Relates to certified school psychologists and programs for preschool children with handicapping conditions

BILL NUMBER:S5445B

Title of bill

An act to amend the education law, in relation to certified school psychologists and special education services and programs for preschool children with handicapping conditions; and providing for the repeal of such provisions upon expiration thereof

Purpose

This bill would allow approved multidisciplinary evaluation programs to employ a certified school psychologist to conduct a multidisciplinary evaluation of a preschool child or an infant or toddler having or suspected of having a disability. This bill would expire on June 30, 2016.

Summary of provisions

Section 1. Amends paragraph (d) of subdivision 6 of section 4410 of the education law to allow multidisciplinary evaluation programs approved pursuant to section 4410 of the education law to employ a certified school psychologist to conduct a multidisciplinary evaluation of a preschool child having or suspected of having a disability.

Section 2. Amends subdivision one of section 7605 of the education law to exempt from licensure until June 30, 2016, school psychologists employed by approved preschool special education programs or early intervention programs for the purpose of conducting multidisciplinary evaluations.

Section 3. Establishes the effective date and repeal date of this law.

Justification

Section 4410 of the education law allows approved center-based programs to employ a certified school psychologist in a preschool setting. Recently, the State Education Department issued a special education field advisory and learned that multidisciplinary evaluation programs are also using certified school psychologists to conduct evaluations of preschool students with disabilities even though they are not permitted under law to do so. In speaking with the field, shortages of licensed psychologists have made it difficult for these multidisciplinary evaluation programs to ensure timely psychological evaluations of preschool students with disabilities as is required by law. The federal Individuals with Disabilities Education Act (IDEA) requires that initial evaluations of preschool children with disabilities be conducted within 60 days of parental consent for the evaluation. In addition, state law requires that approved multidisciplinary evaluation programs selected by the parent conduct such evaluations. It is important that these evaluations continue to occur in a timely manner. This legislation would temporarily allow multidisciplinary evaluation programs to employ a certified school psychologist to conduct these evaluations continue to take place until this issue is investigated further.

Legislative history

New bill.

Fiscal implications

Unknown at this time.

Effective date

This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2014, provided, however, that the provisions of this act shall expire and be deemed repealed June 30, 2016.