NY State Senate Bill 2011-S5581

Senate Bill S5581

2011-2012 Legislative Session

Relates to the practice of licensed professions by special education schools and early intervention agencies and their employees; repealer

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to education
Jun 03, 2011	referred to education

2011-S5581 (ACTIVE) - Details

See Assembly Version of this Bill:: A8391
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Rpld & add §4410 sub 6, amd §4410, add §6503-b, Ed L
Versions Introduced in 2009-2010 Legislative Session:: S5954

2011-S5581 (ACTIVE) - Summary

Relates to the practice of licensed professions by special education schools and early intervention agencies and their employees.

2011-S5581 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5581

TITLE OF BILL:
An act
to amend the education law, in relation to special education services
and programs for preschool children with handicapping conditions, and in
relation to waivers for certain special education schools and early
intervention agencies; and to repeal subdivision 6 of section 4410 of
such law relating thereto

PURPOSE:
The purpose of the bill is to reconcile the provisions of Title VIII
of the Education Law that prohibit corporate practice of certain
licensed professions and the provisions of Education Law §4410 and
other provisions of Article 89 of the Education Law that contemplate
that special education schools and providers be organized to provide
multi-disciplinary evaluations and all related services recommended
on the student's individualized education program, regardless of the
profession involved. The bill would also clarify that the exemptions
in the professions of psychology and speech language pathology and
audiology that allow elementary and secondary schools to employ
school psychologists and teachers of the speech and hearing
handicapped apply to center-based preschool special education
providers' services when providing services onsite. The bill would
similarly reconcile the provisions of Title VIII of the Education Law
that prohibit corporate practice of certain licensed professions and

the provisions of Title 2-A of Article 25 of the Public Health Law
that contemplate that early intervention agencies be organized to
provide the full range of early intervention program services.

JUSTIFICATION:
This bill would add a new §6503-a and a new §4410(6) and would amend
§4410(9) and (9-a) to resolve a series of conflicts between the
provisions of Article 89 of Education Law, particularly §4410, as
well as the provisions of Title 2-A of Article 25 of the Public
Health Law relating to early intervention programs, and the
provisions of Title VIII of Education Law that prohibit licensed
professionals from engaging in corporate practice in most
professions, particularly in an organization with licensees from
other professions. Education Law §6512 makes it a Class E felony for
an unlicensed person to practice a licensed profession or hold
oneself out as being able to
practice a licensed profession. With certain exceptions, such as
speech pathology and audiology, corporate practice (practice of a
profession by a corporation or other corporate entity) is generally
prohibited, particularly where multiple professions are involved,
Education Law §4410 requires that multi-disciplinary evaluations be
conducted by approved programs, which in this bill are education
corporations or as a not-for-profit corporations. In addition, an
approved program or limited liability company, of appropriately
licensed or certified professionals may be formed as a professional

service corporation formed pursuant to article 15 of the business
corporation law, a professional service limited liability company in
accordance with the applicable provisions of article twelve or
thirteen of the limited liability company law or as a registered
limited liability partnership or registered foreign limited liability
partnership in accordance with article eight-B of the partnership law.

It also gives the parent the right to select the approved evaluator.
However, §4410 is silent, as is the rest of Article 89 of the
Education Law, about how it relates to the ability of approved
programs to engage in corporate practice. A similar problem exists
for early intervention programs regulated by the Department of Health
pursuant to Title 2-A of Article 25 of the Public Health Law, where
corporations are conducting multi-disciplinary evaluations and
providing early intervention services to infants and toddlers with
disabilities. In the absence of specific language exempting such
special education schools and early intervention agencies from the
prohibitions against corporate professional practice, both the
schools, agencies, and many licensees are operating in conflict with
the laws relating to professional practice and are at risk of
prosecution, or in the case of the licensees, of professional
discipline.

It is imperative that action be taken to address this conflict in a
way that would preserve the ability of approved not-for-profit
private schools, 4201 schools and approved preschool providers to
continue to deliver related services to students with disabilities
and, where applicable, conduct multidisciplinary evaluations of
students suspected of having a disability, and that would preserve
the ability of early intervention agencies to conduct
multi-disciplinary evaluations and provide early intervention
services to infants and toddlers with disabilities. This bill would
accomplish that goal, while striking a balance that assures that the
policies underlying the laws regulating the licensed professions are
preserved. It would do so by authorizing not-for-profit special
education schools and early intervention agencies to employ licensed
professionals or contract for services from other licensees or
entities to conduct multi-disciplinary evaluations or deliver related
services to students enrolled in the school, provided that the school
or agency obtains a waiver under Education Law §6503-a and thereby
becomes subject to supervision by the Regents and the Department
under the law governing the professions and subject to profession
al discipline. This would provide protection against unlawful practice
of the professions, while allowing not-for-profit special education
schools and early intervention agencies to continue to function
without disruption.

New §4410(6) would also codify the Department's past interpretation of
Education Law §§6207(2) and 7605(1) that an approved center-based
4410 provider is a school indistinguishable from an elementary or
secondary school that is exempted from the practice of
speech-language pathology and audiology and psychology pursuant to

those sections and is authorized to
employ teachers of the speech and hearing handicapped and school
psychologists to deliver speech and language and psychological
services, respectively. Thus, this bill would maintain: the status
quo and allow such providers to continue to deliver these services to
students enrolled in an approved center-based program without
employing or contracting with licensed psychologists or licensed
speech-language therapists, just as other approved center-based 4410
providers who serve both preschool children and students with
disabilities of school age are clearly authorized to do under any
reasonable interpretation of § 8207(2) and 7605 (1)

LEGISLATIVE HISTORY:
2009-10: S.5954-D Passed Senate

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to be in
full force and effect on and after June 30, 2011.

2011-S5581 (ACTIVE) - Bill Text download pdf

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

                                  5581

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 3, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law,  in  relation  to  special  education
  services  and programs for preschool children with handicapping condi-
  tions, and in  relation  to  waivers  for  certain  special  education
  schools  and  early intervention agencies; and to repeal subdivision 6
  of section 4410 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. NOTWITHSTANDING ANY PROVISIONS  OF
LAW  TO  THE  CONTRARY,  APPROVED PROGRAMS OPERATED BY PRIVATE PROVIDERS
SHALL BE AUTHORIZED TO EMPLOY LICENSED PROFESSIONALS  OR  CONTRACT  WITH
LICENSED PROFESSIONALS OR ENTITIES LEGALLY AUTHORIZED TO PROVIDE PROFES-
SIONAL SERVICES IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED THREE-B OF
THIS CHAPTER.
  B.  AN APPROVED PROGRAM MAY BE FORMED, WITH THE CONSENT OF THE COMMIS-
SIONER, AS  AN  EDUCATION  CORPORATION,  BUSINESS  CORPORATION,  LIMITED
LIABILITY  COMPANY  OR AS A NOT-FOR-PROFIT CORPORATION.  IN ADDITION, AN
APPROVED PROGRAM OR GROUP OF APPROPRIATELY LICENSED OR CERTIFIED PROFES-
SIONALS MAY BE FORMED AS  A  PROFESSIONAL  SERVICES  CORPORATION  FORMED
PURSUANT  TO  ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, A PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY OR AS  A  FOREIGN  PROFESSIONAL
SERVICE  LIMITED  LIABILITY  COMPANY  IN  ACCORDANCE WITH THE APPLICABLE
PROVISIONS OF ARTICLE TWELVE OR THIRTEEN OF THE LIMITED LIABILITY COMPA-
NY LAW OR AS A REGISTERED LIMITED LIABILITY  PARTNERSHIP  OR  REGISTERED
FOREIGN LIMITED LIABILITY PARTNERSHIP IN ACCORDANCE WITH ARTICLE EIGHT-B
OF  THE  PARTNERSHIP LAW.   AN APPROVED PROGRAM FORMED AS SUCH A PROFES-
SIONAL SERVICES  CORPORATION,  PROFESSIONAL  SERVICE  LIMITED  LIABILITY
COMPANY OR REGISTERED LIMITED LIABILITY PARTNERSHIP MAY BE AUTHORIZED TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08924-01-1

S. 5581                             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

S. 5581                             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

S. 5581                             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

S. 5581                             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

S. 5581                             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

S. 5581                             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

S. 5581                             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.

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