Bill Text: NY A00982 | 2017-2018 | General Assembly | Amended


Bill Title: Establishes that all school districts are approved evaluators of preschool students suspected of having a disability.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-06-08 - substituted by s1694a [A00982 Detail]

Download: New_York-2017-A00982-Amended.html


                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.
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