term of any pupil
20 until [his] the date of the school year in which the pupil's twenty-
21 first birthday occurs and such pupil's eligibility ends pursuant to
22 subdivision five of section forty-four hundred two of this article for
23 the purpose of pursuing or completing academic or vocational courses of
24 study. Such pupils must be recommended by the trustees of the institu-
25 tion in which they are in attendance before the committee recommends
26 that such extension of time [is granted] be made.
27 § 13. Section 4206 of the education law, as amended by chapter 53 of
28 the laws of 1990, is amended to read as follows:
29 § 4206. Persons eligible for [appointment] enrollment as pupils [to]
30 in institutions for instruction of the blind. 1. All blind persons of
31 suitable age and capacity and who shall have been residents in this
32 state for one year immediately preceding the application or, if a minor,
33 whose parent or parents, or, if an orphan, whose nearest friend, shall
34 have been a resident in this state for one year immediately preceding
35 the application, shall be eligible for [appointment] enrollment as
36 [state] pupils to the New York Institute for Special Education in the
37 city of New York or the Lavelle School for the Blind in the city of New
38 York.
39 2. Blind babies and children of the age of fifteen years and under and
40 possessing the other qualifications prescribed in this article and
41 requiring kindergarten training or other special care and instruction,
42 shall be eligible for [appointment] enrollment as [state] pupils [by the
43 commissioner of education at his discretion] in any incorporated insti-
44 tution furnishing approved care, training and instruction for blind
45 babies and children, and any such child may be transferred to the New
46 York Institute for Special Education in the city of New York or the
47 Lavelle School for the Blind in the city of New York, to which he or she
48 would otherwise be eligible for [appointment] enrollment, upon arriving
49 at suitable age[, in the discretion of the commissioner of education].
50 3. [All such appointments shall be made by the commissioner of educa-
51 tion.] The requirement of this section as to length of residence in this
52 state may be waived in the discretion of the commissioner [of educa-
53 tion].
54 4. Placement in such institutions shall be recommended by the commit-
55 tee on special education, or committee on preschool special education
56 where applicable, of the school district responsible for educating such
A. 7290 9
1 pupil, and such recommendation may include the provision of special
2 education programs and services in July or August in accordance with the
3 provisions of paragraph a of subdivision two of section forty-four
4 hundred two of this title.
5 § 14. Subdivisions 3 and 4 of section 4207 of the education law, as
6 amended by section 54 of part A of chapter 58 of the laws of 2011, are
7 amended to read as follows:
8 3. The regular term of instruction of any such blind pupil in the New
9 York Institute for Special Education shall be eight years. The [commis-
10 sioner] committee on special education of the school district responsi-
11 ble for the education of the pupil, with the consent of the trustees of
12 the New York Institute for Special Education, may in [his] its
13 discretion [extend] recommend the extension of the term of any pupil for
14 a period not exceeding three years. It shall also be lawful for the
15 [commissioner] committee to continue such pupils [as state pupils] for
16 an additional period of three years for the purpose of pursuing or
17 completing a course of high school study[; such pupils must be recom-
18 mended by the trustees of the New York Institute for Special Education
19 before such extension is granted].
20 4. The term of appointment for blind babies and children of the age of
21 fifteen years and under received into any institution in accordance with
22 this article shall be at the discretion of the [commissioner] committee
23 on special education or preschool committee on special education of the
24 school district responsible for the education of the student and the
25 trustees of the New York Institute for Special Education.
26 § 15. Section 4213 of the education law, as added by chapter 496 of
27 the laws of 1986, is amended to read as follows:
28 § 4213. Other persons eligible for [appointment] enrollment. In
29 accordance with the provisions of the charter of the New York Institute
30 for Special Education, and amendments thereto, as issued by the board of
31 regents, children with [handicapping conditions] disabilities, other
32 than [handicapping conditions] disabilities which would establish eligi-
33 bility for [appointment] enrollment to the schools enumerated in this
34 article, shall be eligible for [appointment] enrollment to the New York
35 Institute for Special Education as [state] pupils. The provisions of
36 this article shall apply but not necessarily be limited to the [appoint-
37 ment] enrollment, education, maintenance and support of such pupils.
38 Such pupils eligible for [appointment] enrollment, pursuant to this
39 section, shall be persons over five and under twenty-one years of age
40 who have not received a high school diploma.
41 § 16. Paragraph d of subdivision 2 of section 4401 of the education
42 law, as amended by chapter 53 of the laws of 1990, is amended to read as
43 follows:
44 d. Appointment by the commissioner to a state school in accordance
45 with article eighty-seven or eighty-eight of this chapter or enrollment
46 in a state-supported school in accordance with article eighty-five of
47 this chapter.
48 § 17. Subparagraph 2 of paragraph b of subdivision 1 of section 4402
49 of the education law, as amended by chapter 82 of the laws of 1995, is
50 amended to read as follows:
51 (2) Such committees or subcommittees shall identify, review and evalu-
52 ate at least annually, the status of each child with a [handicapping
53 condition] disability and each child thought to [be handicapped] have a
54 disability who resides within the school district. Such review shall
55 consider the educational progress and achievement of the child with a
A. 7290 10
1 [handicapping condition] disability and the child's ability to partic-
2 ipate in instructional programs in regular education.
3 § 18. Subparagraph 2 of paragraph b of subdivision 2 of section 4402
4 of the education law, as amended by chapter 391 of the laws of 1989, is
5 amended to read as follows:
6 (2) The board shall select the most reasonable and appropriate special
7 service or program for such children from those programs specified in
8 paragraphs a, b, c, paragraph d with respect to state supported schools,
9 and paragraphs e, f, g, h, i, k, l and m of subdivision two of section
10 forty-four hundred one of this article upon receipt of the recommenda-
11 tion of the committee on special education. All contracts with schools
12 pursuant to the provisions of paragraphs d, e, f, g, h, l and m of
13 subdivision two of section forty-four hundred one of this article shall
14 be subject to the approval of the commissioner. All contracts under
15 paragraph c of subdivision two of section forty-four hundred one of this
16 article shall be made in accordance with the provisions of subdivision
17 four of section nineteen hundred fifty of this chapter. No child shall
18 be placed in a residential school nor shall a board recommend placement
19 in a residential facility specified in paragraph j of subdivision two of
20 section forty-four hundred one of this article unless there is no appro-
21 priate nonresidential school available consistent with the needs of the
22 child. The board shall provide written notice of its determination to
23 the parent or legal guardian of such child. If the determination of the
24 board of education is not consistent with the recommendations of the
25 committee on special education, such notice shall include the statement
26 of the reasons for such determination which shall identify the factors
27 considered by the committee on special education in its evaluation.
28 § 19. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of
29 section 4402 of the education law is REPEALED.
30 § 20. Subdivision 8 of section 4403 of the education law, as amended
31 by chapter 273 of the laws of 1986, is amended to read as follows:
32 8. To develop and distribute a handbook for parents of [handicapped]
33 children with disabilities and the members of committees and subcommit-
34 tees on special education, which handbook shall explain, in layman
35 terms, the financial and educational obligations of the state, the coun-
36 ty or city, the home school district, the committee on special educa-
37 tion, and the parent or legal guardian of a [handicapped] child with a
38 disability, the special services or programs available pursuant to this
39 article, and the legal procedures available to an aggrieved parent or
40 legal guardian of a [handicapped] child with a disability.
41 § 21. Subdivision 16 of section 4403 of the education law, as amended
42 by section 4 of part E of chapter 501 of the laws of 2012, is amended to
43 read as follows:
44 16. Commencing with the nineteen hundred eighty-seven--eighty-eight
45 school year, to provide for instruction during the months of July and
46 August of students with [handicapping conditions] disabilities who have
47 received state appointments pursuant to article [eighty-five,] eighty-
48 seven or eighty-eight of this chapter, and whose [handicapping condi-
49 tions, in the judgment of the commissioner,] disabilities are severe
50 enough to exhibit the need for a structured learning environment of
51 twelve months duration to maintain developmental levels, by making such
52 appointments for twelve months; provided that the initial term of
53 appointment of a student with a [handicapping condition] disability who
54 is the minimum age eligible for such a state appointment shall not
55 commence during the months of July or August.
A. 7290 11
1 § 22. Clauses (a) and (b) of subparagraph 1 of paragraph b of subdivi-
2 sion 1 of section 4402 of the education law, clause (a) as amended by
3 chapter 311 of the laws of 1999, subclause (viii) of clause (a) as
4 amended by chapter 194 of the laws of 2004, clause (b) as amended by
5 section 1 of chapter 276 of the laws of 2012 and the closing paragraph
6 of clause (b) as amended by chapter 378 of the laws of 2007, are amended
7 to read as follows:
8 (a) Such committees shall be composed of at least the following
9 members: (i) the parents or persons in parental relationship to the
10 student; (ii) one regular education teacher of the student whenever the
11 student is or may be participating in the regular education environment;
12 (iii) one special education teacher of the student, or, if appropriate,
13 a special education provider of the student; (iv) a school psychologist
14 whenever a new psychological evaluation is reviewed or a change to a
15 more restrictive program option, as defined in regulations of the
16 commissioner, is considered; (v) a representative of such school
17 district who is qualified to provide or administer or supervise special
18 education and is knowledgeable about the general curriculum and the
19 availability of resources of the school district; (vi) an individual who
20 can interpret the instructional implications of evaluation results;
21 (vii) [a school physician; (viii)] an additional parent, residing in the
22 school district or a neighboring school district, of a student with a
23 disability, of a student who has been declassified and is no longer
24 eligible for an individualized education program (IEP), or a parent of a
25 disabled child who has graduated, for a period of five years beyond the
26 student's declassification or graduation, provided such parent shall not
27 be employed by or under contract with the school district, and provided
28 further that such additional parent shall not be a required member [if]
29 unless the parents, the student or a member of the committee on special
30 education request that such additional parent member [not] participate
31 in accordance with clause (b) of this subparagraph; [(ix)] (viii) such
32 other persons having knowledge or special expertise regarding the
33 student as the school district or the parents or persons in parental
34 relationship to the student shall designate, to the extent required
35 under federal law; and [(x)] (ix) if appropriate, the student.
36 (b) In determining the composition of such committee pursuant to
37 clause (a) of this subparagraph, a school district may determine that a
38 member appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
39 [(ix)] (viii) of clause (a) of this subparagraph also fulfills the
40 requirement of subclause (vi) of clause (a) of this subparagraph of a
41 member who is an individual who can interpret the instructional impli-
42 cations of evaluation results where such individuals are determined by
43 the school district to have the knowledge and expertise to do so and/or
44 that a member appointed pursuant to subclause (iii) or (iv) of clause
45 (a) of this subparagraph also fulfills the requirement of subclause (v)
46 of clause (a) of this subparagraph of a member who is a representative
47 of the school district. The regular education teacher of the student
48 shall participate in the development, review and revision of the indi-
49 vidualized education program for the student, to the extent required
50 under federal law. [The school physician need not be in attendance at
51 any meeting of the committee on special education unless specifically
52 requested in writing, at least seventy-two hours prior to such meeting
53 by the parents or other person in parental relation to the student in
54 question, the student, or a member of the committee on special educa-
55 tion. The parents or persons in parental relation of the student in
56 question shall receive proper written notice of their right to have the
A. 7290 12
1 school physician attend the meetings of the committee on special educa-
2 tion upon referral of said student to the committee on special education
3 or whenever such committee plans to modify or change the identification,
4 evaluation or educational placement of the student.] The additional
5 parent need not be in attendance at any meeting of the committee on
6 special education unless specifically requested in writing, at least
7 seventy-two hours prior to such meeting by the parents or other person
8 in parental relation to the student in question, the student, or a
9 member of the committee on special education. The parents or persons in
10 parental relation of the student in question shall receive proper writ-
11 ten notice of their right to have an additional parent attend any meet-
12 ing of the committee regarding the student along with a statement,
13 prepared by the department, explaining the role of having the additional
14 parent attend the meeting. The committee shall invite the appropriate
15 professionals most familiar with a student's disability or disabilities
16 to attend any meeting concerning the educational program for such
17 student. Except as otherwise provided in this clause or clause (b-1) or
18 (b-2) of this subparagraph, all members of such committee shall attend
19 meetings of the committee on special education.
20 Members of such committee shall serve at the pleasure of such board
21 and members who are neither employees of nor under contract with such
22 district shall serve without compensation except that such members shall
23 be entitled to a per diem to defray expenses incurred in such service,
24 provided, however, that any expense incurred shall be deemed an aidable
25 operating expense for purposes of state aid.
26 § 23. Clause (b) of subparagraph 1 of paragraph b of subdivision 1 of
27 section 4402 of the education law, as amended by section 2 of chapter
28 276 of the laws of 2012, is amended to read as follows:
29 (b) In determining the composition of such committee pursuant to
30 clause (a) of this subparagraph, a school district may determine that a
31 member appointed pursuant to one of subclause (ii), (iii), (iv), (v) or
32 [(ix)] (viii) of clause (a) of this subparagraph also fulfills the
33 requirement of subclause (vi) of clause (a) of this subparagraph of a
34 member who is an individual who can interpret the instructional impli-
35 cations of evaluation results where such individuals are determined by
36 the school district to have the knowledge and expertise to do so and/or
37 that a member appointed pursuant to subclause (iii) or (iv) of clause
38 (a) of this subparagraph also fulfills the requirement of subclause (v)
39 of clause (a) of this subparagraph of a member who is a representative
40 of the school district. The regular education teacher of the student
41 shall participate in the development, review and revision of the indi-
42 vidualized education program for the student, to the extent required
43 under federal law. [The school physician need not be in attendance at
44 any meeting of the committee on special education unless specifically
45 requested in writing, at least seventy-two hours prior to such meeting
46 by the parents or other person in parental relationship to the student
47 in question, the student, or a member of the committee on special educa-
48 tion. The parents or persons in parental relationship of the student in
49 question shall receive proper written notice of their right to have the
50 school physician attend the meetings of the committee on special educa-
51 tion upon referral of said student to the committee on special education
52 or whenever such committee plans to modify or change the identification,
53 evaluation or educational placement of the student.] The additional
54 parent need not be in attendance at any meeting of the committee on
55 special education unless specifically requested in writing, at least
56 seventy-two hours prior to such meeting by the parents or other person
A. 7290 13
1 in parental relation to the student in question, the student, or a
2 member of the committee on special education. The parents or persons in
3 parental relation of the student in question shall receive proper writ-
4 ten notice of their right to have an additional parent attend any meet-
5 ing of the committee regarding the student along with a statement,
6 prepared by the department, explaining the role of having the additional
7 parent attend the meeting. The committee shall invite the appropriate
8 professionals most familiar with a student's disability or disabilities
9 to attend any meeting concerning the educational program for such
10 student. Members of such committee shall serve at the pleasure of such
11 board and members who are neither employees of nor under contract with
12 such district shall serve without compensation except that such members
13 shall be entitled to a per diem to defray expenses incurred in such
14 service, provided, however, that any expense incurred shall be deemed an
15 aidable operating expense for purposes of state aid.
16 § 24. Paragraph d of subdivision 4 of section 4402 of the education
17 law, as amended by chapter 646 of the laws of 1992, is amended to read
18 as follows:
19 d. Notwithstanding any other provision of law, such board shall
20 provide suitable transportation up to a distance of fifty miles to and
21 from a nonpublic school which a [child] student with a [handicapping
22 condition] disability attends if such [child] student has been so iden-
23 tified by the local committee on special education and such [child]
24 student attends such school for the purpose of receiving services or
25 programs from such nonpublic school that are similar to special [educa-
26 tional programs] education programs and services recommended for such
27 [child] student by the local committee on special education. Notwith-
28 standing any other provision of law to the contrary, a nonpublic student
29 receiving transportation pursuant to this paragraph shall not be enti-
30 tled to special education programs and services from the school district
31 of location pursuant to section thirty-six hundred two-c of this chap-
32 ter. As a condition of eligibility for such transportation, the parent
33 or person in parental relation to the student shall consent to the
34 provision of notice by the school district of residence to the chair-
35 person of the committee on special education of the school district in
36 which the nonpublic school is located identifying such student, by name,
37 address and school of attendance, as a student receiving transportation
38 pursuant to this paragraph. The school district of residence shall
39 provide such notice no later than thirty days after commencing such
40 transportation.
41 § 25. Paragraph a of subdivision 1 of section 4404 of the education
42 law, as amended by chapter 430 of the laws of 2006, is amended to read
43 as follows:
44 a. If the parent or person in parental relation of a student, the
45 board of education or trustees of a school district or a state agency
46 responsible for providing education to students with disabilities
47 presents a complaint with respect to any matter relating to the iden-
48 tification, evaluation or educational placement of the student or the
49 provision of a free appropriate public education to the student or a
50 manifestation determination or other matter relating to placement upon
51 discipline of a student with a disability that may be the subject of an
52 impartial hearing pursuant to subsection (k) of section fourteen hundred
53 fifteen of title twenty of the United States code and the implementing
54 federal regulations, and the party presenting the complaint or their
55 attorney provides a due process complaint notice in accordance with
56 federal law and regulations and such complaint sets forth an alleged
A. 7290 14
1 violation that occurred not more than [two years] one year before the
2 date the parent or public agency knew or should have known about the
3 alleged action that forms the basis for the complaint, or in the case of
4 a complaint seeking tuition reimbursement for the unilateral parental
5 placement of a student in a private school, such tuition claim is
6 presented not more than one hundred eighty days from the placement by
7 the parent or person in parental relation in the private school,
8 provided that the student shall be deemed placed for such purpose on the
9 first day the student is enrolled in and is liable for tuition in the
10 private school, the board or agency shall appoint an impartial hearing
11 officer to review the due process complaint notice when challenged and,
12 if the matter is not resolved in a resolution session that has been
13 convened as required by federal law, to preside over an impartial due
14 process hearing and make a determination within such period of time as
15 the commissioner by regulation shall determine, provided that the board
16 of education or trustees shall offer the parent or person in parental
17 relation the option of mediation pursuant to section forty-four hundred
18 four-a of this article as an alternative to an impartial hearing. Where
19 the parent or person in parental relation or a school district or public
20 agency presents a complaint, the school district or public agency
21 responsible for appointing the impartial hearing officer shall provide
22 the parent or person in parental relation with a procedural safeguards
23 notice as required pursuant to subsection (d) of section fourteen
24 hundred fifteen of title twenty of the United States code and the imple-
25 menting federal regulations. Notwithstanding any provision of this
26 subdivision to the contrary, the time limitation on presenting a
27 complaint shall not apply to a parent or person in parental relation to
28 the student if the parent or person in parental relation was prevented
29 from requesting the impartial hearing due to specific misrepresentations
30 by the school district or other public agency that it had resolved the
31 problem forming the basis of the complaint or due to the school
32 district's or other public agency's withholding of information from the
33 parent or person in parental relation that was required under federal
34 law to be provided. Nothing in this subdivision shall be construed to
35 authorize the board of education or trustees to bring an impartial hear-
36 ing to override the refusal of a parent or person in parental relation
37 to consent where a local educational agency is prohibited by federal law
38 from initiating such a hearing.
39 § 26. Paragraph b of subdivision 4 of section 4410 of the education
40 law, as added by chapter 243 of the laws of 1989, is amended to read as
41 follows:
42 b. Each board shall, within time limits established by the commission-
43 er, be responsible for providing the parent of a preschool child
44 suspected of having a [handicapping condition] disability with a list of
45 approved evaluators in the geographic area. The [parent may select the
46 evaluator from such list] school district shall, after providing the
47 parent with a list of approved preschool evaluators and obtaining parent
48 consent to evaluate, arrange for an evaluation by the service provider
49 selected by the district who can provide the evaluation of the student
50 within the timeline required by the department. In selecting the evalu-
51 ator, the district shall consider the parent's expressed preference, if
52 any, for the evaluator. Each board shall provide for dissemination of
53 the list and other information to parents at appropriate sites including
54 but not limited to pre-kindergarten, day care, head start programs and
55 early childhood direction centers, pursuant to regulations of the
56 commissioner.
A. 7290 15
1 § 27. 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 § 28. 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 subcommittee
17 on special education,] or a committee on preschool special education [or
18 a subcommittee on preschool special education].
19 § 29. 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 be no
39 interest penalty assessed against such district or collected by the
40 state. Such request shall be made to the commissioner in such form as
41 the commissioner shall prescribe, and shall be based on documentation
42 that the total amount to be recovered is in excess of one percent of the
43 district's total general fund expenditures for the preceding school
44 year. The amount to be deducted in the first year shall be the greater
45 of (i) the sum of the amount of such excess payments that is recognized
46 as a liability due to other governments by the district for the preced-
47 ing school year and the positive remainder of the district's unreserved
48 fund balance at the close of the preceding school year less the product
49 of the district's total general fund expenditures for the preceding
50 school year multiplied by five percent, or (ii) one-third of such excess
51 payments. The amount to be recovered in the second year shall equal the
52 lesser of the remaining amount of such excess payments to be recovered
53 or one-third of such excess payments, and the remaining amount of such
54 excess payments shall be recovered in the third year] (ii) in up to ten
55 succeeding school years, as determined by the commissioner in regu-
56 lations, wherein the commissioner shall establish any eligible require-
A. 7290 16
1 ments and/or payment schedule for such multi-year recovery. Provided
2 further that, notwithstanding any other provisions of this subdivision,
3 any pending payment of moneys due to such district as a prior year
4 adjustment payable pursuant to paragraph c of this subdivision for aid
5 claims that had been previously paid as current year aid payments in
6 excess of the amount to which the district is entitled and for which
7 recovery of excess payments is to be made pursuant to this paragraph,
8 shall be reduced at the time of actual payment by any remaining unre-
9 covered balance of such excess payments, and the remaining scheduled
10 deductions of such excess payments pursuant to this paragraph shall be
11 reduced by the commissioner to reflect the amount so recovered. The
12 commissioner shall certify no payment to a school district based on a
13 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: (1) 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 (2)
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 § 30. 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] two hundred fifty thou-
47 sand dollars or less; provided however, that for any district, no more
48 than one project shall be eligible pursuant to this subparagraph for an
49 apportionment within the same school year; and/or
50 § 31. 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. a. Filing of transportation contracts. 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 prior
A. 7290 17
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 § 32. The opening paragraph of subdivision 1 of section 403-b of the
27 education law, as amended by chapter 700 of the laws of 1992, is amended
28 to read as follows:
29 The board of education of any union free or central school district is
30 hereby authorized to enter into a lease with any other union free or
31 central school district providing for the use and occupancy by any such
32 school district of a school building, or a portion thereof, owned by
33 such other school district, provided such lessee school district is
34 within a reasonable distance, as determined by the commissioner, from
35 the lessor school district, subject to the conditions set forth in this
36 subdivision. The board of education of any union free or central school
37 district is hereby authorized to enter into a lease with any person,
38 partnership or corporation for use and occupancy of a building or facil-
39 ity, or a portion thereof, owned by such person, partnership, or corpo-
40 ration for use as a school facility provided that such building or
41 facility is located within the school district and subject to the condi-
42 tions set forth in this subdivision; provided however that a board of
43 education of any union free or central school district may be authorized
44 to enter into a lease with any person, partnership or corporation for
45 use and occupancy of a building or facility, or a portion thereof, owned
46 by such person, partnership, or corporation for use as a school facility
47 when such building or facility is located outside the school district
48 when it is demonstrated to the satisfaction of the commissioner that
49 extenuating circumstances exist which necessitate a lease outside the
50 boundaries of the school district.
51 § 33. Subdivision 7 of section 1709 of the education law, as added by
52 chapter 130 of the laws of 1976, is amended to read as follows:
53 7. To lease, on a temporary basis, necessary space not located on
54 school property and/or is not located within the school district, when
55 the facilities of the district are overcrowded or damaged or destroyed
56 or when it is demonstrated to the satisfaction of the commissioner that
A. 7290 18
1 extenuating circumstances exist which necessitate a lease outside the
2 boundaries of the school district, and to furnish and equip such space
3 for school district use. The use of such space shall be subject to annu-
4 al approval by the commissioner.
5 § 34. All the acts done and proceedings heretofore had or taken or
6 caused to be had or taken by any school district and by all its officers
7 or agents relating to or in connection with final cost reports to be
8 filed with the state education department for each project for which a
9 certificate of substantial completion was and/or is issued on or after
10 April 1, 1995, where a final cost report was not submitted by June 30th
11 of the school year in which the certificate of substantial completion of
12 the project was issued by the architect or engineer, or six months after
13 issuance of such certificate, whichever was later, and all acts inci-
14 dental thereto are hereby legalized, validated, ratified and confirmed,
15 notwithstanding any failure to comply with such approval and filing
16 provisions of the education law, and provided further that any amount
17 due and payable to any such school district for school years prior to
18 the 2019-2020 school year as a result of this act shall be paid pursuant
19 to the provisions of paragraph c of subdivision 5 of section 3604 of the
20 education law.
21 § 35. The education department is hereby directed to consider the
22 approved costs of the aforementioned projects as valid and proper obli-
23 gations of such school districts provided that:
24 (a) such school districts submit an application to the commissioner of
25 education for forgiveness for each project that meets the requirements
26 of this act on a form prescribed by the commissioner of education;
27 (b) such school districts submit the late or missing final cost report
28 to the commissioner of education; and
29 (c) such application must be approved by the commissioner of educa-
30 tion.
31 § 36. This act shall take effect July 1, 2019, provided that if this
32 act shall become a law after such date, it shall take effect immediately
33 and shall be deemed to have been in full force and effect on and after
34 July 1, 2019 and provided further, nothing in section five of this act
35 shall be construed to require the retrofitting of school buses purchased
36 prior to the effective date of this act, and provided further that:
37 (a) the amendments to subdivision 2 of section 3602-c of the education
38 law made by section eight of this act shall not affect the expiration of
39 such subdivision and shall be deemed to expire therewith;
40 (b) the amendments to subparagraph 2 of paragraph b of subdivision 1
41 of section 4402 of the education law made by section seventeen of this
42 act shall take effect upon the expiration and reversion of such subpara-
43 graph pursuant to chapter 352 of the laws of 2005, as amended, takes
44 effect;
45 (c) the amendments to clause (b) of subparagraph 1 of paragraph b of
46 subdivision 1 of section 4402 of the education law made by section twen-
47 ty-two of this act shall be subject to the expiration and reversion of
48 such clause pursuant to chapter 378 of the laws of 2007, as amended,
49 when upon such date the provisions of section twenty-three of this act
50 shall take effect; and
51 (d) the amendments to paragraph a of subdivision 1 of section 4404 of
52 the education law made by section twenty-five of this act shall not
53 affect the expiration of such subdivision and shall be deemed to expire
54 therewith.