|SAME AS||SAME AS S05568-A|
|COSPNSR||Clark, Titone, Benedetto, Titus, Englebright, Weprin|
|Amd S4410, add S4410-c, Ed L|
|Relates to special education services and programs for preschool children with disabilities; establishes audits by the state comptroller of the expenses reported by program providers of special education services for preschool children with disabilities.|
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STATE OF NEW YORK ________________________________________________________________________ 7302--A 2013-2014 Regular Sessions IN ASSEMBLY May 10, 2013 ___________ Introduced by M. of A. NOLAN -- (at request of the State Comptroller) -- 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 special education services and programs for preschool children with disabilities; to amend the education law, in relation to audits by the state comp- troller of the expenses reported by program providers of special education services for preschool children with disabilities; and directing the department of education to study alternative systems of reimbursement methodologies and monitoring protocols for the tuition and maintenance components of special education services programs for preschool children with disabilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph c of subdivision 4 of section 4410 of the educa- 2 tion law, as amended by chapter 474 of the laws of 1996, is amended to 3 read as follows: 4 c. The documentation of the evaluation shall include all assessment 5 reports and a summary report of the findings of the evaluation on a form 6 prescribed by the commissioner including a detailed statement of the 7 preschool child's individual needs. The summary report shall not make 8 reference to any specific provider of special services or programs. In 9 addition, with the consent of the parents, approved evaluators and 10 committees shall be provided with the most recent evaluation report for 11 a child in transition from programs and services provided pursuant to 12 title two-a of article twenty-five of the public health law. Nothing 13 shall prohibit an approved evaluator or the committee from reviewing 14 other assessments or evaluations to determine if such assessments or 15 evaluations fulfill the requirements of the regulations of the commis- 16 sioner. Notwithstanding any inconsistent provisions of this section, the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10634-08-3A. 7302--A 2 1 committee, in its discretion, may obtain an evaluation of the child from 2 another approved evaluator prior to making any recommendation that would 3 place a child in the approved program that conducted the [ initial] eval- 4 uation of the child. If the committee recommends placing a child in an 5 approved program that also conducted an evaluation of such child it 6 shall indicate in writing that such placement is an appropriate one for 7 the child. In addition, the committee shall provide notice to the 8 commissioner of such recommendation. 9 § 2. Subdivision 9 of section 4410 of the education law is amended by 10 adding a new paragraph g to read as follows: 11 g. As part of an application submitted pursuant to paragraph a of this 12 subdivision, a provider of special services or programs shall certify 13 pursuant to regulations promulgated by the commissioner that it will 14 take measures to ensure its executive director or person performing the 15 duties of a chief executive officer: (i) meets the criteria established 16 by the commissioner to be an executive director; and (ii) if paid as a 17 full time executive director, he or she is employed in a full time, full 18 year position and shall not engage in activity that would interfere with 19 or impair such executive director's ability to carry out and perform his 20 or her duties, responsibilities and obligations. 21 § 3. The education law is amended by adding a new section 4410-c to 22 read as follows: 23 § 4410-c. Audits of special education services program providers for 24 preschool children with disabilities. 1. Notwithstanding any other 25 provision of law to the contrary and within such funds as are made 26 available for such purpose, the comptroller shall audit the expenses 27 reported to the department by every program provider of special educa- 28 tion services for preschool children with disabilities in the state. 29 Pursuant to a plan developed by the comptroller, such audits shall be 30 conducted in a manner so as to cause every such provider to be audited 31 by the comptroller at least once by March thirty-first, two thousand 32 eighteen. 33 2. a. The priority and frequency of such audits, and any audits 34 conducted thereafter, shall be based upon a risk assessment process 35 conducted by the comptroller which may include investigations of alleged 36 improprieties, previous audit findings and recommendations, or other 37 financial performance indicators. 38 b. In undertaking such audits the comptroller's review shall include, 39 but not be limited to, examining, auditing and evaluating relevant 40 financial documents and records of providers for the particular years 41 included within the scope of the audit. 42 c. All audits shall include any appropriate findings and recommenda- 43 tions of the comptroller regarding the propriety of the amounts reported 44 as expenses to the department as well as any other findings deemed 45 appropriate with respect to the public funding of the special education 46 services. 47 d. The comptroller shall refer any findings of fraud, abuse or other 48 conduct constituting a crime that are uncovered during the course of an 49 audit, as warranted to an appropriate agency or agencies possessing 50 jurisdiction. 51 e. The final audit report resulting from audits performed pursuant to 52 this section shall be posted to the department's internet website and 53 otherwise made available to the public upon request for a period of at 54 least five years. Furthermore, the audited provider shall be required to 55 post the final audit report on its internet website, if any, for a peri- 56 od of five years.A. 7302--A 3 1 f. The comptroller shall inform and advise the governor and the legis- 2 lature in December of each year regarding its audits of expenses 3 reported to the department by program providers of special education 4 services for preschool children with disabilities conducted during the 5 preceding twelve months and regarding any other pertinent information 6 the comptroller deems appropriate. 7 § 4. The legislature finds that special education services programs 8 for preschool children with disabilities have been susceptible to fraud 9 and abuse. Therefore, the New York state department of education is 10 hereby directed to conduct a comprehensive study of alternative systems 11 of reimbursement methodologies and monitoring protocols for the tuition 12 and maintenance components of special education services programs for 13 preschool children with disabilities. 14 The results of the study shall be published no later than one year 15 following the effective date of this act. A copy of the results of such 16 study shall be submitted to the governor, the state comptroller, the 17 temporary president of the senate and the speaker of the assembly. 18 § 5. This act shall take effect immediately; provided, however, that 19 sections one and two of this act shall take effect on the one hundred 20 twentieth day after it shall have become a law; provided, further, that 21 effective immediately the addition, amendment and/or repeal of any rule 22 or regulation necessary for implementation of this act on its effective 23 date is authorized to be made on or before such effective date.