What's happening
This bill requires private schools to submit safety and occupancy documents to the education commissioner annually to receive state funds or a BEDS code.
Why it matters
Increases oversight and accountability for private schools. By requiring submission of up-to-date certificates of occupancy, fire inspections, and building capacity statements, the bill ensures that private schools meet local health and safety standards before receiving state recognition or funding.
Links state funding and recognition to compliance. Schools that fail to provide required documents risk having their state reimbursements withheld, and potentially losing their BEDS code, which is essential for their operation and access to state programs.
Mandates transparency about building use and occupancy. The requirement to list all occupants (other non-public schools at the same address) aims to prevent overcrowding and clarify how educational spaces are being used, which may address safety and zoning concerns.
Empowers the education commissioner for further action. The bill gives the commissioner authority to request additional documentation as needed, and ensures due process for schools facing penalties, balancing regulatory enforcement with fairness.
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Who cares
Non-public school operators
They would have to submit incorporation or charter records, occupancy and fire inspection documents, building capacity information and a list of additional occupants before receiving a BEDS code and annually thereafter.
Non-public schools with existing BEDS codes
Missing annual documentation deadlines would trigger withheld reimbursements and could lead to code revocation after ninety days, with a right to be heard by the commissioner.
State Education Department
The department would receive annual documentation, and the commissioner could require additional records and revoke BEDS codes for continued noncompliance.
Municipal governments and eligible fire inspection authorities
Their occupancy certificates, capacity determinations and fire inspections would form part of the documentation non-public schools must submit.
Headline styles
Require Private School Safety Docs
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Private School Safety Docs
In Senate Committee · Education · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1965
2019-2020 Regular Sessions
IN ASSEMBLY
January 18, 2019
Introduced by M. of A. ZEBROWSKI, JAFFEE -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to requiring private schools to provide to the commissioner of education copies of their current certificate of occupancy and most recent fire safety report prior to receipt of apportionment funds or a Basic Educational Data System code
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The education law is amended by adding a new section 409-m to read as follows:
§ 409-m. Non-public school building requirements in relation to health and safety. 1. Prior to the issuance of a Basic Educational Data System (BEDS) code to a non-public school and annually thereafter, the nonpublic school shall be required to submit to the commissioner, at minimum, valid copies of the following:
(a) a certificate of incorporation or a charter issued by the board of regents;
(b) a current certificate of occupancy and use issued by the municipality where the school buildings are located;
(c) a recent fire inspection completed by an eligible authority pursuant to subdivision three of section eight hundred seven-a of this title;
(d) a statement of the maximum capacity of the building being used for educational purposes as set by the local government; and
(e) a list of additional occupants at the same address that is a registered non-public school.
2. Nothing in this section shall limit the commissioner's authority to require additional documentation from non-public schools as deemed necessary.
3. On or before December thirty-first, two thousand twenty, all nonpublic schools that currently have a Basic Educational Data System
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01194-01-9
A. 1965 2
(BEDS) code regardless of when it was first issued shall provide the department with valid copies of the items pursuant to subdivision one of this section as part of an annual recertification. A failure to provide these documents by December thirty-first, two thousand twenty and each year thereafter will result in reimbursements to the non-public school being withheld and if not received within ninety days, at the discretion of the commissioner, can result in a revocation of the school's Basic Educational Data System (BEDS) code, provided that the non-public school is afforded the right to be heard by the commissioner.
§ 2. This act shall take effect immediately. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.