S T A T E   O F   N E W   Y O R K
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                                  2473

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by  M.  of A. PRETLOW, BRENNAN, DIAZ, GALEF, CLARK, GUNTHER,
  JACOBS, WRIGHT, FIELDS -- Multi-Sponsored by -- M. of A. TOWNS -- read
  once and referred to the Committee on Education

AN ACT to amend the education law, in relation to the payment for health
  services for children attending school outside of their district

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 912 of the education law, as amended by chapter 477
of the laws of 2004, is amended to read as follows:
  S 912. Health  and welfare services to all children. The voters and/or
trustees or board of education of  every  school  district  shall,  upon
request  of the authorities of a school other than public, provide resi-
dent children who attend such school with any or all of the  health  and
welfare  services and facilities which are made available by such voters
and/or trustees or board of education to or for children  attending  the
public  schools  of the district. Such services may include, but are not
limited to all services performed by a physician,  physician  assistant,
dentist,  dental hygienist, registered professional nurse, nurse practi-
tioner, school psychologist, school social worker or school speech ther-
apist, and may also  include  dental  prophylaxis,  vision  and  hearing
screening examinations, the taking of medical histories and the adminis-
tration  of health screening tests, the maintenance of cumulative health
records and the administration of emergency care  programs  for  ill  or
injured  students.  Any such services or facilities shall be so provided
notwithstanding any provision of any charter or other provision  of  law
inconsistent  herewith.  Where  children residing in one school district
attend a school other than public located in  another  school  district,
the  school authorities of the district of residence shall contract with
the school authorities of the district where such  nonpublic  school  is
located,  for  the  provision  of  such  health and welfare services and
facilities to such children by the school district where such  nonpublic

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02167-01-9
              

A. 2473                             2

school is located, for a consideration, NO GREATER THAN THAT PAID BY THE
DISTRICT  OF RESIDENCE, to be agreed upon between the school authorities
of such districts, subject to the approval of the  qualified  voters  of
the  district  of  residence  when required under the provisions of this
chapter. Every such contract  shall  be  in  writing  and  in  the  form
prescribed by the commissioner, and before such contract is executed the
same  shall  be  submitted for approval to the superintendent of schools
having jurisdiction over such district of residence  and  such  contract
shall not become effective until approved by such superintendent.
  S  2.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.