Extends provisions of law relating to certified school psychologists and special education services and programs for preschool children with handicapping conditions

Title of bill

An act to amend chapter 217 of the laws of 2015, amending the education law relating to certified school psychologists and special education services and programs for preschool children with handicapping conditions, in relation to the effectiveness 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, 2018.

Summary of provisions

Section 1. Amends paragraph (d) of subdivision 6 of 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 on a full time or part time salary basis, which may include an hourly, weekly or monthly basis or on a fee for evaluation services basis provided that the school psychologist is employed by and under the dominion and control of a program that has been approved pursuant to paragraph b of subdivision nine of this section or subdivision nine-a of this section to conduct a multidisciplinary evaluation of a preschool child having or suspected of having a disability.

Section 2. Amends subdivision 1 of section 7605 of the education law to exempt from licensure until June 30, 2018, certified school psychologists employed on a full time or part time salary basis which may include an hourly, weekly or monthly basis or on a fee for evaluation services basis provided that the certified school psychologist is employed by and under the dominion and control of a program that has been approved in accordance with title two-A of article twenty five of the public health law to deliver early intervention programs for the purpose of conducting multidisciplinary evaluations, service where preschool special education program or early interventions programs services are authorized.

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 continue to employ a certified school psychologist to conduct these evaluations while this issue is investigated further. Also, the bill makes clear that nothing in the legislation should be interpreted to authorize a certified school psychologist or group of such psychologists to independently practice or form and an independent group.

Legislative history

New bill.

Fiscal implications

TBD.

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, 2018.