S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8001
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 30, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation  to  special  act  school
   districts  and special education; and to amend the social services law
   and the executive law, in relation to the protection  of  people  with
   special needs

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4004 of the education law is amended  by  adding  a
 new subdivision 5 to read as follows:
   5.  THE  BOARD  OF EDUCATION OF A SPECIAL ACT SCHOOL DISTRICT SHALL BE
 AUTHORIZED TO ESTABLISH A FISCAL STABILIZATION RESERVE FUND.  THERE  MAY
 BE  PAID  INTO  SUCH  FUND  AN AMOUNT AS MAY BE PROVIDED PURSUANT TO THE
 REQUIREMENTS OF PARAGRAPH K OF SUBDIVISION FOUR  OF  SECTION  FORTY-FOUR
 HUNDRED FIVE OF THIS TITLE.
   §  2. Subdivision 4 of section 4405 of the education law is amended by
 adding a new paragraph k to read as follows:
   K. (I) THE TUITION METHODOLOGY ESTABLISHED PURSUANT TO  THIS  SUBDIVI-
 SION  FOR  THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR
 AND ANNUALLY THEREAFTER SHALL AUTHORIZE APPROVED PRIVATE RESIDENTIAL  OR
 NON-RESIDENTIAL  SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES
 THAT ARE LOCATED WITHIN THE STATE, AND SPECIAL ACT SCHOOL DISTRICTS,  TO
 RETAIN  FUNDS  IN  EXCESS  OF  THEIR  ALLOWABLE  AND  REIMBURSABLE COSTS
 INCURRED FOR SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS.  THE
 AMOUNT  OF  FUNDS  THAT  MAY  BE  ANNUALLY RETAINED SHALL NOT EXCEED ONE
 PERCENT OF THE SCHOOL'S OR SCHOOL DISTRICT'S TOTAL ALLOWABLE  AND  REIM-
 BURSABLE COSTS FOR SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS
 FOR  THE  SCHOOL  YEAR FROM WHICH THE FUNDS ARE TO BE RETAINED; PROVIDED
 THAT THE TOTAL ACCUMULATED BALANCE THAT MAY BE RETAINED SHALL NOT EXCEED
 FOUR PERCENT OF SUCH TOTAL COSTS FOR SUCH  SCHOOL  YEAR.  FUNDS  MAY  BE
 EXPENDED ONLY PURSUANT TO AN AUTHORIZATION OF THE GOVERNING BOARD OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11532-01-9

 A. 8001                             2
 
 SCHOOL OR SCHOOL DISTRICT, FOR A PURPOSE EXPRESSLY AUTHORIZED AS PART OF
 THE  APPROVED TUITION METHODOLOGY FOR THE YEAR IN WHICH THE FUNDS ARE TO
 BE EXPENDED. THE DIRECTOR  OF  THE  BUDGET,  IN  CONSULTATION  WITH  THE
 COMMISSIONER,  SHALL  ESTABLISH THE AUTHORIZED USES FOR THE EXPENDITURES
 OF SUCH FUNDS AS PART OF THE APPROVED TUITION METHODOLOGY. ANY SCHOOL OR
 SCHOOL DISTRICT THAT RETAINS FUNDS PURSUANT TO THIS PARAGRAPH  SHALL  BE
 REQUIRED TO ANNUALLY REPORT A STATEMENT OF THE TOTAL BALANCE OF ANY SUCH
 RETAINED  FUNDS,  THE AMOUNT, IF ANY, RETAINED IN THE PRIOR SCHOOL YEAR,
 THE AMOUNT, IF ANY, DISPERSED IN THE PRIOR SCHOOL YEAR,  AND  ANY  ADDI-
 TIONAL  INFORMATION REQUESTED BY THE DEPARTMENT AS PART OF THE FINANCIAL
 REPORTS THAT ARE REQUIRED TO BE ANNUALLY SUBMITTED TO THE DEPARTMENT.
   (II) NOTWITHSTANDING ANY LAW TO THE CONTRARY,  A  SPECIAL  ACT  SCHOOL
 DISTRICT,  AS  AUTHORIZED  UNDER ARTICLE EIGHTY-ONE OF THIS TITLE, OR AN
 EDUCATIONAL OR RESIDENTIAL FACILITY,  AS  AUTHORIZED  BY  CHAPTER  EIGHT
 HUNDRED  FIFTY-THREE  OF  THE  LAWS  OF NINETEEN HUNDRED SEVENTY-SIX, AN
 EDUCATIONAL INSTITUTION AS AUTHORIZED UNDER ARTICLE EIGHTY-FIVE OF  THIS
 TITLE,  OR A PROGRAM AUTHORIZED BY THIS ARTICLE, FOR AID PAYABLE FOR THE
 TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR AND THEREAFTER,
 SHALL RECEIVE AT MINIMUM, THE SAME PERCENTAGE INCREASE AS THAT OF GENER-
 AL SUPPORT FOR PUBLIC SCHOOLS  AS  ENACTED  IN  THE  STATE  BUDGET  WHEN
 COMPARED TO THE ENACTED STATE BUDGET IN THE BASE YEAR.
   §  3.  Section  4405  of  the education law is amended by adding a new
 subdivision 7 to read as follows:
   7. A. WITHIN FUNDS APPROPRIATED FOR SUCH PURPOSE THERE SHALL BE  ADDI-
 TIONAL  AID PAYABLE FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
 SCHOOL YEAR AND THEREAFTER TO  SCHOOLS  PROVIDING  SPECIAL  SERVICES  OR
 PROGRAMS  AS  DEFINED  IN  SUBDIVISION ONE AND PARAGRAPHS E, G, AND L OF
 SUBDIVISION TWO OF SECTION FORTY-FOUR HUNDRED ONE OF  THIS  ARTICLE  AND
 APPROVED  PRESCHOOL  PROGRAMS THAT PROVIDE FULL AND HALF-DAY EDUCATIONAL
 PROGRAMS IN ACCORDANCE WITH SECTION FORTY-FOUR HUNDRED TEN OF THIS ARTI-
 CLE TO HELP PREVENT EXCESSIVE STAFF TURNOVER THROUGH A TARGETED  ADJUST-
 MENT  OF COMPENSATION FOR RELATED SERVICES PROVIDERS AS DEFINED IN PARA-
 GRAPH K OF SUBDIVISION TWO OF SECTION FORTY-FOUR  HUNDRED  ONE  OF  THIS
 ARTICLE,  PROVIDING  DIRECT  SERVICES  TO  STUDENTS AT SUCH SCHOOLS. THE
 COMMISSIONER SHALL DEVELOP AN ALLOCATION PLAN, SUBJECT TO  THE  APPROVAL
 OF THE DIRECTOR OF THE BUDGET, THAT DISTRIBUTES FUNDS APPROPRIATED HERE-
 IN AMONG ELIGIBLE SCHOOLS.
   B.  WITHIN  FUNDS  APPROPRIATED  FOR SUCH PURPOSE THERE SHALL BE ADDI-
 TIONAL AID PAYABLE FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND  NINETEEN
 SCHOOL  YEAR  AND  THEREAFTER  TO SCHOOLS FOR THE BLIND AND DEAF TO HELP
 PREVENT EXCESSIVE INSTRUCTIONAL STAFF AND DIRECT SERVICES STAFF TURNOVER
 THROUGH A TARGETED ADJUSTMENT OF  COMPENSATION  FOR  TEACHERS  PROVIDING
 DIRECT  INSTRUCTIONAL SERVICES AND RELATED SERVICES PROVIDERS AS DEFINED
 IN PARAGRAPH K OF SUBDIVISION TWO OF SECTION FORTY-FOUR HUNDRED  ONE  OF
 THIS ARTICLE, PROVIDING DIRECT SERVICES TO STUDENTS AT SUCH SCHOOLS. THE
 COMMISSIONER  SHALL  DEVELOP AN ALLOCATION PLAN, SUBJECT TO THE APPROVAL
 OF THE DIRECTOR OF THE BUDGET, THAT DISTRIBUTES FUNDS APPROPRIATED HERE-
 IN AMONG ELIGIBLE SCHOOLS.
   § 4. The education law is amended by adding a new section 4008 to read
 as follows:
   § 4008. EXPUNCTION OF A  RECORD.  ANY  PERSON  EMPLOYED,  INCLUDING  A
 LICENSED  OR  CREDENTIALED  PERSON  EMPLOYED  BY  A  SPECIAL  ACT SCHOOL
 DISTRICT, AS AUTHORIZED UNDER THIS ARTICLE, AN EDUCATIONAL  OR  RESIDEN-
 TIAL FACILITY, AS AUTHORIZED BY CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE
 LAWS  OF  NINETEEN  HUNDRED  SEVENTY-SIX,  AN EDUCATIONAL INSTITUTION AS
 AUTHORIZED UNDER ARTICLE EIGHTY-FIVE OF THIS TITLE, OR A PROGRAM AUTHOR-

 A. 8001                             3
 
 IZED BY ARTICLE EIGHTY-NINE OF THIS TITLE, SHALL UPON NOTIFICATION OF AN
 UNSUBSTANTIATED ALLEGATION OF ABUSE OR NEGLECT  AS  DEFINED  IN  SECTION
 FOUR  HUNDRED NINETY-FOUR OF THE SOCIAL SERVICES LAW, HAVE THE RECORD OF
 UNSUBSTANTIATED  ALLEGATION  OF  ABUSE  OR  NEGLECT  EXPUNGED FROM THEIR
 LICENSE, CREDENTIAL, AND/OR PERSONNEL RECORD.
   § 5. Subdivision 1 of section 494 of the social services law, as added
 by section 1 of part B of chapter 501 of the laws of 2012, is amended to
 read as follows:
   1. (a) THE SUBJECT OF AN INVESTIGATION OF AN ALLEGATION  OF  ABUSE  OR
 NEGLECT  SHALL BE NOTIFIED OF THEIR STATUS AS THE SUBJECT OF AN INVESTI-
 GATION OF AN ALLEGATION OF ABUSE OR NEGLECT WITHIN FIVE CALENDAR DAYS OF
 THE RECEIPT OF AN ALLEGATION AGAINST SUCH SUBJECT. THE JUSTICE CENTER OR
 COOPERATING OVERSIGHT AGENCY SHALL HAVE  AN  ADDITIONAL  SIXTY  CALENDAR
 DAYS  TO COMPLETE ITS INVESTIGATION, CONDUCT ANY HEARINGS, AND TO INFORM
 THE SUBJECT OF THE ALLEGATION OF ABUSE OR NEGLECT OF THE OUTCOME OF  THE
 INVESTIGATION. THE SUBJECT OF AN INVESTIGATION OF AN ALLEGATION OF ABUSE
 OR  NEGLECT  MAY  BE  SUSPENDED PENDING A HEARING ON THE CHARGES AND THE
 FINAL DETERMINATION THEREOF. THE SUSPENSION SHALL BE  WITH  PAY,  EXCEPT
 THE EMPLOYEE MAY BE SUSPENDED WITHOUT PAY IF SUCH EMPLOYEE HAS ENTERED A
 GUILTY  PLEA  TO  OR HAS BEEN CONVICTED OF A FELONY CRIME CONCERNING THE
 CRIMINAL SALE OR POSSESSION OF A CONTROLLED SUBSTANCE, A PRECURSOR OF  A
 CONTROLLED  SUBSTANCE,  OR  DRUG PARAPHERNALIA AS DEFINED IN ARTICLE TWO
 HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW; OR  A  FELONY
 CRIME  INVOLVING THE PHYSICAL ABUSE OF A MINOR OR STUDENT. THE IMPARTIAL
 HEARING OFFICE, AS DEFINED BY SECTION FIVE  HUNDRED  SIXTY-FOUR  OF  THE
 EXECUTIVE  LAW,  SHALL  RENDER  A  DECISION  WITHIN  FIFTEEN DAYS OF THE
 COMPLETION OF THE INVESTIGATORY PERIOD  IF  SUBSTANTIATED  CHARGES  WERE
 MADE. At any time subsequent to the completion of an investigation of an
 allegation  of  abuse or neglect, but in no event later than thirty days
 after the subject of the report is notified that the report is  substan-
 tiated,  the  subject  may  request that the vulnerable persons' central
 register amend the findings of the report.  If  the  register  does  not
 amend  the  findings  of the report in accordance with such request, the
 subject shall have the right to be heard before  an  administrative  law
 judge, to determine whether the findings of the report should be amended
 on  the  grounds  that  they  are  inaccurate  or  inconsistent with the
 provisions in this article. The office shall establish [an appeals proc-
 ess] A PROCESS OF NOTIFICATION OF APPEALS, WITHIN FIVE BUSINESS DAYS  OF
 NOTIFICATION  OF A DECISION, by which the subject of the report is noti-
 fied of the right to appeal and the procedure by which  he  or  she  may
 challenge  the  determination  that a report is substantiated, with a de
 novo standard of review.
   (b) If the administrative law judge determines that the justice center
 failed to prove by a preponderance of the evidence the finding that  the
 subject  committed  the  act  or  acts  of abuse or neglect, the justice
 center shall amend the record to reflect that such a finding  was  made,
 and  shall  [promptly]  WITHIN FIVE CALENDAR DAYS, notify the subject of
 the report and any other persons or entities previously notified of  the
 existence  of  the  report  of the amended finding. Such report shall be
 sealed in accordance with  the  standards  set  forth  in  section  four
 hundred ninety-six of this article.
   §  6. The executive law is amended by adding a new section 563 to read
 as follows:
   § 563. JOINT TRAINING. THE JUSTICE  CENTER  SHALL  BIANNUALLY  CONDUCT
 REGIONAL  JOINT  TRAININGS  ON  OVERSIGHT AND STANDARDS WITH EDUCATIONAL
 INSTITUTIONS AND FACILITIES THAT  THE  JUSTICE  CENTER  AND  COOPERATING

 A. 8001                             4
 
 OVERSIGHT  AGENCIES EXERCISE JURISDICTION OVER TO ENSURE EQUAL STANDARDS
 AND ENFORCEMENT AMONG THE DIFFERENT REGIONS OF THE  STATE.    THE  JOINT
 TRAININGS  PARTICIPANTS  SHALL  INCLUDE,  BUT NOT BE LIMITED TO: JUSTICE
 CENTER HEADQUARTERS STAFF, JUSTICE CENTER REGIONAL OFFICE STAFF, JUSTICE
 CENTER  AND  COOPERATING  OVERSIGHT  AGENCIES  INVESTIGATIVE  STAFF, THE
 BARGAINING UNIT, IF ANY, OF ANY EMPLOYEE OF AN  EDUCATIONAL  INSTITUTION
 OR FACILITY UNDER THE OVERSIGHT OF THE JUSTICE CENTER OR ANY COOPERATING
 OVERSIGHT  AGENCIES,  AND  EMPLOYEES  FROM EACH JOB CLASSIFICATION AT AN
 EDUCATIONAL INSTITUTION OR FACILITY UNDER THE OVERSIGHT OF  THE  JUSTICE
 CENTER OR ANY COOPERATING OVERSIGHT AGENCIES.
   §  7. The executive law is amended by adding a new section 564 to read
 as follows:
   § 564. HEARING OFFICERS. 1. ALL  HEARINGS  PURSUANT  TO  THIS  SECTION
 SHALL  BE  CONDUCTED  BEFORE AND BY A SINGLE HEARING OFFICER SELECTED AS
 PROVIDED FOR IN THIS SECTION. A HEARING OFFICER SHALL NOT BE ELIGIBLE TO
 SERVE IN SUCH POSITION IF  HE  OR  SHE  IS  A  RESIDENT  OF  THE  SCHOOL
 DISTRICT, OTHER THAN THE CITY OF NEW YORK, UNDER THE JURISDICTION OF THE
 EMPLOYING  BOARD  OR AGENCY, AN EMPLOYEE, AGENT OR REPRESENTATIVE OF THE
 EMPLOYING BOARD OR OF ANY LABOR ORGANIZATION REPRESENTING  EMPLOYEES  OF
 SUCH  EMPLOYING  BOARD  OR AGENCY, HAS SERVED AS SUCH AGENT OR REPRESEN-
 TATIVE WITHIN TWO YEARS OF THE DATE OF THE SCHEDULED HEARING, OR  IF  HE
 OR  SHE  IS THEN SERVING AS A MEDIATOR OR FACT FINDER IN THE SAME SCHOOL
 DISTRICT. THE PROCESS FOR SELECTION  OF  AN  IMPARTIAL  HEARING  OFFICER
 SHALL  BE  AS  SIMILAR  AS  POSSIBLE TO THE REGULATORY FRAMEWORK FOR THE
 APPOINTMENT OF AN IMPARTIAL HEARING OFFICER FOR DUE PROCESS COMPLAINTS.
   2. NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR THE PURPOSES  OF  THIS
 SECTION, FOR ANY ALLEGATIONS OR CHARGES, OTHER THAN CRIMINAL ALLEGATIONS
 OR  CHARGES,  ANY  PERSONS,  INCLUDING  LICENSED OR CREDENTIALED PERSONS
 EMPLOYED BY A SPECIAL ACT SCHOOL DISTRICT, AS AUTHORIZED  UNDER  ARTICLE
 EIGHTY-ONE OF THE EDUCATION LAW, OR AN EDUCATIONAL OR RESIDENTIAL FACIL-
 ITY,  AS  AUTHORIZED BY CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE LAWS OF
 NINETEEN HUNDRED SEVENTY-SIX, AN EDUCATIONAL INSTITUTION  AS  AUTHORIZED
 UNDER  ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW, OR A PROGRAM AUTHORIZED
 BY ARTICLE EIGHTY-NINE OF THE EDUCATION LAW, SHALL BE ENTITLED TO REPRE-
 SENTATION BY A REPRESENTATIVE OF THE BARGAINING UNIT  OR  REPRESENTATION
 SECURED  BY  THE  PERSON EMPLOYED, TO BE PRESENT IN ANY INVESTIGATION BY
 THE JUSTICE CENTER OR ANY COOPERATING OVERSIGHT AGENCIES.
   3. NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR THE PURPOSES  OF  THIS
 SECTION, FOR ANY CRIMINAL ALLEGATIONS OR CHARGES, ANY PERSONS, INCLUDING
 LICENSED  OR  CREDENTIALED  PERSONS  EMPLOYED  BY  A  SPECIAL ACT SCHOOL
 DISTRICT, AS AUTHORIZED UNDER ARTICLE EIGHTY-ONE OF THE  EDUCATION  LAW,
 OR  AN  EDUCATIONAL  OR  RESIDENTIAL  FACILITY, AS AUTHORIZED BY CHAPTER
 EIGHT HUNDRED FIFTY-THREE OF THE LAWS OF NINETEEN  HUNDRED  SEVENTY-SIX,
 AN  EDUCATIONAL  INSTITUTION  AS AUTHORIZED UNDER ARTICLE EIGHTY-FIVE OF
 THE EDUCATION LAW, OR A PROGRAM AUTHORIZED BY ARTICLE EIGHTY-NINE OF THE
 EDUCATION LAW, SHALL BE ENTITLED TO REPRESENTATION BY  A  REPRESENTATIVE
 OF THE BARGAINING UNIT OR REPRESENTATION SECURED BY THE PERSON EMPLOYED,
 TO  BE PRESENT IN ANY INVESTIGATION BY THE JUSTICE CENTER OR ANY COOPER-
 ATING OVERSIGHT AGENCIES.
   § 8. This act shall take effect immediately.