S T A T E   O F   N E W   Y O R K
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                                  2142

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

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 establishing that  all
  school   districts  are  approved  evaluators  of  preschool  students
  suspected of having a disability

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

  Section  1.  Paragraphs (a) and (c) of subdivision 9-a of section 4410
of the education law, paragraph (a) as amended by  chapter  581  of  the
laws  of  2011  and  paragraph (c) as added by chapter 82 of the laws of
1995, are 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. ALL SCHOOL  DISTRICTS  ARE  DEEMED
APPROVED EVALUATORS OF PRESCHOOL STUDENTS SUSPECTED OF HAVING A DISABIL-
ITY WITHOUT THE NEED TO SUBMIT AN APPLICATION TO THE COMMISSIONER.
  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 disabilities. To be eligible for approval as
an evaluator under this subdivision on and after July first,  two  thou-
sand  eleven,  a  group  of  appropriately licensed or certified profes-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05345-01-5
              

S. 2142                             2

sionals shall be formed as a limited liability company  or  professional
services  corporation  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. The
approval of any groups of licensed or certified professionals  that  are
in  existence on July first, two thousand eleven and would not be eligi-
ble for approval thereafter shall terminate on July first, two  thousand
thirteen.
  (c)  The  commissioner  shall  establish  a  billing and reimbursement
system for services provided by SCHOOL DISTRICTS AND evaluators approved
pursuant to the provisions of this subdivision consistent  with  billing
and   reimbursement  for  evaluation  services  provided  by  evaluators
approved pursuant to the provisions of subdivision nine of this section.
  S 2. This act shall take effect immediately; provided,  however,  that
the  amendments  to subdivision 9-a of section 4410 of the education law
made by section one of this act shall not affect the expiration of  such
section and shall be deemed to expire therewith.