S T A T E   O F   N E W   Y O R K
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                                  2426

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2011
                               ___________

Introduced  by M. of A. PRETLOW, BRENNAN, GALEF, CLARK, GUNTHER, JACOBS,
  WRIGHT -- 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.
                                                           LBD02467-01-1
              

A. 2426                             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.