NY State Assembly Bill 2009-A10497

Assembly Bill A10497

2009-2010 Legislative Session

Relates to identifying the incidence and needs of those affected by autism spectrum disorder in this state and requiring training of education personnel

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 02, 2010	referred to education

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2009-A10497 (ACTIVE) - Details

See Senate Version of this Bill:: S957
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §4402, Ed L; amd §95-e, St Fin L

2009-A10497 (ACTIVE) - Summary

Relates to identifying the incidence and needs of those affected by autism spectrum disorder in this state and requiring training of education personnel.

2009-A10497 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10497

TITLE OF BILL:
An act to amend the education law and the state finance law, in relation
to identifying the incidence and needs of those affected by autism spec-
trum disorder in this state and requiring training of education person-
nel

PURPOSE OR GENERAL IDEA OF BILL:
This bill relates to identifying the incidence of the needs of those
affected by autism spectrum disorder in New York and requiring training
of education personnel.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Requires the NYS Department of Health, Office of Mental
Health, the Office of Mental Retardation and Developmental Disabilities.
The Commission on Quality Care and Advocacy for Persons with Disabili-
ties, and the State Education Department to work with local entities to
engage in a statewide study on the incidences of autism spectrum disor-
ders and provide a report with findings one year later.  This study
shall include: clinical observations, environmental factors, number of
children receiving services, educational records, and other relevant
topics.

Section 2. Amends Section 4402 of the Education Law by adding anew
subdivision 8 that would provide and require the board of education or

trustees of each school district and the City of New York school
district have a program of education and training for school district
personnel including teachers, para-professionals, custodians and bus
drivers on the specific needs of children with autism spectrum disor-
ders. This training may be provided through a board of cooperative
education services or in conjunction other districts.

Section 3. Subdivision 3 of Section 95-e of the state finance law is
amended to also include outreach programs for school districts and
community organizations which provide after school programs, social
event and summer camp programs for children and families of children
with autism spectrum disorders.

JUSTIFICATION:
The incidences of children with autism spectrum disorders are on the
rise in New York State. It costs more to educate a child with these
disorders and some children are not placed in the correct educational
setting due to incorrect diagnosis, the shift in classifications and the
inability of school districts to properly educate these children.

This legislation provides for a statewide study to find out how many
children have autism spectrum disorders and identifying their specific
needs. This study would provide true data to help identify the chal-
lenges facing school districts, in order to help schools and families

meet these needs. It is hard to get parents and schools the right
assistance if we don't know how many children are affected.

This bill would also provide education and training of school district
personnel (teachers, paraprofessionals, custodians, bus drivers) on the
specific needs of children with autism spectrum disorders and ways to
approach and properly treat these children. The training could come from
BOCES or be shared by districts that may already have this type of
training in place.

In addition the bill would provide school districts and community
outreach group grants for social and family needs of the children with
autism spectrum disorders. Basically, to provide after-school programs,
weekend events (a place for them to go and be with other families
affected by autism) and summer camp programs. This would assist the
parents and the children by giving them a social outlet and down-time
for the parents. This money would come from the fund set-up in 2004 for
autism awareness projects and research.

This legislation will go a long way in identifying, educating and
providing helpful outreach programs for children, families and school
districts facing the many challenges presented by autism spectrum disor-
ders.

PRIOR LEGISLATIVE HISTORY:
2007-08: S.7595 Referred to Education

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2009-A10497 (ACTIVE) - Bill Text download pdf

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

                                  10497

                          I N  A S S E M B L Y

                              April 2, 2010
                               ___________

Introduced  by  M.  of  A. HYER-SPENCER -- read once and referred to the
  Committee on Education

AN ACT to amend the education law and the state finance law, in relation
  to identifying the incidence and needs of  those  affected  by  autism
  spectrum  disorder  in  this state and requiring training of education
  personnel

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

  Section 1. 1. The department of health, in conjunction with the office
of  mental  health,  the  office of mental retardation and developmental
disabilities, the commission on quality care and  advocacy  for  persons
with  disabilities  and  the state education department shall collabora-
tively with local entities engage in a study of the incidences of autism
spectrum disorders in New York state. Such study  shall  include  recent
clinical  observations in children diagnosed with autism spectrum disor-
ders, environmental factors associated with autism  spectrum  disorders,
the number of children currently receiving services, educational records
of  affected  students  and  any  other topic related to autism spectrum
disorders which are deemed relevant.
  2. Not later than one year after the effective date of this  act,  the
department of health shall prepare a report setting forth and evaluating
the  findings  of  the study. Such report shall include, but need not be
limited to:
  (a) an assessment of the extent of  the  rising  incidence  of  autism
spectrum disorders;
  (b)  an  assessment and suggestion for improving available options for
persons diagnosed with autism spectrum disorders; and
  (c) an assessment of the success of any local  or  statewide  programs
which  are  engaged  in  the  study  and/or treatment of autism spectrum
disorders.
  S 2. Section 4402 of the education law is  amended  by  adding  a  new
subdivision 8 to read as follows:
  8.  THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK SHALL PROVIDE AND REQUIRE A

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

                                                           LBD05970-01-9

A. 10497                            2

PROGRAM OF EDUCATION AND TRAINING FOR SCHOOL DISTRICT PERSONNEL  INCLUD-
ING  TEACHERS,  PARA-PROFESSIONALS,  CUSTODIANS  AND  BUS DRIVERS ON THE
SPECIFIC NEEDS OF CHILDREN WITH AUTISM SPECTRUM DISORDERS. SUCH PROGRAMS
SHALL  INCLUDE INSTRUCTION IN THE SPECIFIC NEEDS OF CHILDREN WITH AUTISM
SPECTRUM  DISORDERS  AND  METHODS  OF  PROPERLY  INTERACTING  WITH  SUCH
STUDENTS.  SUCH  TRAINING MAY BE PROVIDED THROUGH A BOARD OF COOPERATIVE
EDUCATION SERVICES, THROUGH PROGRAMS  PROVIDED  BY  OTHER  DISTRICTS  OR
OTHER APPROVED PROGRAMS.
  S  3. Subdivision 3 of section 95-e of the state finance law, as added
by chapter 301 of the laws of 2004, is amended to read as follows:
  3. (a) Monies of the fund shall be expended only for autism  awareness
projects  [or], autism research projects OR OUTREACH PROGRAMS FOR SCHOOL
DISTRICTS  AND  COMMUNITY  ORGANIZATIONS  WHICH   PROVIDE   AFTER-SCHOOL
PROGRAMS,  SOCIAL  EVENT AND SUMMER CAMP PROGRAMS FOR CHILDREN AND FAMI-
LIES OF CHILDREN WITH AUTISM SPECTRUM DISORDERS approved by the  depart-
ment  of  health  in New York state provided, however, that no more than
ten percent of monies from such fund shall be expended on the  aggregate
number of autism research projects approved in a fiscal year.
  (b)  As used in this section, the term "autism research project" means
scientific research approved by the department of health into the causes
and/or treatment of autism, and  the  term  "autism  awareness  project"
means  a  project  approved  by  the  department  of health aimed toward
educating the general public about the causes, symptoms, and  treatments
of  autism.  THE TERM "AUTISM SPECTRUM DISORDER" MEANS A NEUROBIOLOGICAL
CONDITION THAT INCLUDES AUTISM, ASPERGER SYNDROME, RETT'S  SYNDROME,  OR
PERVASIVE DEVELOPMENTAL DISORDER.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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Assembly Bill A10497

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Sponsored By

HYER-SPENCER

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Michael Benedetto

Kevin Cahill

Alan Maisel

Joan Millman

multi-Sponsors

William A. Barclay

Daniel Burling

Gary Finch

Dennis H. Gabryszak

2009-A10497 (ACTIVE) - Details

2009-A10497 (ACTIVE) - Summary

2009-A10497 (ACTIVE) - Sponsor Memo

2009-A10497 (ACTIVE) - Bill Text download pdf

Comments