Requires private schools to provide to the commissioner of education copies of certain documents prior to receipt of apportionment funds or a Basic Educational Data System code.
STATE OF NEW YORK
________________________________________________________________________
5664
2019-2020 Regular Sessions
IN SENATE
May 10, 2019
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to requiring private
schools to provide to the commissioner of education copies of their
current certificate of occupancy and most recent fire safety report
prior to receipt of apportionment funds or a Basic Educational Data
System code
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 409-m
2 to read as follows:
3 § 409-m. Non-public school building requirements in relation to health
4 and safety. 1. Prior to the issuance of a Basic Educational Data System
5 (BEDS) code to a non-public school and annually thereafter, the non-
6 public school shall be required to submit to the commissioner, at mini-
7 mum, valid copies of the following:
8 (a) a certificate of incorporation or a charter issued by the board of
9 regents;
10 (b) a current certificate of occupancy and use issued by the munici-
11 pality where the school buildings are located;
12 (c) a recent fire inspection completed by an eligible authority pursu-
13 ant to subdivision three of section eight hundred seven-a of this title;
14 (d) a statement of the maximum capacity of the building being used for
15 educational purposes as set by the local government; and
16 (e) a list of additional occupants at the same address that is a
17 registered non-public school.
18 2. Nothing in this section shall limit the commissioner's authority to
19 require additional documentation from non-public schools as deemed
20 necessary.
21 3. On or before December thirty-first, two thousand twenty, all non-
22 public schools that currently have a Basic Educational Data System
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01194-01-9
S. 5664 2
1 (BEDS) code regardless of when it was first issued shall provide the
2 department with valid copies of the items pursuant to subdivision one of
3 this section as part of an annual recertification. A failure to provide
4 these documents by December thirty-first, two thousand twenty and each
5 year thereafter will result in reimbursements to the non-public school
6 being withheld and if not received within ninety days, at the discretion
7 of the commissioner, can result in a revocation of the school's Basic
8 Educational Data System (BEDS) code, provided that the non-public school
9 is afforded the right to be heard by the commissioner.
10 § 2. This act shall take effect immediately. Effective immediately the
11 addition, amendment and/or repeal of any rule or regulation necessary
12 for the implementation of this act on its effective date are authorized
13 to be made on or before such date.
