S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2949
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  requiring  private
   schools  to  provide  to the commissioner of education copies of their
   current certificate of occupancy and most recent  fire  safety  report
   prior  to  receipt  of apportionment funds or a Basic Educational Data
   System code
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The education law is amended by adding a new section 409-n
 to read as follows:
   § 409-N. NON-PUBLIC SCHOOL BUILDING REQUIREMENTS IN RELATION TO HEALTH
 AND  SAFETY. 1. PRIOR TO THE ISSUANCE OF A BASIC EDUCATIONAL DATA SYSTEM
 (BEDS) CODE TO A NON-PUBLIC SCHOOL AND  ANNUALLY  THEREAFTER,  THE  NON-
 PUBLIC  SCHOOL SHALL BE REQUIRED TO SUBMIT TO THE COMMISSIONER, AT MINI-
 MUM, VALID COPIES OF THE FOLLOWING:
   (A) A CERTIFICATE OF INCORPORATION OR A CHARTER ISSUED BY THE BOARD OF
 REGENTS;
   (B) A CURRENT CERTIFICATE OF OCCUPANCY AND USE ISSUED BY  THE  MUNICI-
 PALITY WHERE THE SCHOOL BUILDINGS ARE LOCATED;
   (C) A RECENT FIRE INSPECTION COMPLETED BY AN ELIGIBLE AUTHORITY PURSU-
 ANT TO SUBDIVISION THREE OF SECTION EIGHT HUNDRED SEVEN-A OF THIS TITLE;
   (D) A STATEMENT OF THE MAXIMUM CAPACITY OF THE BUILDING BEING USED FOR
 EDUCATIONAL PURPOSES AS SET BY THE LOCAL GOVERNMENT; AND
   (E)  A  LIST  OF  ADDITIONAL  OCCUPANTS  AT THE SAME ADDRESS THAT IS A
 REGISTERED NON-PUBLIC SCHOOL.
   2. NOTHING IN THIS SECTION SHALL LIMIT THE COMMISSIONER'S AUTHORITY TO
 REQUIRE ADDITIONAL  DOCUMENTATION  FROM  NON-PUBLIC  SCHOOLS  AS  DEEMED
 NECESSARY.
   3.  ON  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, ALL
 NON-PUBLIC SCHOOLS THAT CURRENTLY HAVE A BASIC EDUCATIONAL  DATA  SYSTEM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07001-01-3
              

 A. 2949                             2
 
 (BEDS)  CODE  REGARDLESS  OF  WHEN IT WAS FIRST ISSUED SHALL PROVIDE THE
 DEPARTMENT WITH VALID COPIES OF THE ITEMS PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION AS PART OF AN ANNUAL RECERTIFICATION. A FAILURE TO  PROVIDE
 THESE  DOCUMENTS  BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR AND
 EACH YEAR THEREAFTER WILL RESULT IN  REIMBURSEMENTS  TO  THE  NON-PUBLIC
 SCHOOL  BEING  WITHHELD  AND  IF NOT RECEIVED WITHIN NINETY DAYS, AT THE
 DISCRETION OF THE COMMISSIONER,  CAN  RESULT  IN  A  REVOCATION  OF  THE
 SCHOOL'S  BASIC  EDUCATIONAL  DATA SYSTEM (BEDS) CODE, PROVIDED THAT THE
 NON-PUBLIC SCHOOL IS AFFORDED THE RIGHT TO BE HEARD BY THE COMMISSIONER.
   § 2. This act shall take effect immediately.