STATE OF NEW YORK ________________________________________________________________________ 4756--B 2017-2018 Regular Sessions IN SENATE February 27, 2017 ___________ Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 Basis 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 Basis Educational Data System 5 (BEDS) code to a non-public school, the non-public school shall be 6 required to submit to the commissioner, at minimum, valid copies of the 7 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04302-04-8S. 4756--B 2 1 2. Nothing in this section shall limit the commissioner's authority to 2 require additional documentation from non-public schools as deemed 3 necessary. 4 3. On or before December thirty-first, two thousand nineteen, all 5 non-public schools that currently have a Basis Educational Data System 6 (BEDS) code regardless of when it was first issued shall provide the 7 valid copies of the items pursuant to subdivision one of this section to 8 the department. A failure to provide these documents by December thir- 9 ty-first, two thousand nineteen will result in reimbursements to the 10 non-public school being withheld and if not received within ninety days, 11 at the discretion of the commissioner, can result in a revocation of the 12 school's Basis Educational Data System (BEDS) code, provided that the 13 non-public school is afforded the right to be heard by the commissioner. 14 § 2. This act shall take effect immediately.