NY State Senate Bill 2009-S957

Senate Bill S957

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 Senate Committee Education 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Jan 22, 2009	referred to education

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2009-S957 (ACTIVE) - Details

See Assembly Version of this Bill:: A10497
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §4402, Ed L; amd §95-e, St Fin L

2009-S957 (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-S957 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S957

 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 spectrum disorder in this state and requiring training of
education personnel


 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 Disabilities, and the State Education Department to work with
local entities to engage in a statewide study on the incidences of
autism spectrum disorders 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
disorders. 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
challenges 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
disorders.

 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-S957 (ACTIVE) - Bill Text download pdf

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

                                   957

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sens.  C. JOHNSON,  DIAZ, DUANE, ONORATO, PARKER -- read
  twice and ordered printed, and when printed to  be  committed  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05970-01-9

S. 957                              2

  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
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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