§ 6503-b. Waiver for certain special education schools and early
intervention agencies. 1. Definitions. As used in this section the
following terms shall have the following meanings:

a. "Special education school" means an approved program as defined in
paragraph b of subdivision one of section forty-four hundred ten of this
chapter that meets the requirements of paragraph b of subdivision six of
such section forty-four hundred ten; an approved private non-residential
or residential school for the education of students with disabilities
that is located within the state; a child care institution as defined in
section four thousand one of this chapter that operates a private school
for the education of students with disabilities or an institution for
the deaf or blind operating pursuant to article eighty-five of this
chapter that either: (1) conducts a multi-disciplinary evaluation for
purposes of articles eighty-one or eighty-nine of this chapter that
involves the practice of one or more professions for which a license is
required pursuant to this title and no exception from corporate practice
restrictions applies, or (2) provides related services to students
enrolled in the school or approved program that involves the practice of
one or more professions for which a license is required pursuant to this
title and no exception from practice restrictions applies. Such term
shall not include a school district, board of cooperative educational
services, municipality, state agency or other public entity. Nothing in
this section shall be construed to require a child care institution that
conducts multi-disciplinary evaluations or provides related services
through an approved private nonresidential school operated by such child
care institution to obtain a waiver, provided that such school obtains a
waiver pursuant to this section.

b. "Early intervention agency" means an agency which is approved or is
seeking approval in accordance with title two-A of article twenty-five
of the public health law to deliver early intervention program
multi-disciplinary evaluations, service coordination services and early
intervention program services, and is lawfully operated as a sole
proprietorship or by a partnership, not-for-profit corporation,
education corporation, business corporation, a limited liability company
or professional services organization 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.

c. "Early intervention program services" means early intervention
services as defined in subdivision seven of section twenty-five hundred
forty-one of the public health law that are provided under the early
intervention program and authorized in an eligible child's
individualized family services plan.

d. "Multi-disciplinary evaluation" for purposes of a special education
school means a multi-disciplinary evaluation of a preschool child
suspected of having a disability or a preschool child with a disability
that is conducted pursuant to section forty-four hundred ten of this
chapter or an evaluation of a school-age child suspected of having a
disability or with a disability which is conducted by a child care
institution that operates a special education school or the special
education school operated by such institution pursuant to subdivision
three of section four thousand two of this chapter or by an institution
for the deaf or blind operating pursuant to article eighty-five of this
chapter or an evaluation of a school-age child suspected of having a
disability or with a disability that is authorized to be conducted by a
special education school pursuant to any other provision of this chapter
and the regulations of the commissioner for purposes of identification
of the child as a child with a disability or the development of an
individualized education program for the child.

e. "Multi-disciplinary evaluation" for purposes of the early
intervention program means a professional, objective assessment
conducted by appropriately qualified personnel in accordance with
section twenty-five hundred forty-four of the public health law and its
implementing regulations to determine a child's eligibility for early
intervention program services.

f. "Related services" means related services as defined in paragraph g
of subdivision two of section four thousand two, paragraph k of
subdivision two of section forty-four hundred one, or paragraph j of
subdivision one of section forty-four hundred ten of this chapter
provided to a child with a disability pursuant to such child's
individualized education program.

2. Waiver. a. No special education school may employ individuals
licensed pursuant to this article to conduct components of a
multi-disciplinary evaluation of a child with a disability or a child
suspected of having a disability or to provide related services to
children with disabilities enrolled in the school, and no special
education school may provide such an evaluation component or related
services by contract with an individual licensed or otherwise authorized
to practice pursuant to this article or with an entity authorized by law
to provide such professional services, unless such school obtains a
waiver pursuant to this section. All special education schools approved
by the commissioner as of the effective date of this section shall be
deemed operating under a waiver pursuant to this section for a period
commencing on such effective date and ending on July first, two thousand
thirteen.

b. No early intervention agency may employ or contract with
individuals licensed pursuant to this article or with a not-for-profit
corporation, education corporation, business corporation, limited
liability company, or a professional services organization 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, to conduct an early intervention program
multi-disciplinary evaluation, provide service coordination services or
early intervention program services unless such agency has obtained a
waiver pursuant to this section and has been approved in accordance with
title two-A of article twenty-five of the public health law as an early
intervention program provider. All early intervention agencies approved
as of the effective date of this section shall be deemed to be operating
under a waiver pursuant to this section for a period commencing on such
effective date and ending on July first, two thousand thirteen. Nothing
in this section shall be construed to require an early intervention
agency to operate under a waiver in accordance with this section
provided that it is otherwise authorized by law to provide the
applicable professional services.

3. Obtaining a waiver. a. A special education school and early
intervention agency shall obtain an application for a waiver on a form
prescribed by the department. The department may issue a waiver on or
after July first, two thousand thirteen to an entity which was created
before, on or after the effective date of this section if there is
demonstration of need of the entity's services satisfactory to the
department. The application for an initial waiver shall be accompanied
by a fee of three hundred forty-five dollars. Where the applicant
simultaneously applies for a waiver as a special education school and
early intervention agency the total waiver fee shall be three hundred
forty-five dollars.

b. Within one hundred twenty days after the commissioner prescribes
the application form and posts notice of its availability on the
department's website, a special education school or early intervention
agency must apply for a waiver. Upon submission of such application, the
school or agency may continue to operate and provide services until the
department shall either deny or approve the application. After the
department renders a timely initial determination that the applicant has
submitted the information necessary to verify that the requirements of
paragraphs c, d and e of this subdivision are satisfied, applications
for waivers shall be approved or denied within ninety days, provided
however that if the waiver application is denied the school or agency
shall cease providing services pursuant to this subdivision in the state
of New York.

c. Such waiver shall provide that services rendered pursuant to this
section, directly or indirectly, shall be provided only by a person
appropriately licensed to provide such services, except as otherwise
provided in law, to provide such services or by a professional services
entity authorized by law to provide such services.

d. An application for a waiver to provide professional services
pursuant to this section shall be on a form prescribed by the
commissioner. Such application shall include: (i) the name of the
special education school or early intervention agency; (ii) the names of
the directors or trustees and officers of such school or agency; (iii) a
listing of any other jurisdictions where such school or agency may
provide services; and (iv) an attestation made by an officer authorized
by such school or agency to make such attestation that identifies the
scope of services to be provided; includes a list of professions under
this title in which professional services will be provided by such
school or agency; includes a statement that, unless otherwise authorized
by law, the school or agency shall only provide services authorized
under this section; includes a statement that only a licensed
professional, a person otherwise authorized to provide such services, or
a professional services entity authorized by law to provide such
services shall provide such services as authorized under this section;
and attests to the adequacy of the school's or agency's fiscal and
financial resources to provide such services. Such application shall
also include any other information related to the application as may be
required by the department. A school or agency with an approved waiver
may apply, on a form prescribed by the commissioner, to amend the waiver
to add additional professional services.

e. Each officer, trustee and director of such school or agency shall
provide an attestation regarding his or her good moral character as
required pursuant to paragraph g of this subdivision. The commissioner
shall be further authorized to promulgate rules or regulations relating
to the standards of the waiver for special education schools and early
intervention agencies pursuant to this section. Such regulations shall
include standards relating to the school's or agency's ability to
provide services, the school's or agency's maintenance of student or
client and business records, the school's or agency's fiscal policies,
and such other standards as may be prescribed by the commissioner.

f. The special education school or early intervention agency operating
pursuant to a waiver shall display, at each site where services are
provided to the public, a certificate of such waiver issued by the
department pursuant to this section, which shall contain the name of the
school or agency and the address of the site. Such schools or agencies
shall obtain from the department additional certificates for each site
at which professional services are provided to the public. Each school
or agency shall be required to re-apply for a waiver every three years.
An early intervention agency's waiver shall not be renewed unless the
agency is approved to provide early intervention program
multi-disciplinary evaluations, service coordination or early
intervention program services in accordance with title two-A of article
twenty-five of the public health law. Except as otherwise provided in
subdivision four of this section, if any information supplied to the
department regarding the school or agency shall change, the school or
agency shall be required to provide such updated information to the
department within sixty days.

g. All officers, trustees and directors of such schools or agencies
shall be of good moral character. Schools or agencies operating pursuant
to a waiver and their officers and directors shall be entitled to the
same due process procedures as are provided to such individuals and
professional services corporations. No waiver issued under this section
shall be transferable or assignable; as such terms are defined in the
regulations of the commissioner.

4. Renewal of waiver. A. All special education school and early
intervention agency waivers shall be renewed on dates set by the
department. The triennial waiver fee shall be two hundred sixty dollars
or a pro-rated portion thereof as determined by the department. An early
intervention agency's waiver shall not be renewed unless the agency is
approved to provide early intervention program multi-disciplinary
evaluations, service coordination nor early intervention program
services in accordance with title two-A of article twenty-five of the
public health law.

5. Change of location. In the event that a change in the location of
the chief administrative offices of a special education school or early
intervention agency is contemplated, the owner shall notify the office
of professions of the department of the change of location at least
thirty days prior to relocation.

6. Professional practice. a. Notwithstanding any other provision of
law to the contrary, a special education school operating under a waiver
may employ individuals licensed or otherwise authorized to practice any
profession pursuant to this article to conduct components of a
multi-disciplinary evaluation of a child with a disability or a child
suspected of having a disability or to provide related services to
children with disabilities enrolled in the school or may provide
components of such an evaluation or such related services by contract
with an individual licensed or otherwise authorized to practice pursuant
to this article or a not-for-profit corporation, education corporation,
business corporation, limited liability company or professional services
organization 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 authorized by law
to provide the applicable professional services.

b. Notwithstanding any other provision of law to the contrary, an
early intervention agency operating under a waiver that is approved in
accordance with title two-A of article twenty-five of the public health
law may employ or contract with individuals licensed or otherwise
authorized to practice any profession pursuant to this article or with a
not-for-profit corporation, education corporation, business corporation,
limited liability company or professional services organization
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 authorized to conduct early
intervention program multi-disciplinary evaluations, provide service
coordination services and early intervention program services.

c. A special education school or early intervention agency operating
under a waiver shall not practice any profession licensed pursuant to
this title or hold itself out to the public as authorized to provide
professional services pursuant to this title except as authorized by
this section or otherwise authorized by law.

7. Supervision of professional practice. A special education school or
early intervention agency shall be under the supervision of the regents
of the university of the state of New York and be subject to
disciplinary proceedings and penalties. A special education school or
early intervention agency operating under a waiver shall be subject to
suspension, revocation or annulment of the waiver for cause, in the same
manner and to the same extent as is provided with respect to individuals
and their licenses, certificates, and registrations in the provisions of
this title relating to the applicable profession. Notwithstanding the
provisions of this subdivision, a special education school or early
intervention agency that conducts or contracts for a component of a
multi-disciplinary evaluation that involves the practice of medicine
shall be subject to the pre-hearing procedures and hearing procedures as
is provided with respect to individual physicians and their licenses in
title two-A of article two of the public health law. Notwithstanding any
other provision of law to the contrary, upon revocation or other
termination by the commissioner of approval of the special education
school pursuant to article eighty-nine of this chapter and the
regulations of the commissioner implementing such article or termination
of the early intervention agency pursuant to title two-A of article
twenty-five of the public health law and implementing regulations by the
commissioner pursuant to subdivision eighteen of section forty-four
hundred three of this chapter, the school's or early intervention
agency's waiver pursuant to this section shall be deemed revoked and
annulled.