NY State Senate Bill 2017-S1694A

Senate Bill S1694A

Signed By Governor

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 29, 2017	signed chap.429
Nov 17, 2017	delivered to governor
Jun 08, 2017	returned to senate passed assembly ordered to third reading rules cal.82 substituted for a982a
Jun 05, 2017	referred to education delivered to assembly passed senate
May 01, 2017	amended on third reading 1694a
Mar 13, 2017	advanced to third reading
Mar 08, 2017	2nd report cal.
Mar 07, 2017	1st report cal.365
Jan 10, 2017	referred to education

Votes

- Jun 5, 2017 - Floor Vote
  S1694A
  
  49
  
  Aye
  
  13
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2017
      
      aye (49)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (13)
      
      Alcantara
      
      Avella
      
      Bailey
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Montgomery
      
      Rivera
      
      Sanders Jr.
      
      Tedisco
      
      excused (1)
      
      Parker
  Mar 7, 2017 - Education Committee Vote
  S1694A
  
  16
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Mar 7, 2017
      
      aye (16)
      
      Addabbo Jr.
      
      Breslin
      
      Croci
      
      Gallivan
      
      Hamilton
      
      LaValle
      
      Lanza
      
      Latimer
      
      Little
      
      Marcellino
      
      Peralta
      
      Ranzenhofer
      
      Robach
      
      Serino
      
      Seward
      
      Stavisky
      
      nay (3)
      
      Avella
      
      Brooks
      
      Montgomery

Bill Amendments

Original

A (Active)

2017-S1694 - Details

See Assembly Version of this Bill:: A982
Law Section:: Education Law
Laws Affected:: Amd §4410, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5360, A7730
2015-2016: S2142, S6505, A10482

2017-S1694 - Summary

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

2017-S1694 - Sponsor Memo

2017-S1694 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1694
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- 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.

                                                            LBD01266-01-7

 S. 1694                             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.
   § 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  repeal  of  such
 subdivision and shall be deemed repealed therewith.

2017-S1694A (ACTIVE) - Details

See Assembly Version of this Bill:: A982
Law Section:: Education Law
Laws Affected:: Amd §4410, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5360, A7730
2015-2016: S2142, S6505, A10482

2017-S1694A (ACTIVE) - Summary

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

2017-S1694A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1694A

 TITLE OF BILL :

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

 PURPOSE :

To eliminate additional paperwork for school districts which wish to
provide evaluation services to preschool students with disabilities.

 SUMMARY OF PROVISIONS :

Section 1: Amends section 4410(9-a) of the Education Law to establish
that all school districts are approved evaluators of preschool
students if staff who provide such evaluations have appropriate
licensure or certification.

Section 2: Sets forth an immediate effective date.

 JUSTIFICATION :

School districts regularly provide evaluation of school-age special
education students. Similar to any other public or private agency with

appropriately licensed or certified professionals, a school district
may apply to the Commissioner of Education to be an approved evaluator
of preschool special education students. The extra application
requirement to the Commissioner is burdensome and unnecessary because
school districts currently provide these evaluations for school-age
students. This bill will allow school districts to provide preschool
evaluation services without wasting staff time in applying for a
waiver.

 LEGISLATIVE HISTORY :

2016: S. 6505 Passed Senate
2015: S. 2142 Passed Senate
2013-14: S. 5360 Passed Senate

 FISCAL IMPLICATIONS :

Savings to local school districts and the New York State Education
Department.

 EFFECTIVE DATE :
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 repeal of such section and shall be deemed
repealed therewith.

2017-S1694A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1694--A
     Cal. No. 365
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Education -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading

 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 IF
 STAFF WHO PROVIDE SUCH EVALUATION SERVICES SHALL HAVE APPROPRIATE LICEN-
 SURE AND/OR CERTIFICATION.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01266-02-7

 S. 1694--A                          2
 
 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-
 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.
   §  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 repeal of such
 subdivision and shall be deemed repealed therewith.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.