Relates to the committee on special education and the committee on preschool special education; repealer

efficient and cut costs, the savings of which can be passed on to local property taxpayers.

Summary of provisions

Section 1: Eliminates the requirement that public schools assemble their students on Conservation Day to provide instructionally related activities related to conservation. Instead, this section provides districts with flexibility in celebrating Earth Day.

Section 2: Amends the education law to eliminate duplicative fingerprints for school bus drivers. Currently, the State requires a second set of fingerprints for school bus drivers who have already been certified under §509-cc of the vehicle and traffic law. This section also authorizes the Division of Criminal Justice to provide subsequent criminal history notifications directly to the Commissioner upon notification that a prospective employee has been cleared for employment.

Section 3: Eliminates state requirements for reporting that go beyond the federal requirements of the Asbestos Hazard Emergency Response Act (AHERA). Currently the State requires reporting each year where the Federal Government requires reporting every 3 years.

Section 4: Amends the general municipal law to expand a district's ability to purchase goods and services under general services administration contracts.

Sections 5 and 6: Repeal education law sections to eliminate the requirement for five-year BOCES special education space requirement plans. In its place amendments to the education law creating a general provision that school districts and BOCES must ensure the stability and continuity of program placements for students with disabilities, including procedures that ensure that special education programs and services located in appropriate facilities will not .be relocated without adequate consideration of the needs of participating students with disabilities.

Section 7: Amends the education law to allow districts to schedule superintendent conference days in the last weeks of August to provide flexibility to districts with regard to meeting their requirement to hold 180 regular days of session. This amendment would not alter the responsibility of the school district to provide transportation to non- public elementary and secondary schools or charter schools.

Section 8: Repeals clause d-2 of subparagraph .3 of paragraph b of subdivision 1 of section 4402 of the education law which requires boards of education to develop plans and policies for appropriate declassification of students with disabilities.

Section 9: Amends the education law to remove the requirement that school districts obtain the written consent of the parent prior to the initial placement of the student in a July/August program recommended by the committee on special education. Parents provide consent to a 12 month program well in advance of the summer months. This section eliminates the requirement that the parent must consent twice.

Section 10: Amends the education law to establish that all school districts are approved evaluators of preschool students suspected of having a disability without the need to submit an application to the state education department.

Section 11: Amends the education law to eliminate the requirement that the committee on special education membership must include an additional parent of a student with a disability and a school physician. Language would be added indicating that the Parents have the right to have the physician and additional parent present if desired.

Section 12: Amends the education law to give the school district the option for a teacher to have access to a student's individual education program electronically.

Section 13: Amends the Education Law to allow school districts with fewer than 1,000 students to forego establishing or maintaining an internal audit function. School districts that resolve to eliminate their internal audit functions pursuant to this legislative change would have to notify the State Department of Education (SED) and the Office of the State Comptroller (OSC) of their decision.

Sections 14-16: Require any state mandated program imposed on municipalities or school districts, which created an annual net additional cost in excess of $1 0,000 or an aggregate annual net additional cost in excess of $1 million to be funded by the state.

Sections 17-18: Extend the validity on all police and peace office basic training certificates of completion from two to five years.

Sections 19-20: Amends General Municipal Law to increase thresholds at which localities are required to bid and award a contract. Under current law, localities must comply with bidding provisions within section 103 of the General Municipal Law for purchase contracts over $20,000 and public works contracts over $35,000. This would increase those thresholds to $50,000 and $100,000 respectively and give more local discretion to municipalities for purchasing.

Section 21: Requires new child protective service supervisors to undergo common core training only if the supervisor has never had training or it has been more than five years since the supervisor had such training.

Existing law

JUSTIFICATION: This legislation is necessary to provide municipalities and school districts with additional mandate relief that will in turn allow those localities to provide much needed property tax relief to their residents.

Legislative history

New bill.

Fiscal implications

To be determined.

Effective date

July 1, 2012 with exceptions.