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

                                   339

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  PAULIN,  CASTRO, P. RIVERA, COOK, GOTTFRIED,
  JAFFEE, MILLMAN, GALEF -- Multi-Sponsored by  --  M.  of  A.  BOYLAND,
  GABRYSZAK,  GUNTHER, HOOPER, MAYERSOHN, PHEFFER, REILLY, WEISENBERG --
  read once and referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to the provision of eval-
  uations, service coordination services and early intervention  program
  services and to repeal certain provisions of such law relating thereto

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

  Section 1.  Subdivision 6 of section 4410  of  the  education  law  is
REPEALED and a new subdivision 6 is added to read as follows:
  6.  PROFESSIONAL  PRACTICE  ISSUES.  A.  APPROVED PROGRAMS OPERATED BY
PRIVATE PROVIDERS  SHALL  BE  SUBJECT  TO  REGISTRATION  TO  THE  EXTENT
PROVIDED  IN SECTION SIXTY-FIVE HUNDRED THREE-B OF THIS CHAPTER, AND, IF
REQUIRED TO BE  REGISTERED,  SHALL  BE  AUTHORIZED  TO  EMPLOY  LICENSED
PROFESSIONALS OR CONTRACT WITH LICENSED PROFESSIONALS OR ENTITIES LEGAL-
LY  AUTHORIZED  TO PROVIDE PROFESSIONAL SERVICES IN ACCORDANCE WITH SUCH
SECTION SIXTY-FIVE HUNDRED THREE-B.
  B. AN APPROVED PROGRAM MAY BE FORMED AS AN EDUCATION CORPORATION,  OR,
WITH  THE  CONSENT OF THE COMMISSIONER, AS A NOT-FOR-PROFIT CORPORATION,
BUSINESS CORPORATION OR  LIMITED  LIABILITY  COMPANY.  IN  ADDITION,  AN
APPROVED PROGRAM OR GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFES-
SIONALS MAY BE FORMED AS A PROFESSIONAL SERVICE LIMITED LIABILITY COMPA-
NY  OR  AS  A  FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY IN
ACCORDANCE WITH THE APPLICABLE PROVISIONS OF ARTICLES TWELVE  AND  THIR-
TEEN  OF  THE  LIMITED  LIABILITY COMPANY LAW OR AS A REGISTERED LIMITED
LIABILITY PARTNERSHIP IN ACCORDANCE WITH SECTION 121-1500 OF  THE  PART-
NERSHIP  LAW OR AS A NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PART-
NERSHIP IN ACCORDANCE WITH SECTION 121-1502 OF THE PARTNERSHIP  LAW.  AN
APPROVED PROGRAM FORMED AS SUCH A PROFESSIONAL SERVICE LIMITED LIABILITY

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

                                                           LBD02277-01-1

A. 339                              2

COMPANY OR REGISTERED LIMITED LIABILITY PARTNERSHIP MAY BE AUTHORIZED TO
PROVIDE  SPECIAL  EDUCATION  ITINERANT  SERVICES  OR  OTHER  EDUCATIONAL
SERVICES NOT INVOLVING PRACTICE OF A PROFESSION  UNDER  TITLE  EIGHT  OF
THIS  CHAPTER.  AN  APPROVED PROGRAM OR GROUP OF PROFESSIONALS FORMED AS
SUCH A PROFESSIONAL SERVICE  LIMITED  LIABILITY  COMPANY  OR  REGISTERED
LIMITED  LIABILITY PARTNERSHIP MAY CONTRACT WITH INDIVIDUALS LICENSED OR
OTHERWISE AUTHORIZED TO PRACTICE, OR A PROFESSIONAL SERVICE CORPORATION,
PARTNERSHIP OR OTHER ENTITY LEGALLY AUTHORIZED TO PRACTICE, ANY  PROFES-
SION UNDER TITLE EIGHT OF THIS CHAPTER IN WHICH THE COMPANY WOULD NOT BE
AUTHORIZED   TO  PROVIDE  PROFESSIONAL  SERVICES  UNDER  THE  APPLICABLE
PROVISIONS OF SECTION TWELVE HUNDRED THREE OR SUBDIVISION (A) OF SECTION
THIRTEEN HUNDRED ONE OF THE LIMITED LIABILITY  COMPANY  LAW  OR  SECTION
121-1500  OR 121-1502 OF THE PARTNERSHIP LAW, SOLELY FOR THE PURPOSES OF
CONDUCTING  A  MULTI-DISCIPLINARY  EVALUATION  OF  A   PRESCHOOL   CHILD
SUSPECTED  OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A DISABILITY
OR PROVIDING RELATED SERVICES SPECIFIED IN THE INDIVIDUALIZED  EDUCATION
PROGRAM OF A PRESCHOOL CHILD.
  C.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
EXEMPTION IN SUBDIVISION TWO OF SECTION EIGHTY-TWO HUNDRED SEVEN OF THIS
CHAPTER SHALL APPLY  TO  PERSONS  EMPLOYED  BY  A  CENTER-BASED  PROGRAM
APPROVED  PURSUANT  TO  SUBDIVISION  NINE OF THIS SECTION TO PERFORM THE
DUTIES OF A SPEECH-LANGUAGE PATHOLOGIST,  AUDIOLOGIST,  TEACHER  OF  THE
SPEECH  AND HEARING IMPAIRED OR TEACHER OF THE DEAF TO STUDENTS ENROLLED
IN SUCH APPROVED CENTER-BASED PROGRAM IN THE COURSE OF THEIR EMPLOYMENT.
  D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
EXEMPTION IN SUBDIVISION ONE OF SECTION SEVENTY-SIX HUNDRED FIVE OF THIS
CHAPTER  SHALL  APPLY  TO  PERSONS  EMPLOYED  BY  A CENTER-BASED PROGRAM
APPROVED PURSUANT TO SUBDIVISION  NINE  OF  THIS  SECTION  AS  A  SCHOOL
PSYCHOLOGIST  TO  PROVIDE  ACTIVITIES,  SERVICES  AND  USE  OF THE TITLE
PSYCHOLOGIST TO STUDENTS ENROLLED IN SUCH APPROVED CENTER-BASED  PROGRAM
IN THE COURSE OF THEIR EMPLOYMENT.
  S 2. Paragraphs b and d of subdivision 9 of section 4410 of the educa-
tion  law, as amended by chapter 705 of the laws of 1992, are amended to
read as follows:
  b. As part of an application submitted pursuant to paragraph a of this
subdivision, a provider of special services or programs shall  submit  a
description  of  its  multi-disciplinary  evaluation  component, if any,
which shall be subject to the approval of the commissioner in accordance
with regulations adopted for such purpose after  consultation  with  the
appropriate  advisory  committee. Such components or program may rely in
part on formal written agreements  or  affiliations  with  appropriately
certified  or licensed professionals, or agencies employing such profes-
sionals, provided that such  professionals  or  agencies  perform  their
responsibilities in conformance with regulations of the commissioner and
that  providers fully disclose any such arrangements on all applications
for program approval, AND PROVIDED FURTHER THAT THE  PROVIDER  CERTIFIES
THAT  IT  WILL  APPLY  FOR  AND  OBTAIN REGISTRATION PURSUANT TO SECTION
SIXTY-FIVE HUNDRED THREE-B OF THIS CHAPTER PRIOR TO PROVIDING EVALUATION
SERVICES PURSUANT TO SUCH WRITTEN AGREEMENTS  OR  AFFILIATIONS.  Nothing
[herein] IN THIS SECTION shall require a provider of special services or
programs to have a multidisciplinary evaluation program.
  d.  Providers may make application to conduct a program that relies on
formal written agreements or affiliations with other  approved  programs
or appropriately certified or licensed professionals, provided that such
arrangements are fully disclosed on all applications to the commissioner
for  program  approval, AND PROVIDED FURTHER THAT THE PROVIDER CERTIFIES

A. 339                              3

THAT IT WILL APPLY FOR  AND  OBTAIN  REGISTRATION  PURSUANT  TO  SECTION
SIXTY-FIVE  HUNDRED  THREE-B  OF THIS CHAPTER PRIOR TO PROVIDING RELATED
SERVICES PURSUANT TO ANY SUCH WRITTEN AGREEMENTS OR AFFILIATIONS INVOLV-
ING LICENSED PROFESSIONALS.
  S 3. Paragraph (a) of subdivision 9-a of section 4410 of the education
law,  as  added by chapter 82 of the laws of 1995, is amended to read as
follows:
  (a) A school district or a  group  of  appropriately  licensed  and/or
certified  professionals  associated with a public or private agency may
apply to the commissioner  for  approval  as  an  evaluator  on  a  form
prescribed  by  the  commissioner. The commissioner shall approve evalu-
ators pursuant to this subdivision consistent with the approval  process
for  the  multi-disciplinary  evaluation  component of programs approved
pursuant to subdivision nine of this section consistent with regulations
adopted pursuant to such subdivision.
  Such application shall include, but not be limited to,  a  description
of  the  multi-disciplinary  evaluation services proposed to be provided
and a demonstration that all agency employees and staff who provide such
evaluation services shall  have  appropriate  licensure  and/or  certif-
ication  and  that  the  individual  who  shall  have direct supervision
responsibilities over such staff shall  have  an  appropriate  level  of
experience  in  providing evaluation or services to preschool or kinder-
garten-aged children with [handicapping conditions] DISABILITIES. TO  BE
ELIGIBLE FOR APPROVAL AS AN EVALUATOR ON AND AFTER JULY FIRST, TWO THOU-
SAND  TWELVE,  A  GROUP  OF  APPROPRIATELY LICENSED OR CERTIFIED PROFES-
SIONALS SHALL BE FORMED AS  A  PROFESSIONAL  SERVICE  LIMITED  LIABILITY
COMPANY,  FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, REGIS-
TERED LIMITED LIABILITY  PARTNERSHIP  OR  NEW  YORK  FOREIGN  REGISTERED
LIMITED LIABILITY PARTNERSHIP. THE APPROVAL OF ANY GROUPS OF LICENSED OR
CERTIFIED  PROFESSIONALS  THAT ARE IN EXISTENCE ON JULY FIRST, TWO THOU-
SAND TWELVE AND WOULD NOT BE  ELIGIBLE  FOR  APPROVAL  THEREAFTER  SHALL
TERMINATE ON JULY FIRST, TWO THOUSAND THIRTEEN.
  S  4.  The  education law is amended by adding a new section 6503-b to
read as follows:
  S 6503-B. REGISTRATION OF CERTAIN SPECIAL EDUCATION SCHOOLS AND  EARLY
INTERVENTION AGENCIES. 1. AS USED IN THIS SECTION:
  A.  "SPECIAL EDUCATION SCHOOL" MEANS AN APPROVED PROGRAM AS DEFINED IN
PARAGRAPH A OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER THAT IS LAWFULLY OPERATED  BY  A  PRIVATE  CORPORATION,  LIMITED
LIABILITY  COMPANY,  REGISTERED  LIMITED LIABILITY PARTNERSHIP, OR OTHER
PRIVATE ENTITY; AN APPROVED PRIVATE NONRESIDENTIAL OR RESIDENTIAL SCHOOL
FOR THE EDUCATION OF STUDENTS WITH DISABILITIES THAT IS  LOCATED  WITHIN
THE  STATE; A CHILD CARE INSTITUTION AS DEFINED IN SECTION FOUR THOUSAND
ONE OF THIS CHAPTER THAT OPERATES A PRIVATE SCHOOL FOR THE EDUCATION  OF
STUDENTS WITH DISABILITIES OR AN INSTITUTION FOR THE DEAF OR BLIND OPER-
ATING  PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER THAT EITHER:  (1)
CONDUCTS A MULTI-DISCIPLINARY EVALUATION FOR PURPOSES OF ARTICLE  EIGHT-
Y-ONE  OR  EIGHTY-NINE OF THIS CHAPTER THAT INVOLVES THE PRACTICE OF ONE
OR MORE PROFESSIONS FOR WHICH A LICENSE IS  REQUIRED  PURSUANT  TO  THIS
TITLE  AND NO EXCEPTION FROM CORPORATE PRACTICE RESTRICTIONS APPLIES, OR
(2) PROVIDES RELATED SERVICES TO STUDENTS  ENROLLED  IN  THE  SCHOOL  OR
APPROVED  PROGRAM  THAT INVOLVES THE PRACTICE OF ONE OR MORE PROFESSIONS
FOR WHICH A LICENSE IS REQUIRED PURSUANT TO THIS TITLE AND NO  EXCEPTION
FROM PRACTICE RESTRICTIONS APPLIES. SUCH TERM SHALL NOT INCLUDE A SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MUNICIPALITY, STATE
AGENCY  OR  OTHER  PUBLIC  ENTITY.  NOTHING  IN  THIS  SECTION  SHALL BE

A. 339                              4

CONSTRUED TO REQUIRE REGISTRATION  OF  A  CHILD  CARE  INSTITUTION  THAT
CONDUCTS  MULTI-DISCIPLINARY  EVALUATIONS  OR  PROVIDES RELATED SERVICES
THROUGH AN APPROVED PRIVATE NONRESIDENTIAL SCHOOL OPERATED BY SUCH CHILD
CARE  INSTITUTION,  PROVIDED  THAT SUCH SCHOOL IS REGISTERED PURSUANT TO
THIS SECTION.
  B. "EARLY INTERVENTION AGENCY" FOR PURPOSES OF THIS SECTION  MEANS  AN
AGENCY WHICH IS APPROVED OR IS SEEKING APPROVAL IN ACCORDANCE WITH TITLE
TWO-A  OF  ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW TO DELIVER EARLY
INTERVENTION PROGRAM  MULTI-DISCIPLINARY  EVALUATIONS,  SERVICE  COORDI-
NATION SERVICES AND EARLY INTERVENTION PROGRAM SERVICES, AND IS LAWFULLY
OPERATED  BY  A NOT-FOR-PROFIT CORPORATION, PRIVATE CORPORATION, LIMITED
LIABILITY COMPANY, REGISTERED LIMITED LIABILITY  PARTNERSHIP,  OR  OTHER
PRIVATE ENTITY.
  C.  "EARLY  INTERVENTION  PROGRAM  SERVICES"  MEANS EARLY INTERVENTION
SERVICES AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-FIVE  HUNDRED
FORTY-ONE  OF  THE  PUBLIC  HEALTH LAW THAT ARE PROVIDED UNDER THE EARLY
INTERVENTION PROGRAM AND AUTHORIZED IN AN ELIGIBLE  CHILD'S  INDIVIDUAL-
IZED FAMILY SERVICES PLAN.
  D."MULTI-DISCIPLINARY  EVALUATION  FOR PURPOSES OF A SPECIAL EDUCATION
SCHOOL" MEANS A  MULTI-DISCIPLINARY  EVALUATION  OF  A  PRESCHOOL  CHILD
SUSPECTED  OF HAVING A DISABILITY OR A PRESCHOOL CHILD WITH A DISABILITY
THAT IS CONDUCTED PURSUANT TO SECTION FORTY-FOUR  HUNDRED  TEN  OF  THIS
CHAPTER  OR  AN  EVALUATION  OF A SCHOOL-AGE CHILD SUSPECTED OF HAVING A
DISABILITY OR WITH A DISABILITY WHICH  IS  CONDUCTED  BY  A  CHILD  CARE
INSTITUTION  THAT  OPERATES  A  SPECIAL  EDUCATION SCHOOL OR THE SPECIAL
EDUCATION SCHOOL OPERATED BY SUCH INSTITUTION  PURSUANT  TO  SUBDIVISION
THREE  OF SECTION FOUR THOUSAND TWO OF THIS CHAPTER OR BY AN INSTITUTION
FOR THE DEAF OR BLIND OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF  THIS
CHAPTER  OR  AN  EVALUATION  OF A SCHOOL-AGE CHILD SUSPECTED OF HAVING A
DISABILITY OR WITH A DISABILITY THAT IS AUTHORIZED TO BE CONDUCTED BY  A
SPECIAL EDUCATION SCHOOL PURSUANT TO ANY OTHER PROVISION OF THIS CHAPTER
AND  THE  REGULATIONS OF THE COMMISSIONER FOR PURPOSES OF IDENTIFICATION
OF THE CHILD AS A CHILD WITH A DISABILITY OR THE DEVELOPMENT OF AN INDI-
VIDUALIZED EDUCATION PROGRAM FOR THE CHILD.
  E. "MULTI-DISCIPLINARY EVALUATION FOR PURPOSES  OF  THE  EARLY  INTER-
VENTION PROGRAM" MEANS A PROFESSIONAL, OBJECTIVE ASSESSMENT CONDUCTED BY
APPROPRIATELY QUALIFIED PERSONNEL IN ACCORDANCE WITH SECTION TWENTY-FIVE
HUNDRED  FORTY-FOUR  OF THE PUBLIC HEALTH LAW AND ITS IMPLEMENTING REGU-
LATIONS TO  DETERMINE  A  CHILD'S  ELIGIBILITY  FOR  EARLY  INTERVENTION
PROGRAM SERVICES.
  F. "RELATED SERVICES" MEANS RELATED SERVICES AS DEFINED IN PARAGRAPH G
OF  SUBDIVISION  TWO OF SECTION FOUR THOUSAND TWO OF THIS CHAPTER, PARA-
GRAPH K OF SUBDIVISION TWO OF SECTION FORTY-FOUR  HUNDRED  ONE  OF  THIS
CHAPTER, OR PARAGRAPH J OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED
TEN  OF  THIS  CHAPTER PROVIDED TO A CHILD WITH A DISABILITY PURSUANT TO
SUCH CHILD'S INDIVIDUALIZED EDUCATION PROGRAM.
  2. A. NO SPECIAL EDUCATION  SCHOOL  MAY  EMPLOY  INDIVIDUALS  LICENSED
PURSUANT  TO  THIS ARTICLE TO CONDUCT COMPONENTS OF A MULTI-DISCIPLINARY
EVALUATION OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED OF HAVING A
DISABILITY OR TO PROVIDE RELATED SERVICES TO CHILDREN WITH  DISABILITIES
ENROLLED IN THE SCHOOL, AND NO SPECIAL EDUCATION SCHOOL MAY PROVIDE SUCH
AN EVALUATION COMPONENT OR RELATED SERVICES BY CONTRACT WITH AN INDIVID-
UAL  LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT TO THIS ARTI-
CLE OR A PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL SERVICE  LIMITED
LIABILITY  COMPANY,  OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHOR-
IZED BY LAW TO PROVIDE PROFESSIONAL  SERVICES,  UNLESS  SUCH  SCHOOL  IS

A. 339                              5

REGISTERED  PURSUANT  TO  THIS  SECTION.  ALL  SPECIAL EDUCATION SCHOOLS
APPROVED BY THE COMMISSIONER AS OF THE EFFECTIVE DATE  OF  THIS  SECTION
SHALL  BE  DEEMED  REGISTERED  PURSUANT  TO  THIS  SECTION  FOR A PERIOD
COMMENCING ON SUCH EFFECTIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND
THIRTEEN.
  B.  NO  EARLY INTERVENTION AGENCY MAY EMPLOY OR CONTRACT WITH INDIVID-
UALS LICENSED PURSUANT TO THIS ARTICLE OR WITH  A  PROFESSIONAL  SERVICE
CORPORATION, PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, PARTNERSHIP
OR REGISTERED LIMITED LIABILITY PARTNERSHIP AUTHORIZED BY LAW TO PROVIDE
THE  APPLICABLE  PROFESSIONAL SERVICES, TO CONDUCT AN EARLY INTERVENTION
PROGRAM  MULTI-DISCIPLINARY  EVALUATION,  PROVIDE  SERVICE  COORDINATION
SERVICES  OR  EARLY  INTERVENTION PROGRAM SERVICES UNLESS SUCH AGENCY IS
REGISTERED PURSUANT TO THIS SECTION  AND  APPROVED  IN  ACCORDANCE  WITH
TITLE  TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW AS AN EARLY
INTERVENTION PROGRAM PROVIDER. ALL EARLY INTERVENTION AGENCIES IN EXIST-
ENCE AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED REGISTERED
PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON SUCH EFFECTIVE  DATE
AND  ENDING  ON  JULY  FIRST,  TWO  THOUSAND THIRTEEN.   NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO REQUIRE AN EARLY  INTERVENTION  AGENCY  TO
REGISTER  IN  ACCORDANCE WITH THIS SECTION PROVIDED THAT IT IS OTHERWISE
AUTHORIZED BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL SERVICES.
  3. A SPECIAL EDUCATION SCHOOL AND EARLY INTERVENTION AGENCY  SHALL  BE
REGISTERED AS FOLLOWS:
  A.  APPLICATION FOR REGISTRATION SHALL BE MADE ON A FORM PRESCRIBED BY
THE DEPARTMENT.
  B. THE APPLICATION FOR INITIAL REGISTRATION SHALL BE ACCOMPANIED BY  A
FEE  OF THREE HUNDRED FORTY-FIVE DOLLARS. IF AN APPLICANT SIMULTANEOUSLY
APPLIES FOR REGISTRATION AS A SPECIAL EDUCATION SCHOOL AND FOR REGISTRA-
TION AS AN EARLY INTERVENTION AGENCY, THE APPLICANT SHALL PAY ONE FEE OF
THREE HUNDRED FORTY-FIVE DOLLARS FOR BOTH REGISTRATION APPLICATIONS.
  4. ALL SPECIAL EDUCATION SCHOOL AND EARLY INTERVENTION  AGENCY  REGIS-
TRATIONS  SHALL BE RENEWED ON DATES SET BY THE DEPARTMENT. THE TRIENNIAL
REGISTRATION FEE SHALL BE TWO  HUNDRED  SIXTY  DOLLARS  OR  A  PRO-RATED
PORTION  THEREOF AS DETERMINED BY THE DEPARTMENT. IF AN APPLICANT SIMUL-
TANEOUSLY APPLIES FOR TRIENNIAL  REGISTRATION  AS  A  SPECIAL  EDUCATION
SCHOOL  AND  FOR TRIENNIAL REGISTRATION AS AN EARLY INTERVENTION AGENCY,
THE APPLICANT SHALL PAY ONE FEE  OF  TWO  HUNDRED  SIXTY  DOLLARS  OR  A
PRO-RATED  PORTION  THEREOF  AS  DETERMINED  BY  THE DEPARTMENT FOR BOTH
TRIENNIAL RENEWAL REGISTRATION APPLICATIONS. AN EARLY INTERVENTION AGEN-
CY'S REGISTRATION SHALL NOT BE RENEWED UNLESS THE AGENCY IS APPROVED  TO
PROVIDE   EARLY  INTERVENTION  PROGRAM  MULTI-DISCIPLINARY  EVALUATIONS,
SERVICE COORDINATION OR EARLY INTERVENTION PROGRAM SERVICES  IN  ACCORD-
ANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW.
  5. IN THE EVENT THAT A CHANGE IN THE LOCATION OF THE CHIEF ADMINISTRA-
TIVE  OFFICES OF A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY
IS CONTEMPLATED, THE OWNER SHALL NOTIFY THE OFFICE OF PROFESSIONS OF THE
DEPARTMENT OF THE CHANGE OF LOCATION AT LEAST THIRTY DAYS PRIOR TO RELO-
CATION.
  6. AN APPLICANT FOR REGISTRATION AS  A  SPECIAL  EDUCATION  SCHOOL  OR
EARLY  INTERVENTION  AGENCY  SHALL BE OF GOOD MORAL CHARACTER, AS DETER-
MINED BY THE DEPARTMENT.   IN THE CASE OF  A  CORPORATE  APPLICANT,  THE
REQUIREMENT SHALL EXTEND TO ALL OFFICERS AND DIRECTORS AND TO STOCKHOLD-
ERS HAVING A TEN PERCENT OR GREATER INTEREST IN THE CORPORATION.
  7.  A.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
REGISTERED SPECIAL EDUCATION SCHOOL MAY EMPLOY INDIVIDUALS  LICENSED  OR
OTHERWISE AUTHORIZED TO PRACTICE ANY PROFESSION PURSUANT TO THIS ARTICLE

A. 339                              6

TO CONDUCT COMPONENTS OF A MULTI-DISCIPLINARY EVALUATION OF A CHILD WITH
A  DISABILITY  OR A CHILD SUSPECTED OF HAVING A DISABILITY OR TO PROVIDE
RELATED SERVICES TO CHILDREN WITH DISABILITIES ENROLLED IN THE SCHOOL OR
MAY PROVIDE COMPONENTS OF SUCH AN EVALUATION OR SUCH RELATED SERVICES BY
CONTRACT WITH AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE
PURSUANT  TO THIS ARTICLE OR A PROFESSIONAL SERVICE CORPORATION, PROFES-
SIONAL SERVICE LIMITED  LIABILITY  COMPANY,  PARTNERSHIP  OR  REGISTERED
LIMITED  LIABILITY PARTNERSHIP AUTHORIZED BY LAW TO PROVIDE THE APPLICA-
BLE PROFESSIONAL SERVICES.
  B. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,  A
REGISTERED EARLY INTERVENTION AGENCY THAT IS APPROVED IN ACCORDANCE WITH
TITLE  TWO-A  OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW MAY EMPLOY
OR CONTRACT WITH INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED  TO  PRAC-
TICE  ANY  PROFESSION  PURSUANT  TO THIS ARTICLE, OR WITH A PROFESSIONAL
SERVICE CORPORATION, PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,
PARTNERSHIP  OR  REGISTERED  LIMITED LIABILITY PARTNERSHIP AUTHORIZED TO
CONDUCT  EARLY  INTERVENTION  PROGRAM  MULTI-DISCIPLINARY   EVALUATIONS,
PROVIDE  SERVICES  COORDINATION  SERVICES AND EARLY INTERVENTION PROGRAM
SERVICES.
  C. A REGISTERED SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION  AGENCY
SHALL  NOT  PRACTICE  ANY  PROFESSION LICENSED PURSUANT TO THIS TITLE OR
HOLD ITSELF OUT TO THE PUBLIC  AS  AUTHORIZED  TO  PROVIDE  PROFESSIONAL
SERVICES EXCEPT AS AUTHORIZED BY THIS SECTION.
  8.  A  SPECIAL EDUCATION SCHOOL AND EARLY INTERVENTION AGENCY SHALL BE
UNDER THE SUPERVISION OF THE REGENTS OF THE UNIVERSITY OF THE  STATE  OF
NEW  YORK  AND  THE  DEPARTMENT PURSUANT TO THIS TITLE AND BE SUBJECT TO
DISCIPLINARY PROCEEDINGS AND PENALTIES IN THE SAME  MANNER  AND  TO  THE
SAME  EXTENT  AS  IS  PROVIDED  WITH  RESPECT  TO  INDIVIDUALS AND THEIR
LICENSES, CERTIFICATES, AND REGISTRATIONS  IN  THE  PROVISIONS  OF  THIS
TITLE  RELATING  TO THE APPLICABLE PROFESSION, AND THE REGISTRATION OF A
SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY SHALL  BE  SUBJECT
TO  SUSPENSION,  REVOCATION OR ANNULMENT FOR CAUSE.  NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, A  SPECIAL  EDUCATION  SCHOOL  OR  EARLY
INTERVENTION  AGENCY  THAT  CONDUCTS  OR  CONTRACTS FOR A COMPONENT OF A
MULTI-DISCIPLINARY EVALUATION THAT INVOLVES  THE  PRACTICE  OF  MEDICINE
SHALL BE SUBJECT TO THE PRE-HEARING PROCEDURES AND HEARING PROCEDURES AS
IS  PROVIDED WITH RESPECT TO INDIVIDUAL PHYSICIANS AND THEIR LICENSES IN
TITLE TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, UPON REVOCATION OR OTHER  TERMI-
NATION  BY  THE COMMISSIONER OF APPROVAL OF THE SPECIAL EDUCATION SCHOOL
PURSUANT TO ARTICLE EIGHTY-NINE OF THIS CHAPTER AND THE  REGULATIONS  OF
THE COMMISSIONER IMPLEMENTING SUCH ARTICLE, OR OF THE EARLY INTERVENTION
AGENCY  BY THE COMMISSIONER OF HEALTH PURSUANT TO TITLE TWO-A OF ARTICLE
TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND IMPLEMENTING  REGULATIONS,  THE
SCHOOL'S  OR  EARLY  INTERVENTION AGENCY'S REGISTRATION PURSUANT TO THIS
SECTION SHALL BE DEEMED REVOKED AND ANNULLED.
  S 5. This act shall take effect June 30, 2012.