S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3336
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT  to  amend the education law, in relation to physical therapists
   and occupational therapists in school districts and board  of  cooper-
   ative educational services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 912 of the education law, as amended by chapter 477
 of the laws of 2004, is amended to read as follows:
   § 912. Health and welfare services to all children. The voters  and/or
 trustees  or  board  of  education  of every school district shall, upon
 request of the authorities of a school other than public, provide  resi-
 dent  children  who attend such school with any or all of the health and
 welfare services and facilities which are made available by such  voters
 and/or  trustees  or board of education to or for children attending the
 public schools of the district. Such services may include, but  are  not
 limited  to  all services performed by a physician, physician assistant,
 PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST, dentist,  dental  hygienist,
 registered  professional nurse, nurse practitioner, school psychologist,
 school social worker or school speech therapist, and  may  also  include
 dental  prophylaxis,  vision  and  hearing  screening  examinations, the
 taking of medical histories and the administration of  health  screening
 tests,  the  maintenance  of  cumulative health records and the adminis-
 tration of emergency care programs for ill or injured students. Any such
 services  or  facilities  shall  be  so  provided  notwithstanding   any
 provision  of  any  charter or other provision of law inconsistent here-
 with. Where children residing in one school  district  attend  a  school
 other than public located in another school district, the school author-
 ities  of  the  district  of  residence  shall  contract with the school
 authorities of the district where such nonpublic school is located,  for
 the provision of such health and welfare services and facilities to such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03586-01-3
              

 A. 3336                             2
 
 children  by the school district where such nonpublic school is located,
 for a consideration to be agreed upon between the school authorities  of
 such  districts,  subject to the approval of the qualified voters of the
 district  of  residence when required under the provisions of this chap-
 ter. Every such contract shall be in writing and in the form  prescribed
 by the commissioner, and before such contract is executed the same shall
 be submitted for approval to the superintendent of schools having juris-
 diction  over  such  district  of  residence and such contract shall not
 become effective until approved by such superintendent.
   § 2. The education law is amended by adding a new section 3039 to read
 as follows:
   § 3039. PHYSICAL AND OCCUPATIONAL THERAPISTS. EACH SCHOOL DISTRICT  OR
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES WHICH EMPLOYS A PHYSICAL THER-
 APIST  AS  LICENSED  PURSUANT  TO ARTICLE ONE HUNDRED THIRTY-SIX OF THIS
 CHAPTER OR AN OCCUPATIONAL THERAPIST LICENSED PURSUANT  TO  ARTICLE  ONE
 HUNDRED  FIFTY-SIX  OF THIS CHAPTER SHALL CATEGORIZE AND PAY SUCH THERA-
 PISTS IN ALIGNMENT WITH THE DEPARTMENT'S CAREER  LADDER  PATHWAY  FRAME-
 WORK.  EACH SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
 SHALL FURTHER OFFER SUCH THERAPISTS SCHOOL LEADERSHIP OPPORTUNITIES THAT
 ARE DEVELOPED COLLABORATIVELY AND SYSTEMATICALLY TO IMPLEMENT COMPREHEN-
 SIVE SYSTEMS OF PROFESSIONAL LEARNING, SUPPORT AND ADVANCEMENT  FOR  ALL
 EDUCATORS.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.