Bill Text: NY A02949 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-07-15 - enacting clause stricken [A02949 Detail]

Download: New_York-2023-A02949-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2949

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2023
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred 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-n
     2  to read as follows:
     3    § 409-n. 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-four, all
    22  non-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.
                                                                   LBD07001-01-3
        A. 2949                             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-four and
     5  each year thereafter will result in  reimbursements  to  the  non-public
     6  school  being  withheld  and  if not received within ninety days, at the
     7  discretion of the commissioner,  can  result  in  a  revocation  of  the
     8  school's  Basic  Educational  Data System (BEDS) code, provided that the
     9  non-public school is afforded the right to be heard by the commissioner.
    10    § 2. This act shall take effect immediately.