A. 8391 2
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 NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSINESS
CORPORATION, LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES ORGAN-
IZATION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPO-
RATION LAW, ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPANY
LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP LAW MAY EMPLOY OR CONTRACT
WITH INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE, OR WITH A
PROFESSIONAL SERVICE CORPORATION, PARTNERSHIP OR OTHER ENTITY LEGALLY
AUTHORIZED TO PRACTICE ANY PROFESSION UNDER TITLE EIGHT OF THIS CHAPTER
IN WHICH THE ENTITY 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 SECTIONS 121-1500 OR 121-1502 OF THE PARTNER-
SHIP LAW, WITHIN THE SCOPE OF THE STATE EDUCATION DEPARTMENT OPERATING
CERTIFICATE AND ONLY 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 SPECI-
FIED 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 SHALL APPLY FOR AND OBTAIN A WAIVER 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 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
A. 8391 3
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
IT SHALL APPLY FOR AND OBTAIN A WAIVER PURSUANT TO SECTION SIXTY-FIVE
HUNDRED THREE-B OF THIS CHAPTER PRIOR TO PROVIDING RELATED SERVICES
PURSUANT TO ANY SUCH WRITTEN AGREEMENTS OR AFFILIATIONS INVOLVING
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 UNDER THIS SUBDIVISION ON AND
AFTER JULY FIRST, TWO THOUSAND ELEVEN, A GROUP OF APPROPRIATELY LICENSED
OR CERTIFIED PROFESSIONALS SHALL BE FORMED AS A NOT-FOR-PROFIT CORPO-
RATION, EDUCATION CORPORATION, BUSINESS CORPORATION, LIMITED LIABILITY
COMPANY OR PROFESSIONAL SERVICES ORGANIZATION ESTABLISHED PURSUANT TO
ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLE TWELVE OR THIR-
TEEN OF THE LIMITED LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE
PARTNERSHIP LAW. THE APPROVAL OF ANY GROUPS OF LICENSED OR CERTIFIED
PROFESSIONALS THAT ARE IN EXISTENCE ON JULY FIRST, TWO THOUSAND ELEVEN
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. WAIVER FOR CERTAIN SPECIAL EDUCATION SCHOOLS AND EARLY
INTERVENTION AGENCIES. 1. DEFINITIONS. AS USED IN THIS SECTION:
A. "SPECIAL EDUCATION SCHOOL" MEANS AN APPROVED PROGRAM AS DEFINED IN
PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER THAT MEETS THE REQUIREMENTS OF PARAGRAPH B OF SUBDIVISION SIX OF
SUCH SECTION FORTY-FOUR HUNDRED TEN; 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 OPERATING PURSUANT TO ARTICLE EIGHTY-FIVE OF THIS
CHAPTER THAT EITHER: (1) CONDUCTS A MULTI-DISCIPLINARY EVALUATION FOR
PURPOSES OF ARTICLES EIGHTY-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
A. 8391 4
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 CONSTRUED TO REQUIRE 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 TO OBTAIN A WAIVER, PROVIDED THAT SUCH SCHOOL OBTAINS A
WAIVER 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, EDUCATION CORPORATION, BUSI-
NESS CORPORATION, A LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES
ORGANIZATION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS
CORPORATION LAW, ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY
COMPANY LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP LAW.
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, PARAGRAPH K OF SUBDIVI-
SION TWO OF SECTION FORTY-FOUR HUNDRED ONE, OR PARAGRAPH J OF SUBDIVI-
SION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER PROVIDED TO A
CHILD WITH A DISABILITY PURSUANT TO SUCH CHILD'S INDIVIDUALIZED EDUCA-
TION PROGRAM.
2. WAIVER. A. NO SPECIAL EDUCATION SCHOOL MAY EMPLOY INDIVIDUALS
LICENSED PURSUANT TO THIS ARTICLE TO CONDUCT COMPONENTS OF A MULTI-DIS-
CIPLINARY EVALUATION OF A CHILD WITH A DISABILITY OR A CHILD SUSPECTED
OF HAVING A DISABILITY OR TO PROVIDE RELATED SERVICES TO CHILDREN WITH
A. 8391 5
DISABILITIES ENROLLED IN THE SCHOOL, AND NO SPECIAL EDUCATION SCHOOL MAY
PROVIDE SUCH AN EVALUATION COMPONENT OR RELATED SERVICES BY CONTRACT
WITH AN INDIVIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT
TO THIS ARTICLE OR WITH A NOT-FOR-PROFIT CORPORATION, EDUCATION CORPO-
RATION, BUSINESS CORPORATION, LIMITED LIABILITY COMPANY OR PROFESSIONAL
SERVICES ORGANIZATION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE
BUSINESS CORPORATION LAW, ARTICLE TWELVE OR THIRTEEN OF THE LIMITED
LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP LAW AUTHOR-
IZED BY LAW TO PROVIDE PROFESSIONAL SERVICES, UNLESS SUCH SCHOOL OBTAINS
A WAIVER PURSUANT TO THIS SECTION. ALL SPECIAL EDUCATION SCHOOLS
APPROVED BY THE COMMISSIONER AS OF THE EFFECTIVE DATE OF THIS SECTION
SHALL BE DEEMED OPERATING UNDER A WAIVER 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 NOT-FOR-PROFIT CORPO-
RATION, EDUCATION CORPORATION, BUSINESS CORPORATION, LIMITED LIABILITY
COMPANY OR PROFESSIONAL SERVICES ORGANIZATION ESTABLISHED PURSUANT TO
ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLE TWELVE OR THIR-
TEEN OF THE LIMITED LIABILITY COMPANY LAW OR ARTICLE EIGHT-B OF THE
PARTNERSHIP LAW, TO CONDUCT AN EARLY INTERVENTION PROGRAM MULTI-DISCI-
PLINARY EVALUATION, PROVIDE SERVICE COORDINATION SERVICES OR EARLY
INTERVENTION PROGRAM SERVICES UNLESS SUCH AGENCY HAS OBTAINED A WAIVER
PURSUANT TO THIS SECTION AND HAS BEEN APPROVED IN ACCORDANCE WITH TITLE
TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW AS AN EARLY INTER-
VENTION PROGRAM PROVIDER. ALL EARLY INTERVENTION AGENCIES APPROVED AS OF
THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED TO BE OPERATING UNDER
A WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENCING ON SUCH EFFEC-
TIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND THIRTEEN. NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN EARLY INTERVENTION AGENCY
TO OPERATE UNDER A WAIVER IN ACCORDANCE WITH THIS SECTION PROVIDED THAT
IT IS OTHERWISE AUTHORIZED BY LAW TO PROVIDE THE APPLICABLE PROFESSIONAL
SERVICES.
3. OBTAINING A WAIVER. A. A SPECIAL EDUCATION SCHOOL AND EARLY INTER-
VENTION AGENCY SHALL OBTAIN AN APPLICATION FOR A WAIVER ON A FORM
PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ISSUE A WAIVER ON OR
AFTER JULY FIRST, TWO THOUSAND THIRTEEN TO AN ENTITY WHICH WAS CREATED
BEFORE, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION IF THERE IS A
DEMONSTRATION OF NEED OF THE ENTITY'S SERVICES SATISFACTORY TO THE
DEPARTMENT.
B. WITHIN ONE HUNDRED TWENTY DAYS AFTER THE COMMISSIONER PRESCRIBES
THE APPLICATION FORM AND POSTS NOTICE OF ITS AVAILABILITY ON THE DEPART-
MENT'S WEBSITE, A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY
MUST APPLY FOR A WAIVER. UPON SUBMISSION OF SUCH APPLICATION, THE SCHOOL
OR AGENCY MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE DEPART-
MENT SHALL EITHER DENY OR APPROVE THE APPLICATION. AFTER THE DEPARTMENT
RENDERS A TIMELY INITIAL DETERMINATION THAT THE APPLICANT HAS SUBMITTED
THE INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS OF PARAGRAPHS
C, D AND E OF THIS SUBDIVISION ARE SATISFIED, APPLICATIONS FOR WAIVERS
SHALL BE APPROVED OR DENIED WITHIN NINETY DAYS, PROVIDED HOWEVER THAT IF
THE WAIVER APPLICATION IS DENIED THE SCHOOL OR AGENCY SHALL CEASE
PROVIDING SERVICES PURSUANT TO THIS SUBDIVISION IN THE STATE OF NEW
YORK.
C. SUCH WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT TO THIS
SECTION, DIRECTLY OR INDIRECTLY, SHALL BE PROVIDED ONLY BY A PERSON
APPROPRIATELY LICENSED TO PROVIDE SUCH SERVICES, EXCEPT AS OTHERWISE
A. 8391 6
PROVIDED IN LAW, TO PROVIDE SUCH SERVICES OR BY A PROFESSIONAL SERVICES
ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
D. AN APPLICATION FOR A WAIVER TO PROVIDE PROFESSIONAL SERVICES PURSU-
ANT TO THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER.
SUCH APPLICATION SHALL INCLUDE:
(I) THE NAME OF THE SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION
AGENCY;
(II) THE NAMES OF THE DIRECTORS OR TRUSTEES AND OFFICERS OF SUCH
SCHOOL OR AGENCY;
(III) A LISTING OF ANY OTHER JURISDICTIONS WHERE SUCH SCHOOL OR AGENCY
MAY PROVIDE SERVICES; AND
(IV) AN ATTESTATION MADE BY AN OFFICER AUTHORIZED BY SUCH SCHOOL OR
AGENCY TO MAKE SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF SERVICES TO
BE PROVIDED; INCLUDES A LIST OF PROFESSIONS UNDER THIS TITLE IN WHICH
PROFESSIONAL SERVICES WILL BE PROVIDED BY SUCH SCHOOL OR AGENCY;
INCLUDES A STATEMENT THAT, UNLESS OTHERWISE AUTHORIZED BY LAW, THE
SCHOOL OR AGENCY SHALL ONLY PROVIDE SERVICES AUTHORIZED UNDER THIS
SECTION; INCLUDES A STATEMENT THAT ONLY A LICENSED PROFESSIONAL, A
PERSON OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES, OR A PROFESSIONAL
SERVICES ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE
SUCH SERVICES AS AUTHORIZED UNDER THIS SECTION; AND ATTESTS TO THE
ADEQUACY OF THE SCHOOL'S OR AGENCY'S FISCAL AND FINANCIAL RESOURCES TO
PROVIDE SUCH SERVICES. SUCH APPLICATION SHALL ALSO INCLUDE ANY OTHER
INFORMATION RELATED TO THE APPLICATION AS MAY BE REQUIRED BY THE DEPART-
MENT. A SCHOOL OR AGENCY WITH AN APPROVED WAIVER MAY APPLY, ON A FORM
PRESCRIBED BY THE COMMISSIONER, TO AMEND THE WAIVER TO ADD ADDITIONAL
PROFESSIONAL SERVICES.
E. EACH OFFICER, TRUSTEE AND DIRECTOR OF SUCH SCHOOL OR AGENCY SHALL
PROVIDE AN ATTESTATION REGARDING HIS OR HER GOOD MORAL CHARACTER AS
REQUIRED PURSUANT TO PARAGRAPH G OF THIS SUBDIVISION. THE COMMISSIONER
SHALL BE FURTHER AUTHORIZED TO PROMULGATE RULES OR REGULATIONS RELATING
TO THE STANDARDS OF THE WAIVER FOR SPECIAL EDUCATION SCHOOLS AND EARLY
INTERVENTION AGENCIES PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL
INCLUDE STANDARDS RELATING TO THE SCHOOL'S OR AGENCY'S ABILITY TO
PROVIDE SERVICES, THE SCHOOL'S OR AGENCY'S MAINTENANCE OF PATIENT AND
BUSINESS RECORDS, THE SCHOOL'S OR AGENCY'S FISCAL POLICIES, AND SUCH
OTHER STANDARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER.
F. THE SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING
PURSUANT TO A WAIVER SHALL DISPLAY, AT EACH SITE WHERE SERVICES ARE
PROVIDED TO THE PUBLIC, A CERTIFICATE OF SUCH WAIVER ISSUED BY THE
DEPARTMENT PURSUANT TO THIS SECTION, WHICH SHALL CONTAIN THE NAME OF THE
SCHOOL OR AGENCY AND THE ADDRESS OF THE SITE. SUCH SCHOOLS OR AGENCIES
SHALL OBTAIN FROM THE DEPARTMENT ADDITIONAL CERTIFICATES FOR EACH SITE
AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC. EACH SCHOOL
OR AGENCY SHALL BE REQUIRED TO RE-APPLY FOR A WAIVER EVERY THREE YEARS.
AN EARLY INTERVENTION AGENCY'S WAIVER SHALL NOT BE RENEWED UNLESS THE
AGENCY IS APPROVED TO PROVIDE EARLY INTERVENTION PROGRAM MULTI-DISCIPLI-
NARY EVALUATIONS, SERVICE COORDINATION OR EARLY INTERVENTION PROGRAM
SERVICES IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE
PUBLIC HEALTH LAW. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION FOUR OF
THIS SECTION, IF ANY INFORMATION SUPPLIED TO THE DEPARTMENT REGARDING
THE SCHOOL OR AGENCY SHALL CHANGE, THE SCHOOL OR AGENCY SHALL BE
REQUIRED TO PROVIDE SUCH UPDATED INFORMATION TO THE DEPARTMENT WITHIN
SIXTY DAYS.
G. ALL OFFICERS, TRUSTEES AND DIRECTORS OF SUCH SCHOOLS OR AGENCIES
SHALL BE OF GOOD MORAL CHARACTER. SCHOOLS OR AGENCIES OPERATING PURSUANT
A. 8391 7
TO A WAIVER AND THEIR OFFICERS AND DIRECTORS SHALL BE ENTITLED TO THE
SAME DUE PROCESS PROCEDURES AS ARE PROVIDED TO SUCH INDIVIDUALS AND
PROFESSIONAL SERVICES CORPORATIONS. NO WAIVER ISSUED UNDER THIS SECTION
SHALL BE TRANSFERABLE OR ASSIGNABLE, AS SUCH TERMS ARE DEFINED IN THE
REGULATIONS OF THE COMMISSIONER.
4. CHANGE OF LOCATION. IN THE EVENT THAT A CHANGE IN THE LOCATION OF
THE CHIEF ADMINISTRATIVE 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 RELOCATION.
5. PROFESSIONAL PRACTICE. A. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, A SPECIAL EDUCATION SCHOOL OPERATING UNDER A WAIVER
MAY EMPLOY INDIVIDUALS LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE ANY
PROFESSION 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 CHIL-
DREN WITH DISABILITIES ENROLLED IN THE SCHOOL OR MAY PROVIDE COMPONENTS
OF SUCH AN EVALUATION OR SUCH RELATED SERVICES BY CONTRACT WITH AN INDI-
VIDUAL LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE PURSUANT TO THIS
ARTICLE OR A NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSINESS
CORPORATION, LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES ORGAN-
IZATION ESTABLISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPO-
RATION LAW, ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPANY
LAW OR ARTICLE EIGHT-B OF THE PARTNERSHIP LAW AUTHORIZED BY LAW TO
PROVIDE THE APPLICABLE PROFESSIONAL SERVICES.
B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AN
EARLY INTERVENTION AGENCY OPERATING UNDER A WAIVER 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 PRACTICE ANY PROFESSION PURSUANT TO THIS ARTICLE OR WITH A
NOT-FOR-PROFIT CORPORATION, EDUCATION CORPORATION, BUSINESS CORPORATION,
LIMITED LIABILITY COMPANY OR PROFESSIONAL SERVICES ORGANIZATION ESTAB-
LISHED PURSUANT TO ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW,
ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW OR ARTI-
CLE EIGHT-B OF THE PARTNERSHIP LAW AUTHORIZED TO CONDUCT EARLY INTER-
VENTION PROGRAM MULTI-DISCIPLINARY EVALUATIONS, PROVIDE SERVICE COORDI-
NATION SERVICES AND EARLY INTERVENTION PROGRAM SERVICES.
C. A SPECIAL EDUCATION SCHOOL OR EARLY INTERVENTION AGENCY OPERATING
UNDER A WAIVER SHALL NOT PRACTICE ANY PROFESSION LICENSED PURSUANT TO
THIS TITLE OR HOLD ITSELF OUT TO THE PUBLIC AS AUTHORIZED TO PROVIDE
PROFESSIONAL SERVICES PURSUANT TO THIS TITLE EXCEPT AS AUTHORIZED BY
THIS SECTION OR OTHERWISE AUTHORIZED BY LAW.
6. SUPERVISION OF PROFESSIONAL PRACTICE. A SPECIAL EDUCATION SCHOOL OR
EARLY INTERVENTION AGENCY SHALL BE UNDER THE SUPERVISION OF THE REGENTS
OF THE UNIVERSITY OF THE STATE OF NEW YORK AND BE SUBJECT TO DISCIPLI-
NARY PROCEEDINGS AND PENALTIES. A SPECIAL EDUCATION SCHOOL OR EARLY
INTERVENTION AGENCY OPERATING UNDER A WAIVER SHALL BE SUBJECT TO SUSPEN-
SION, REVOCATION OR ANNULMENT OF THE WAIVER FOR CAUSE, 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. 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
A. 8391 8
TITLE TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON REVOCATION OR OTHER
TERMINATION BY THE COMMISSIONER OF APPROVAL OF THE SPECIAL EDUCATION
SCHOOL PURSUANT TO ARTICLE EIGHTY-NINE OF THIS CHAPTER AND THE REGU-
LATIONS OF THE COMMISSIONER IMPLEMENTING SUCH ARTICLE OR TERMINATION OF
THE EARLY INTERVENTION AGENCY PURSUANT TO TITLE TWO-A OF ARTICLE TWEN-
TY-FIVE OF THE PUBLIC HEALTH LAW AND IMPLEMENTING REGULATIONS BY THE
COMMISSIONER PURSUANT TO SUBDIVISION EIGHTEEN OF SECTION FORTY-FOUR
HUNDRED THREE OF THIS CHAPTER, THE SCHOOL'S OR EARLY INTERVENTION AGEN-
CY'S WAIVER PURSUANT TO THIS SECTION SHALL BE DEEMED REVOKED AND
ANNULLED.
S 5. This act shall take effect immediately.