S T A T E O F N E W Y O R K
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4831
2017-2018 Regular Sessions
I N S E N A T E
March 2, 2017
___________
Introduced by Sen. LAVALLE -- (at request of the State Education Depart-
ment) -- 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 providing aid for
blind or deaf students in relation to the purchase and use of supports
for the education of students who are blind, deaf, deaf-blind, hard of
hearing, learning disabled or print disabled
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4210 of the education law, as amended by chapter 53
of the laws of 1989, paragraph (b) of subdivision 1 as amended by chap-
ter 53 of the laws of 1990, is amended to read as follows:
§ 4210. Aid for LEARNING DISABLED, PRINT DISABLED, blind or deaf
students. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING DEFINITIONS:
A. "PRINT DISABLED" SHALL MEAN A PERSON WITH A DISABILITY WHO EXPERI-
ENCES BARRIERS TO ACCESSING INSTRUCTIONAL MATERIAL IN NONSPECIALIZED
FORMATS, INCLUDING AN INDIVIDUAL DESCRIBED IN SECTION 121(D)(2) OF TITLE
17 OF THE UNITED STATES CODE.
B. "LEARNING DISABLED" SHALL MEAN A PERSON WITH A LEARNING DISABILITY
AS DEFINED IN SECTION 602 OF TITLE I OF THE INDIVIDUALS WITH DISABILI-
TIES EDUCATION ACT.
2. a. Whenever a LEARNING DISABLED, PRINT DISABLED, blind or deaf
person, who is a citizen of this state and a student in actual attend-
ance at a college, university, technical or professional school, includ-
ing agriculture and technical institutes and state institutes of applied
arts and sciences, [located in this state] and authorized by law to
grant OR LICENSED PRIVATE CAREER SCHOOLS AS DEFINED IN ARTICLE ONE
HUNDRED ONE OF THIS TITLE, degrees, other than an institution estab-
lished for the regular instruction of the blind or deaf, shall be desig-
nated by the trustees thereof as a fit person to receive the aid herein-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10187-01-7
S. 4831 2
after provided for, there shall be paid by the state for the use of such
student a sum not to exceed [one] FOUR thousand dollars per annum,
SUBJECT TO TERMS AND CONDITIONS PRESCRIBED BY THE COMMISSIONER IN REGU-
LATIONS AND within the limits of the appropriation therefor, with which
to [employ persons to read to such blind student] PROVIDE SUCH STUDENTS
WITH SUPPORT TO READ, INCLUDING THE EMPLOYMENT OF PERSONS TO READ TO
SUCH STUDENT AND/OR THE PURCHASE OF TECHNOLOGY TO ASSIST THE STUDENT IN
READING from text-books and pamphlets [used by such student] in his or
her studies at such college, university or school, or to aid [a deaf]
SUCH student, in receiving instruction in such studies[. In case such a
college, university, technical or professional school as will meet the
needs or requirements of such a student is not located within this
state, such a sum shall be paid by this state for the use of such
student attending such a college, university, technical or professional
school which shall conform to the requirements of this section in anoth-
er state. Such a sum shall also be available to aid a deaf student in
receiving instruction in a regularly approved institution for the deaf
located outside of the state but within one hundred fifty miles of the
borders thereof].
b. The trustees of any institution meeting the requirements of this
section shall submit reports in such form and at such times as
prescribed by the commissioner identifying the number of students eligi-
ble to receive aid pursuant to this subdivision and shall estimate the
funds needed to support such students as provided herein. The commis-
sioner shall advance twice during the school year to each such institu-
tion such estimated amounts within the limits of the annual appropri-
ation provided therefore.
[d.] C. At the conclusion of the academic year for which such funds
are provided, each institution receiving funds pursuant to this subdivi-
sion shall submit to the commissioner a final accounting for the use of
such funds AND ANY ADDITIONAL REPORTING REQUIREMENTS PRESCRIBED BY THE
COMMISSIONER IN REGULATIONS and shall return any unspent funds.
[2.] 3. Such moneys shall be paid annually, after the beginning of the
school year of such institution, by the commissioner of taxation and
finance on the warrant of the comptroller, to the treasurer of such
institution, on his presenting an account showing the actual number of
LEARNING DISABLED, PRINT DISABLED, blind or deaf students matriculated
and attending the institution, which account shall be verified by the
president of the institution and accompanied by his certificate that the
trustees have recommended the students named in said account as
hereinbefore provided.
[3.] 4. The trustees of any of the said institutions shall recommend
no LEARNING DISABLED, PRINT DISABLED, blind or deaf person, who is not
regularly matriculated, and who is not in good and regular standing, and
who is not working for a degree from the institution in which he or she
is matriculated; and no LEARNING DISABLED, PRINT DISABLED, blind or deaf
person shall be recommended, who is not doing the work regularly
prescribed by the institution for the degree for which he or she is a
candidate. The moneys so paid to any such institution shall be disbursed
for the purposes aforesaid by and under the direction of its board of
trustees.
5. FUNDS APPROPRIATED IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN ACADEMIC YEAR AND THEREAFTER FOR THE PURPOSES OF THIS INITI-
ATIVE SHALL BE ALLOCATED ON A FIRST-COME, FIRST SERVE BASIS BASED ON THE
ORDER OF APPLICATIONS RECEIVED BY THE COMMISSIONER, IN A TIMEFRAME AND
MANNER PRESCRIBED BY THE COMMISSIONER IN REGULATIONS.
S. 4831 3
6. FUNDS ALLOCATED PURSUANT TO THIS SECTION SHALL SUPPLEMENT NOT
SUPPLANT ANY AID PROVIDED AND/OR DEVICES CURRENTLY USED BY THE COLLEGE,
UNIVERSITY, TECHNICAL OR PROFESSIONAL SCHOOL, INCLUDING AGRICULTURE AND
TECHNICAL INSTITUTES AND STATE INSTITUTES OF APPLIED ARTS AND SCIENCES
OR LICENSED PRIVATE CAREER SCHOOLS AS DEFINED IN ARTICLE ONE HUNDRED ONE
OF THIS TITLE, FOR THE PURPOSES OF THIS SECTION.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.