STATE OF NEW YORK ________________________________________________________________________ 7290 2019-2020 Regular Sessions IN ASSEMBLY April 18, 2019 ___________ Introduced by M. of A. STERN -- (at request of the State Education Department) -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to establishing Earth day; in relation to mandate relief for school districts and certain other educational entities; in relation to the provision of special education programs and services to students parentally placed in non- public schools through dual enrollment in the public schools; in relation to eliminating the requirement that the commissioner of education make appointments to state-supported schools; in relation to the committee on special education membership requirements; in relation to transportation of students with disabilities parentally placed in a private school; in relation to the statute of limitations for special education due process hearings; in relation to the selection of a preschool evaluator; in relation to giving school districts or boards of cooperative educational services the option of advertising procurement bids in the state's opportunities newsletter; to amend the environmental conservation law, in relation to state smart growth public infrastructure criteria; to amend the vehicle and traffic law, in relation to school omnibus signs complying with feder- al motor vehicle safety standards; to authorize the commissioner of education to conduct a study of the feasibility and desirability of authorizing school districts and boards of cooperative educational services to enter national credit card contracts; to repeal subdivi- sion 15 of section 353 of the executive law relating to the duties of the state director of the division of veterans' affairs; to repeal clause (h) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law relating to reports on certain chil- dren of Vietnam veterans; to authorize capital outlays for a school construction project less than $250,000; state aid adjustments for prior years; and payment schedules for multi-year recoveries for state aid and extensions for late filings of transportation contracts; to authorize school districts to lease space not located within the school district, and to ratify certain acts in connection with final cost reports filed with the state education department for each EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10249-02-9

A. 7290 2 project for which a certificate of substantial completion was and/or is issued on or after April 1, 1995, where a final cost report was not submitted by June 30th of the school year in which the certificate of substantial completion of the project was issued by the architect or engineer, or six months after issuance of such certificate The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 810 of the education law, as amended by chapter 616 2 of the laws of 1969 and subdivision 1 as amended by chapter 96 of the 3 laws of 1978, is amended to read as follows: 4 § 810. [~~Conservation~~] Earth day. [~~1. The last Friday in April each~~ 5 ~~year is hereby made and declared to be known as Conservation day, and~~ 6 ~~observed in accordance with the provisions of this chapter, except that~~ 7 ~~for the year nineteen hundred seventy-eight, Conservation day shall be~~ 8 ~~May third.~~ 9 ~~2. It shall be the duty of the authorities of every public school in~~ 10 ~~this state to assemble the pupils in their charge on that day in the~~ 11 ~~school building, or elsewhere, as they may deem proper, and to provide~~ 12 ~~for and conduct (1) such exercises as shall tend to encourage the plant-~~ 13 ~~ing, protection and preservation of trees and shrubs, and an acquaint-~~ 14 ~~ance with the best methods to be adopted to accomplish such results, and~~ 15 ~~(2) such lectures, pictures or tours, as shall tend to increase the~~ 16 ~~interest and knowledge of such pupils in the fish and wild life, soil~~ 17 ~~and water of the state.~~ 18 ~~3. The commissioner of education may prescribe from time to time a~~ 19 ~~course of exercises and instruction in the subjects hereinbefore~~ 20 ~~mentioned, which shall be adopted and observed by the public school~~ 21 ~~authorities on Conservation day. Upon receipt of copies of such course~~ 22 ~~sufficient in number to supply all the schools under their supervision,~~ 23 ~~the school authorities aforesaid shall promptly provide each of the~~ 24 ~~schools under their charge with a copy, and cause it to be observed~~] 25 Annually, it shall be the duty of the authorities of every public school 26 in this state to observe Earth day as they may deem proper and to 27 encourage instruction on the earth's natural environment as appropriate. 28 § 2. Paragraph a of subdivision 14 of section 305 of the education 29 law, as amended by chapter 273 of the laws of 1999, is amended to read 30 as follows: 31 a. All contracts for the transportation of school children, all 32 contracts to maintain school buses owned or leased by a school district 33 that are used for the transportation of school children, all contracts 34 for mobile instructional units, and all contracts to provide, maintain 35 and operate cafeteria or restaurant service by a private food service 36 management company shall be subject to the approval of the commissioner, 37 who may disapprove a proposed contract if, in his or her opinion, the 38 best interests of the district will be promoted thereby. Except as 39 provided in paragraph e of this subdivision, all such contracts involv- 40 ing an annual expenditure in excess of the amount specified for purchase 41 contracts in the bidding requirements of the general municipal law shall 42 be awarded to the lowest responsible bidder, which responsibility shall 43 be determined by the board of education or the trustee of a district, 44 with power hereby vested in the commissioner to reject any or all bids 45 if, in his or her opinion, the best interests of the district will be 46 promoted thereby and, upon such rejection of all bids, the commissioner

A. 7290 3 1 shall order the board of education or trustee of the district to seek, 2 obtain and consider new proposals. All proposals for such transporta- 3 tion, maintenance, mobile instructional units, or cafeteria and restau- 4 rant service shall be in such form as the commissioner may prescribe. 5 Advertisement for bids shall be published in a newspaper or newspapers 6 designated by the board of education or trustee of the district having 7 general circulation within the district for such purpose or in the 8 state's procurement opportunities newsletter in accordance with article 9 four-C of the economic development law. Such advertisement shall contain 10 a statement of the time when and place where all bids received pursuant 11 to such advertisement will be publicly opened and read either by the 12 school authorities or by a person or persons designated by them. All 13 bids received shall be publicly opened and read at the time and place so 14 specified. At least five days shall elapse between the first publication 15 of such advertisement and the date so specified for the opening and 16 reading of bids. The requirement for competitive bidding shall not apply 17 to an award of a contract for the transportation of pupils or a contract 18 for mobile instructional units or the provision, maintenance and opera- 19 tion of cafeteria or restaurant service, if such award is based on an 20 evaluation of proposals in response to a request for proposals pursuant 21 to paragraph e of this subdivision. The requirement for competitive 22 bidding shall not apply to annual, biennial, or triennial extensions of 23 a contract nor shall the requirement for competitive bidding apply to 24 quadrennial or quinquennial year extensions of a contract involving 25 transportation of pupils, maintenance of school buses or mobile instruc- 26 tional units secured either through competitive bidding or through eval- 27 uation of proposals in response to a request for proposals pursuant to 28 paragraph e of this subdivision, when such extensions (1) are made by 29 the board of education or the trustee of a district, under rules and 30 regulations prescribed by the commissioner, and, (2) do not extend the 31 original contract period beyond five years from the date cafeteria and 32 restaurant service commenced thereunder and in the case of contracts for 33 the transportation of pupils, for the maintenance of school buses or for 34 mobile instructional units, that such contracts may be extended, except 35 that power is hereby vested in the commissioner, in addition to his or 36 her existing statutory authority to approve or disapprove transportation 37 or maintenance contracts, (i) to reject any extension of a contract 38 beyond the initial term thereof if he or she finds that amount to be 39 paid by the district to the contractor in any year of such proposed 40 extension fails to reflect any decrease in the regional consumer price 41 index for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index 42 for all urban consumers (CPI-U) during the preceding twelve month peri- 43 od; and (ii) to reject any extension of a contract after ten years from 44 the date transportation or maintenance service commenced thereunder, or 45 mobile instructional units were first provided, if in his or her opin- 46 ion, the best interests of the district will be promoted thereby. Upon 47 such rejection of any proposed extension, the commissioner may order the 48 board of education or trustee of the district to seek, obtain and 49 consider bids pursuant to the provisions of this section. The board of 50 education or the trustee of a school district electing to extend a 51 contract as provided herein, may, in its discretion, increase the amount 52 to be paid in each year of the contract extension by an amount not to 53 exceed the regional consumer price index increase for the N.Y., 54 N.Y.-Northeastern, N.J. area, based upon the index for all urban consum- 55 ers (CPI-U), during the preceding twelve month period, provided it has 56 been satisfactorily established by the contractor that there has been at

A. 7290 4 1 least an equivalent increase in the amount of his or her cost of opera- 2 tion, during the period of the contract. 3 § 3. Paragraph e of subdivision 14 of section 305 of the education 4 law, as amended by chapter 464 of the laws of 1997, is amended to read 5 as follows: 6 e. Notwithstanding the provisions of any general, special or local law 7 or charter, a board of education or a trustee of a district, pursuant to 8 rules and regulations promulgated by the commissioner, may award a 9 contract for the transportation of pupils or a contract for mobile 10 instructional units or for the provision, maintenance and operation of 11 cafeteria or restaurant service by a private food service management 12 company involving an annual expenditure in excess of the amount speci- 13 fied for purchase contracts in the bidding requirements of the general 14 municipal law in compliance with the provisions of paragraph a of this 15 subdivision or subsequent to an evaluation of proposals submitted in 16 response to a request for proposals prepared by or for the board of 17 education or trustee of a district. A contract awarded through a request 18 for proposals shall be awarded based on best value in accordance with 19 section one hundred three of the general municipal law. The commission- 20 er, in addition to his or her existing statutory authority to approve or 21 disapprove transportation contracts, may reject any award of a transpor- 22 tation contract or a contract for mobile instructional units that is 23 based on an evaluation of proposals submitted in response to a request 24 for proposals if he or she finds that (1) the contractor is not the most 25 responsive to the request for proposals, or (2) that the best interests 26 of the district will be promoted thereby. 27 § 4. Subdivision 1 of section 6-0107 of the environmental conservation 28 law, as added by chapter 433 of the laws of 2010, is amended to read as 29 follows: 30 1. In addition to meeting other criteria and requirements of law 31 governing approval, development, financing and state aid for the 32 construction of new or expanded public infrastructure or the recon- 33 struction thereof, no state infrastructure agency shall approve, under- 34 take, support or finance a public infrastructure project, including 35 providing grants, awards, loans or assistance programs, unless, to the 36 extent practicable, it is consistent with the relevant criteria speci- 37 fied in subdivision two of this section. Notwithstanding the provisions 38 of this subdivision or any other provision of this article to the 39 contrary, projects for the reconstruction, renovation, repair or 40 improvement of existing public school facilities or existing library 41 facilities, and projects for the construction of new or expanded public 42 school or library facilities in cities having a population of one 43 hundred twenty-five thousand inhabitants or more, shall not be deemed 44 public infrastructure projects subject to the requirements of this arti- 45 cle. 46 § 5. Subparagraph 1 of paragraph (b) and paragraphs (c) and (d) of 47 subdivision 20 of section 375 of the vehicle and traffic law, subpara- 48 graph 1 of paragraph (b) as amended by chapter 242 of the laws of 1992, 49 paragraph (c) as amended by chapter 96 of the laws of 1973 and paragraph 50 (d) as amended by chapter 567 of the laws of 1985, are amended to read 51 as follows: 52 (1) In addition to such signal lamps, two signs shall be conspicuously 53 displayed on the exterior of every such omnibus designating it as a 54 school omnibus by the use of the words "SCHOOL BUS" which shall be 55 painted or otherwise inscribed thereon in black letters. Such letters 56 shall be of uniform size, at least eight inches in height, and each

A. 7290 5 1 stroke of each letter shall be not less than one inch in width. The 2 background of each such sign shall be painted [~~the color known as~~ 3 ~~"national school bus chrome."~~] on a background of retro reflective 4 national school bus yellow material. The material shall be the same 5 quality and type as federal motor vehicle safety standards require for 6 the marking of emergency exits. For each such omnibus having a seating 7 capacity in excess of fifteen children, such signs shall be securely 8 mounted on top of such vehicle, one of which shall be affixed on the 9 front and one on the rear thereof. For each such omnibus having a seat- 10 ing capacity of not more than fifteen children, such signs shall be 11 securely mounted on top of such vehicle, one of which shall face the 12 front and one of which shall face the rear thereof. Each such sign shall 13 be visible and readable from a point at least two hundred feet distant. 14 (c) [~~In the event such vehicle is operated on a public highway during~~ 15 ~~the period between one-half hour after sunset and one-half hour before~~ 16 ~~sunrise, the signs required by paragraph (b) of this subdivision shall~~ 17 ~~be illuminated as to be visible from a point at least five hundred feet~~ 18 ~~distant.~~ 19 ~~(d)~~] Every such omnibus shall be equipped as provided in paragraphs 20 (a) and (b) of this subdivision, [~~and such signs shall be displayed and~~ 21 ~~illuminated in accordance with paragraphs (b) and (c) of this subdivi-~~ 22 ~~sion,~~] and such signal lamps shall be operated as provided in paragraph 23 (a) of this subdivision at all times when such omnibus shall be engaged 24 in transporting pupils to and from school or school activities or in 25 transporting children to and from child care centers maintained for 26 children of migrant farm and food processing laborers, or in transport- 27 ing children to and from camp or camp activities or transporting chil- 28 dren to and from religious services or instruction or transporting 29 persons with disabilities on any such omnibus used by any state facility 30 or not-for-profit agency licensed by the state. 31 § 6. Subdivision 15 of section 353 of the executive law is REPEALED. 32 § 7. The commissioner of education, in consultation with the office of 33 the state comptroller, shall conduct a study of the feasibility and 34 desirability of authorizing school districts and boards of cooperative 35 educational services to enter national credit card contracts as a cost- 36 saving measure, with appropriate safeguards. The commissioner of educa- 37 tion shall submit a report to the board of regents, the governor and the 38 legislature by no later than January 15, 2020, with recommendations on 39 whether and under what conditions such credit card contracts should be 40 authorized and identifying any legislative or regulatory changes that 41 would be needed to authorize such credit card contracts. 42 § 8. Paragraph a of subdivision 1 and paragraph a and subparagraph 1 43 of paragraph b of subdivision 2 of section 3602-c of the education law, 44 paragraph a of subdivision 1 as amended by chapter 474 of the laws of 45 2004, paragraph a and subparagraph 1 of paragraph b of subdivision 2 as 46 amended by chapter 378 of the laws of 2007, are amended and a new para- 47 graph e is added to subdivision 2 to read as follows: 48 a. "Services" shall mean instruction in the areas of gifted pupils, 49 career education and education for students with disabilities, and coun- 50 seling, psychological and social work services related to such instruc- 51 tion provided during the regular school year for pupils enrolled in a 52 nonpublic school located in a school district, including special educa- 53 tion programs and related services as defined in subdivision two of 54 section forty-four hundred one of this chapter other than an approved 55 private residential or non-residential school for the education of 56 students with disabilities, provided that such instruction is given to

A. 7290 6 1 pupils enrolled in the public schools of such district. Such term shall 2 also include education for students with disabilities enrolled in such a 3 nonpublic school which is provided in July and August in accordance with 4 paragraph e of subdivision two of this section. 5 a. Boards of education of all school districts of the state shall 6 furnish services to students who are residents of this state and who 7 attend nonpublic schools located in such school districts, upon the 8 written request of the parent or person in parental relation of any such 9 student. Such a request for career education or services to gifted 10 students shall be filed with the board of education of the school 11 district in which the parent or person in parental relation of the 12 student resides on or before the first day of June preceding the school 13 year for which the request is made. In the case of education for 14 students with disabilities, such a request shall be filed with the trus- 15 tees or board of education of the school district of location on or 16 before the first of [~~June~~] April preceding the school year for which the 17 request is made[~~, or by July first, two thousand seven for the two thou-~~ 18 ~~sand seven--two thousand eight school year only,~~] for those students for 19 whom an individualized education service program was developed and 20 implemented pursuant to this section prior to such date, and on or 21 before the first of June preceding the school year for which the request 22 is made for those students who will be first receiving education for 23 students with disabilities pursuant to this section in the school year 24 for which the request is made or for whom an individualized education 25 service program is first developed and implemented on or after April 26 first and on or before June first; provided that where a student is 27 first identified as a student with a disability after the first day of 28 June preceding the school year for which the request is made, [~~or thirty~~ 29 ~~days after the chapter of the laws of two thousand seven which amended~~ 30 ~~this paragraph, takes effect where applicable, and prior to the first~~ 31 ~~day of April of such current school year,~~] such request shall be submit- 32 ted within thirty days after an individualized education service program 33 is developed for such student [~~is first identified. For students first~~ 34 ~~identified after March first of the current school year, any such~~ 35 ~~request for education for students with disabilities in the current~~ 36 ~~school year that is submitted on or after April first of such current~~ 37 ~~school year, shall be deemed a timely request for such services in the~~ 38 ~~following school year~~]. 39 (1) For the purpose of obtaining education for students with disabili- 40 ties, as defined in paragraph d of subdivision one of this section, such 41 request shall be reviewed by the committee on special education of the 42 school district of location, which shall develop an individualized 43 education service program for the student based on the student's indi- 44 vidual needs in the same manner [~~and with the same contents~~] as an indi- 45 vidualized education program. The committee on special education shall 46 assure that special education programs and services are made available 47 to students with disabilities attending nonpublic schools located within 48 the school district on an equitable basis, as compared to special educa- 49 tion programs and services provided to other students with disabilities 50 attending public or nonpublic schools located within the school 51 district, except that such services shall not include the provision of a 52 special class or integrated co-teaching services, as such terms are 53 defined in the regulations of the commissioner, by the school district 54 of location for all or part of the school day. Review of the recommenda- 55 tion of the committee on special education may be obtained by the parent 56 or person in parental relation of the pupil pursuant to the provisions

A. 7290 7 1 of section forty-four hundred four of this chapter; provided that a due 2 process complaint, other than a due process complaint relating to child 3 find requirements brought pursuant to paragraph c of this subdivision, 4 submitted on or after September first, two thousand twelve may be 5 submitted to mediation pursuant to section forty-four hundred four-a of 6 this chapter. 7 e. A nonpublic school student whose disability is severe enough to 8 exhibit the need for a structured learning environment of twelve months 9 duration to maintain developmental levels shall be eligible to receive 10 special education programs and services in July and August in accordance 11 with the individualized education service program developed by the 12 committee on special education of the school district of location and 13 the provisions of section forty-four hundred eight of this chapter. 14 Provided, however, that during a July/August special education program, 15 such services shall not include placement in a special class or inte- 16 grated co-teaching services, as such terms are defined in the regu- 17 lations of the commissioner. Notwithstanding any other provision of law 18 to the contrary, the school district of location shall be eligible for 19 state aid for such services exclusively pursuant to section forty-four 20 hundred eight of this chapter. 21 § 9. Paragraph e of subdivision 2 of section 4002 of the education 22 law, as added by chapter 563 of the laws of 1980, is amended to read as 23 follows: 24 e. Appointment by the commissioner to a state [~~or state-supported~~] 25 school in accordance with article [~~eighty-five,~~] eighty-seven or eight- 26 y-eight of this chapter or enrollment in a state-supported school in 27 accordance with article eighty-five of this chapter. 28 § 10. Subdivision 2 of section 4201 of the education law is amended to 29 read as follows: 30 2. It shall be the duty of the commissioner: 31 a. To inquire into the organization of the several schools and the 32 methods of instruction employed therein. 33 b. To prescribe courses of study and methods of instruction that will 34 meet the requirements of the state for the education of [~~state~~] pupils 35 attending such schools. 36 c. [~~To make appointments of pupils to the several schools, to transfer~~ 37 ~~such pupils from one school to another as circumstances may require; to~~ 38 ~~cancel appointments for sufficient reason.~~ 39 d.] To ascertain by a comparison with other similar institutions 40 whether any improvements in instruction and discipline can be made; and 41 for that purpose to appoint from time to time, suitable persons to visit 42 the schools. 43 [e] d. To suggest to the directors of such institutions and to the 44 legislature such improvements as he or she shall judge expedient. 45 [f] e. To make an annual report to the legislature on all of the 46 matters enumerated in this subdivision and particularly as to the condi- 47 tion of the schools, the improvement of the pupils, and their treatment 48 in respect to board and lodging. 49 § 11. Section 4203 of the education law is amended to read as follows: 50 § 4203. Persons eligible for [~~appointment~~] enrollment as pupils to 51 institutions for instruction of the deaf. All deaf children resident in 52 this state, of the age of three years and upwards and of suitable capac- 53 ity, and who shall have been resident in this state for one year imme- 54 diately preceding the application, or, if an orphan, whose nearest 55 friend shall have been resident in this state for one year immediately 56 preceding the application, shall be eligible [~~to appointment~~] for

A. 7290 8 1 enrollment as [~~state~~] pupils in one of the institutions for the instruc- 2 tion of the deaf of this state, authorized by law to receive such 3 pupils; provided, however, the foregoing requirement as to length of 4 residence in this state may be waived in the discretion of the commis- 5 sioner [~~of education~~]. Placement in such institutions shall be recom- 6 mended by the committee on special education, or committee on preschool 7 special education where applicable, of the school district responsible 8 for educating such pupil, and such recommendation may include the 9 provision of special education programs and services in July or August 10 in accordance with the provisions of paragraph a of subdivision two of 11 section forty-four hundred two of this chapter. 12 § 12. Subdivision 3 of section 4204 of the education law, as amended 13 by section 51 of part A of chapter 58 of the laws of 2011, is amended to 14 read as follows: 15 3. The regular term of instruction of any such deaf pupil shall be 16 twelve years, or until the pupil shall have attained the age of eighteen 17 years before the expiration of twelve years from the beginning of such 18 term. The [~~commissioner~~] committee on special education may, in [~~his~~] 19 its discretion, [~~extend~~] recommend an extension of the term of any pupil 20 until [~~his~~] the date of the school year in which the pupil's twenty- 21 first birthday occurs and such pupil's eligibility ends pursuant to 22 subdivision five of section forty-four hundred two of this article for 23 the purpose of pursuing or completing academic or vocational courses of 24 study. Such pupils must be recommended by the trustees of the institu- 25 tion in which they are in attendance before the committee recommends 26 that such extension of time [~~is granted~~] be made. 27 § 13. Section 4206 of the education law, as amended by chapter 53 of 28 the laws of 1990, is amended to read as follows: 29 § 4206. Persons eligible for [~~appointment~~] enrollment as pupils [to] 30 in institutions for instruction of the blind. 1. All blind persons of 31 suitable age and capacity and who shall have been residents in this 32 state for one year immediately preceding the application or, if a minor, 33 whose parent or parents, or, if an orphan, whose nearest friend, shall 34 have been a resident in this state for one year immediately preceding 35 the application, shall be eligible for [~~appointment~~] enrollment as 36 [~~state~~] pupils to the New York Institute for Special Education in the 37 city of New York or the Lavelle School for the Blind in the city of New 38 York. 39 2. Blind babies and children of the age of fifteen years and under and 40 possessing the other qualifications prescribed in this article and 41 requiring kindergarten training or other special care and instruction, 42 shall be eligible for [~~appointment~~] enrollment as [~~state~~] pupils [~~by the~~ 43 ~~commissioner of education at his discretion~~] in any incorporated insti- 44 tution furnishing approved care, training and instruction for blind 45 babies and children, and any such child may be transferred to the New 46 York Institute for Special Education in the city of New York or the 47 Lavelle School for the Blind in the city of New York, to which he or she 48 would otherwise be eligible for [~~appointment~~] enrollment, upon arriving 49 at suitable age[~~, in the discretion of the commissioner of education~~]. 50 3. [~~All such appointments shall be made by the commissioner of educa-~~ 51 ~~tion.~~] The requirement of this section as to length of residence in this 52 state may be waived in the discretion of the commissioner [~~of educa-~~ 53 ~~tion~~]. 54 4. Placement in such institutions shall be recommended by the commit- 55 tee on special education, or committee on preschool special education 56 where applicable, of the school district responsible for educating such

A. 7290 9 1 pupil, and such recommendation may include the provision of special 2 education programs and services in July or August in accordance with the 3 provisions of paragraph a of subdivision two of section forty-four 4 hundred two of this title. 5 § 14. Subdivisions 3 and 4 of section 4207 of the education law, as 6 amended by section 54 of part A of chapter 58 of the laws of 2011, are 7 amended to read as follows: 8 3. The regular term of instruction of any such blind pupil in the New 9 York Institute for Special Education shall be eight years. The [~~commis-~~ 10 ~~sioner~~] committee on special education of the school district responsi- 11 ble for the education of the pupil, with the consent of the trustees of 12 the New York Institute for Special Education, may in [~~his~~] its 13 discretion [~~extend~~] recommend the extension of the term of any pupil for 14 a period not exceeding three years. It shall also be lawful for the 15 [~~commissioner~~] committee to continue such pupils [~~as state pupils~~] for 16 an additional period of three years for the purpose of pursuing or 17 completing a course of high school study[~~; such pupils must be recom-~~ 18 ~~mended by the trustees of the New York Institute for Special Education~~ 19 ~~before such extension is granted~~]. 20 4. The term of appointment for blind babies and children of the age of 21 fifteen years and under received into any institution in accordance with 22 this article shall be at the discretion of the [~~commissioner~~] committee 23 on special education or preschool committee on special education of the 24 school district responsible for the education of the student and the 25 trustees of the New York Institute for Special Education. 26 § 15. Section 4213 of the education law, as added by chapter 496 of 27 the laws of 1986, is amended to read as follows: 28 § 4213. Other persons eligible for [~~appointment~~] enrollment. In 29 accordance with the provisions of the charter of the New York Institute 30 for Special Education, and amendments thereto, as issued by the board of 31 regents, children with [~~handicapping conditions~~] disabilities, other 32 than [~~handicapping conditions~~] disabilities which would establish eligi- 33 bility for [~~appointment~~] enrollment to the schools enumerated in this 34 article, shall be eligible for [~~appointment~~] enrollment to the New York 35 Institute for Special Education as [~~state~~] pupils. The provisions of 36 this article shall apply but not necessarily be limited to the [~~appoint-~~ 37 ~~ment~~] enrollment, education, maintenance and support of such pupils. 38 Such pupils eligible for [~~appointment~~] enrollment, pursuant to this 39 section, shall be persons over five and under twenty-one years of age 40 who have not received a high school diploma. 41 § 16. Paragraph d of subdivision 2 of section 4401 of the education 42 law, as amended by chapter 53 of the laws of 1990, is amended to read as 43 follows: 44 d. Appointment by the commissioner to a state school in accordance 45 with article eighty-seven or eighty-eight of this chapter or enrollment 46 in a state-supported school in accordance with article eighty-five of 47 this chapter. 48 § 17. Subparagraph 2 of paragraph b of subdivision 1 of section 4402 49 of the education law, as amended by chapter 82 of the laws of 1995, is 50 amended to read as follows: 51 (2) Such committees or subcommittees shall identify, review and evalu- 52 ate at least annually, the status of each child with a [~~handicapping~~ 53 ~~condition~~] disability and each child thought to [~~be handicapped~~] have a 54 disability who resides within the school district. Such review shall 55 consider the educational progress and achievement of the child with a

A. 7290 10 1 [~~handicapping condition~~] disability and the child's ability to partic- 2 ipate in instructional programs in regular education. 3 § 18. Subparagraph 2 of paragraph b of subdivision 2 of section 4402 4 of the education law, as amended by chapter 391 of the laws of 1989, is 5 amended to read as follows: 6 (2) The board shall select the most reasonable and appropriate special 7 service or program for such children from those programs specified in 8 paragraphs a, b, c, paragraph d with respect to state supported schools, 9 and paragraphs e, f, g, h, i, k, l and m of subdivision two of section 10 forty-four hundred one of this article upon receipt of the recommenda- 11 tion of the committee on special education. All contracts with schools 12 pursuant to the provisions of paragraphs d, e, f, g, h, l and m of 13 subdivision two of section forty-four hundred one of this article shall 14 be subject to the approval of the commissioner. All contracts under 15 paragraph c of subdivision two of section forty-four hundred one of this 16 article shall be made in accordance with the provisions of subdivision 17 four of section nineteen hundred fifty of this chapter. No child shall 18 be placed in a residential school nor shall a board recommend placement 19 in a residential facility specified in paragraph j of subdivision two of 20 section forty-four hundred one of this article unless there is no appro- 21 priate nonresidential school available consistent with the needs of the 22 child. The board shall provide written notice of its determination to 23 the parent or legal guardian of such child. If the determination of the 24 board of education is not consistent with the recommendations of the 25 committee on special education, such notice shall include the statement 26 of the reasons for such determination which shall identify the factors 27 considered by the committee on special education in its evaluation. 28 § 19. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of 29 section 4402 of the education law is REPEALED. 30 § 20. Subdivision 8 of section 4403 of the education law, as amended 31 by chapter 273 of the laws of 1986, is amended to read as follows: 32 8. To develop and distribute a handbook for parents of [~~handicapped~~] 33 children with disabilities and the members of committees and subcommit- 34 tees on special education, which handbook shall explain, in layman 35 terms, the financial and educational obligations of the state, the coun- 36 ty or city, the home school district, the committee on special educa- 37 tion, and the parent or legal guardian of a [~~handicapped~~] child with a 38 disability, the special services or programs available pursuant to this 39 article, and the legal procedures available to an aggrieved parent or 40 legal guardian of a [~~handicapped~~] child with a disability. 41 § 21. Subdivision 16 of section 4403 of the education law, as amended 42 by section 4 of part E of chapter 501 of the laws of 2012, is amended to 43 read as follows: 44 16. Commencing with the nineteen hundred eighty-seven--eighty-eight 45 school year, to provide for instruction during the months of July and 46 August of students with [~~handicapping conditions~~] disabilities who have 47 received state appointments pursuant to article [~~eighty-five,~~] eighty- 48 seven or eighty-eight of this chapter, and whose [~~handicapping condi-~~ 49 ~~tions, in the judgment of the commissioner,~~] disabilities are severe 50 enough to exhibit the need for a structured learning environment of 51 twelve months duration to maintain developmental levels, by making such 52 appointments for twelve months; provided that the initial term of 53 appointment of a student with a [~~handicapping condition~~] disability who 54 is the minimum age eligible for such a state appointment shall not 55 commence during the months of July or August.

A. 7290 11 1 § 22. Clauses (a) and (b) of subparagraph 1 of paragraph b of subdivi- 2 sion 1 of section 4402 of the education law, clause (a) as amended by 3 chapter 311 of the laws of 1999, subclause (viii) of clause (a) as 4 amended by chapter 194 of the laws of 2004, clause (b) as amended by 5 section 1 of chapter 276 of the laws of 2012 and the closing paragraph 6 of clause (b) as amended by chapter 378 of the laws of 2007, are amended 7 to read as follows: 8 (a) Such committees shall be composed of at least the following 9 members: (i) the parents or persons in parental relationship to the 10 student; (ii) one regular education teacher of the student whenever the 11 student is or may be participating in the regular education environment; 12 (iii) one special education teacher of the student, or, if appropriate, 13 a special education provider of the student; (iv) a school psychologist 14 whenever a new psychological evaluation is reviewed or a change to a 15 more restrictive program option, as defined in regulations of the 16 commissioner, is considered; (v) a representative of such school 17 district who is qualified to provide or administer or supervise special 18 education and is knowledgeable about the general curriculum and the 19 availability of resources of the school district; (vi) an individual who 20 can interpret the instructional implications of evaluation results; 21 (vii) [~~a school physician; (viii)~~] an additional parent, residing in the 22 school district or a neighboring school district, of a student with a 23 disability, of a student who has been declassified and is no longer 24 eligible for an individualized education program (IEP), or a parent of a 25 disabled child who has graduated, for a period of five years beyond the 26 student's declassification or graduation, provided such parent shall not 27 be employed by or under contract with the school district, and provided 28 further that such additional parent shall not be a required member [if] 29 unless the parents, the student or a member of the committee on special 30 education request that such additional parent member [~~not~~] participate 31 in accordance with clause (b) of this subparagraph; [~~(ix)~~] (viii) such 32 other persons having knowledge or special expertise regarding the 33 student as the school district or the parents or persons in parental 34 relationship to the student shall designate, to the extent required 35 under federal law; and [~~(x)~~] (ix) if appropriate, the student. 36 (b) In determining the composition of such committee pursuant to 37 clause (a) of this subparagraph, a school district may determine that a 38 member appointed pursuant to one of subclause (ii), (iii), (iv), (v) or 39 [~~(ix)~~] (viii) of clause (a) of this subparagraph also fulfills the 40 requirement of subclause (vi) of clause (a) of this subparagraph of a 41 member who is an individual who can interpret the instructional impli- 42 cations of evaluation results where such individuals are determined by 43 the school district to have the knowledge and expertise to do so and/or 44 that a member appointed pursuant to subclause (iii) or (iv) of clause 45 (a) of this subparagraph also fulfills the requirement of subclause (v) 46 of clause (a) of this subparagraph of a member who is a representative 47 of the school district. The regular education teacher of the student 48 shall participate in the development, review and revision of the indi- 49 vidualized education program for the student, to the extent required 50 under federal law. [~~The school physician need not be in attendance at~~ 51 ~~any meeting of the committee on special education unless specifically~~ 52 ~~requested in writing, at least seventy-two hours prior to such meeting~~ 53 ~~by the parents or other person in parental relation to the student in~~ 54 ~~question, the student, or a member of the committee on special educa-~~ 55 ~~tion. The parents or persons in parental relation of the student in~~ 56 ~~question shall receive proper written notice of their right to have the~~

A. 7290 12 1 ~~school physician attend the meetings of the committee on special educa-~~ 2 ~~tion upon referral of said student to the committee on special education~~ 3 ~~or whenever such committee plans to modify or change the identification,~~ 4 ~~evaluation or educational placement of the student.~~] The additional 5 parent need not be in attendance at any meeting of the committee on 6 special education unless specifically requested in writing, at least 7 seventy-two hours prior to such meeting by the parents or other person 8 in parental relation to the student in question, the student, or a 9 member of the committee on special education. The parents or persons in 10 parental relation of the student in question shall receive proper writ- 11 ten notice of their right to have an additional parent attend any meet- 12 ing of the committee regarding the student along with a statement, 13 prepared by the department, explaining the role of having the additional 14 parent attend the meeting. The committee shall invite the appropriate 15 professionals most familiar with a student's disability or disabilities 16 to attend any meeting concerning the educational program for such 17 student. Except as otherwise provided in this clause or clause (b-1) or 18 (b-2) of this subparagraph, all members of such committee shall attend 19 meetings of the committee on special education. 20 Members of such committee shall serve at the pleasure of such board 21 and members who are neither employees of nor under contract with such 22 district shall serve without compensation except that such members shall 23 be entitled to a per diem to defray expenses incurred in such service, 24 provided, however, that any expense incurred shall be deemed an aidable 25 operating expense for purposes of state aid. 26 § 23. Clause (b) of subparagraph 1 of paragraph b of subdivision 1 of 27 section 4402 of the education law, as amended by section 2 of chapter 28 276 of the laws of 2012, is amended to read as follows: 29 (b) In determining the composition of such committee pursuant to 30 clause (a) of this subparagraph, a school district may determine that a 31 member appointed pursuant to one of subclause (ii), (iii), (iv), (v) or 32 [~~(ix)~~] (viii) of clause (a) of this subparagraph also fulfills the 33 requirement of subclause (vi) of clause (a) of this subparagraph of a 34 member who is an individual who can interpret the instructional impli- 35 cations of evaluation results where such individuals are determined by 36 the school district to have the knowledge and expertise to do so and/or 37 that a member appointed pursuant to subclause (iii) or (iv) of clause 38 (a) of this subparagraph also fulfills the requirement of subclause (v) 39 of clause (a) of this subparagraph of a member who is a representative 40 of the school district. The regular education teacher of the student 41 shall participate in the development, review and revision of the indi- 42 vidualized education program for the student, to the extent required 43 under federal law. [~~The school physician need not be in attendance at~~ 44 ~~any meeting of the committee on special education unless specifically~~ 45 ~~requested in writing, at least seventy-two hours prior to such meeting~~ 46 ~~by the parents or other person in parental relationship to the student~~ 47 ~~in question, the student, or a member of the committee on special educa-~~ 48 ~~tion. The parents or persons in parental relationship of the student in~~ 49 ~~question shall receive proper written notice of their right to have the~~ 50 ~~school physician attend the meetings of the committee on special educa-~~ 51 ~~tion upon referral of said student to the committee on special education~~ 52 ~~or whenever such committee plans to modify or change the identification,~~ 53 ~~evaluation or educational placement of the student.~~] The additional 54 parent need not be in attendance at any meeting of the committee on 55 special education unless specifically requested in writing, at least 56 seventy-two hours prior to such meeting by the parents or other person

A. 7290 13 1 in parental relation to the student in question, the student, or a 2 member of the committee on special education. The parents or persons in 3 parental relation of the student in question shall receive proper writ- 4 ten notice of their right to have an additional parent attend any meet- 5 ing of the committee regarding the student along with a statement, 6 prepared by the department, explaining the role of having the additional 7 parent attend the meeting. The committee shall invite the appropriate 8 professionals most familiar with a student's disability or disabilities 9 to attend any meeting concerning the educational program for such 10 student. Members of such committee shall serve at the pleasure of such 11 board and members who are neither employees of nor under contract with 12 such district shall serve without compensation except that such members 13 shall be entitled to a per diem to defray expenses incurred in such 14 service, provided, however, that any expense incurred shall be deemed an 15 aidable operating expense for purposes of state aid. 16 § 24. Paragraph d of subdivision 4 of section 4402 of the education 17 law, as amended by chapter 646 of the laws of 1992, is amended to read 18 as follows: 19 d. Notwithstanding any other provision of law, such board shall 20 provide suitable transportation up to a distance of fifty miles to and 21 from a nonpublic school which a [~~child~~] student with a [~~handicapping~~ 22 ~~condition~~] disability attends if such [~~child~~] student has been so iden- 23 tified by the local committee on special education and such [~~child~~] 24 student attends such school for the purpose of receiving services or 25 programs from such nonpublic school that are similar to special [~~educa-~~ 26 ~~tional programs~~] education programs and services recommended for such 27 [~~child~~] student by the local committee on special education. Notwith- 28 standing any other provision of law to the contrary, a nonpublic student 29 receiving transportation pursuant to this paragraph shall not be enti- 30 tled to special education programs and services from the school district 31 of location pursuant to section thirty-six hundred two-c of this chap- 32 ter. As a condition of eligibility for such transportation, the parent 33 or person in parental relation to the student shall consent to the 34 provision of notice by the school district of residence to the chair- 35 person of the committee on special education of the school district in 36 which the nonpublic school is located identifying such student, by name, 37 address and school of attendance, as a student receiving transportation 38 pursuant to this paragraph. The school district of residence shall 39 provide such notice no later than thirty days after commencing such 40 transportation. 41 § 25. Paragraph a of subdivision 1 of section 4404 of the education 42 law, as amended by chapter 430 of the laws of 2006, is amended to read 43 as follows: 44 a. If the parent or person in parental relation of a student, the 45 board of education or trustees of a school district or a state agency 46 responsible for providing education to students with disabilities 47 presents a complaint with respect to any matter relating to the iden- 48 tification, evaluation or educational placement of the student or the 49 provision of a free appropriate public education to the student or a 50 manifestation determination or other matter relating to placement upon 51 discipline of a student with a disability that may be the subject of an 52 impartial hearing pursuant to subsection (k) of section fourteen hundred 53 fifteen of title twenty of the United States code and the implementing 54 federal regulations, and the party presenting the complaint or their 55 attorney provides a due process complaint notice in accordance with 56 federal law and regulations and such complaint sets forth an alleged

A. 7290 14 1 violation that occurred not more than [~~two years~~] one year before the 2 date the parent or public agency knew or should have known about the 3 alleged action that forms the basis for the complaint, or in the case of 4 a complaint seeking tuition reimbursement for the unilateral parental 5 placement of a student in a private school, such tuition claim is 6 presented not more than one hundred eighty days from the placement by 7 the parent or person in parental relation in the private school, 8 provided that the student shall be deemed placed for such purpose on the 9 first day the student is enrolled in and is liable for tuition in the 10 private school, the board or agency shall appoint an impartial hearing 11 officer to review the due process complaint notice when challenged and, 12 if the matter is not resolved in a resolution session that has been 13 convened as required by federal law, to preside over an impartial due 14 process hearing and make a determination within such period of time as 15 the commissioner by regulation shall determine, provided that the board 16 of education or trustees shall offer the parent or person in parental 17 relation the option of mediation pursuant to section forty-four hundred 18 four-a of this article as an alternative to an impartial hearing. Where 19 the parent or person in parental relation or a school district or public 20 agency presents a complaint, the school district or public agency 21 responsible for appointing the impartial hearing officer shall provide 22 the parent or person in parental relation with a procedural safeguards 23 notice as required pursuant to subsection (d) of section fourteen 24 hundred fifteen of title twenty of the United States code and the imple- 25 menting federal regulations. Notwithstanding any provision of this 26 subdivision to the contrary, the time limitation on presenting a 27 complaint shall not apply to a parent or person in parental relation to 28 the student if the parent or person in parental relation was prevented 29 from requesting the impartial hearing due to specific misrepresentations 30 by the school district or other public agency that it had resolved the 31 problem forming the basis of the complaint or due to the school 32 district's or other public agency's withholding of information from the 33 parent or person in parental relation that was required under federal 34 law to be provided. Nothing in this subdivision shall be construed to 35 authorize the board of education or trustees to bring an impartial hear- 36 ing to override the refusal of a parent or person in parental relation 37 to consent where a local educational agency is prohibited by federal law 38 from initiating such a hearing. 39 § 26. Paragraph b of subdivision 4 of section 4410 of the education 40 law, as added by chapter 243 of the laws of 1989, is amended to read as 41 follows: 42 b. Each board shall, within time limits established by the commission- 43 er, be responsible for providing the parent of a preschool child 44 suspected of having a [~~handicapping condition~~] disability with a list of 45 approved evaluators in the geographic area. The [~~parent may select the~~ 46 ~~evaluator from such list~~] school district shall, after providing the 47 parent with a list of approved preschool evaluators and obtaining parent 48 consent to evaluate, arrange for an evaluation by the service provider 49 selected by the district who can provide the evaluation of the student 50 within the timeline required by the department. In selecting the evalu- 51 ator, the district shall consider the parent's expressed preference, if 52 any, for the evaluator. Each board shall provide for dissemination of 53 the list and other information to parents at appropriate sites including 54 but not limited to pre-kindergarten, day care, head start programs and 55 early childhood direction centers, pursuant to regulations of the 56 commissioner.

A. 7290 15 1 § 27. Subparagraph (iv) of paragraph b of subdivision 5 of section 2 4410 of the education law, as added by chapter 630 of the laws of 2008, 3 is amended to read as follows: 4 (iv) The members of the committee [~~or subcommittee~~] may compile a list 5 of appropriate and/or helpful services that may be available outside of 6 the school setting to provide the parents or person in parental relation 7 of a child with a disability with such information. Such list shall 8 clearly state that these services are in addition to services supplied 9 by the school district and will not be paid for by the school district. 10 Any member of a committee or his or her respective school district who, 11 acting reasonably and in good faith, provides such information shall not 12 be liable for such action. 13 § 28. Paragraph c of subdivision 1 of section 4410-b of the education 14 law, as added by chapter 6 of the laws of 2000, is amended to read as 15 follows: 16 c. "IEP team" means a committee on special education[~~, a subcommittee~~ 17 ~~on special education,~~] or a committee on preschool special education [or 18 ~~a subcommittee on preschool special education~~]. 19 § 29. Paragraphs a and c of subdivision 5 of section 3604 of the 20 education law, paragraph a as amended by chapter 161 of the laws of 2005 21 and paragraph c as added by chapter 82 of the laws of 1995, are amended 22 to read as follows: 23 a. State aid adjustments. All errors or omissions in the apportionment 24 shall be corrected by the commissioner. Whenever a school district has 25 been apportioned less money than that to which it is entitled, the 26 commissioner may allot to such district the balance to which it is enti- 27 tled. Whenever a school district has been apportioned more money than 28 that to which it is entitled, the commissioner may, by an order, direct 29 such moneys to be paid back to the state to be credited to the general 30 fund local assistance account for state aid to the schools, or may 31 deduct such amount from the next apportionment to be made to said 32 district, provided, however, that, upon notification of excess payments 33 of aid for which a recovery must be made by the state through deduction 34 of future aid payments, a school district may request that such excess 35 payments be recovered by deducting such excess payments from the 36 payments due to such school district and payable in the month of June in 37 (i) the school year in which such notification was received and [~~(ii)~~ 38 ~~the two succeeding school years, provided further that there shall be no~~ 39 ~~interest penalty assessed against such district or collected by the~~ 40 ~~state. Such request shall be made to the commissioner in such form as~~ 41 ~~the commissioner shall prescribe, and shall be based on documentation~~ 42 ~~that the total amount to be recovered is in excess of one percent of the~~ 43 ~~district's total general fund expenditures for the preceding school~~ 44 ~~year. The amount to be deducted in the first year shall be the greater~~ 45 ~~of (i) the sum of the amount of such excess payments that is recognized~~ 46 ~~as a liability due to other governments by the district for the preced-~~ 47 ~~ing school year and the positive remainder of the district's unreserved~~ 48 ~~fund balance at the close of the preceding school year less the product~~ 49 ~~of the district's total general fund expenditures for the preceding~~ 50 ~~school year multiplied by five percent, or (ii) one-third of such excess~~ 51 ~~payments. The amount to be recovered in the second year shall equal the~~ 52 ~~lesser of the remaining amount of such excess payments to be recovered~~ 53 ~~or one-third of such excess payments, and the remaining amount of such~~ 54 ~~excess payments shall be recovered in the third year~~] (ii) in up to ten 55 succeeding school years, as determined by the commissioner in regu- 56 lations, wherein the commissioner shall establish any eligible require-

A. 7290 16 1 ments and/or payment schedule for such multi-year recovery. Provided 2 further that, notwithstanding any other provisions of this subdivision, 3 any pending payment of moneys due to such district as a prior year 4 adjustment payable pursuant to paragraph c of this subdivision for aid 5 claims that had been previously paid as current year aid payments in 6 excess of the amount to which the district is entitled and for which 7 recovery of excess payments is to be made pursuant to this paragraph, 8 shall be reduced at the time of actual payment by any remaining unre- 9 covered balance of such excess payments, and the remaining scheduled 10 deductions of such excess payments pursuant to this paragraph shall be 11 reduced by the commissioner to reflect the amount so recovered. The 12 commissioner shall certify no payment to a school district based on a 13 claim submitted later than three years after the close of the school 14 year in which such payment was first to be made. For claims for which 15 payment is first to be made in the nineteen hundred ninety-six--ninety- 16 seven school year, the commissioner shall certify no payment to a school 17 district based on a claim submitted later than two years after the close 18 of such school year. For claims for which payment is first to be made in 19 the nineteen hundred ninety-seven--ninety-eight school year and there- 20 after, the commissioner shall certify no payment to a school district 21 based on a claim submitted later than one year after the close of such 22 school year. Provided, however, no payments shall be barred or reduced 23 where such payment is required as a result of a final audit of the 24 state. It is further provided that, until June thirtieth, nineteen 25 hundred ninety-six, the commissioner may grant a waiver from the 26 provisions of this section for any school district if it is in the best 27 educational interests of the district pursuant to guidelines developed 28 by the commissioner and approved by the director of the budget. 29 c. Payment of moneys due for prior years. State aid payments due for 30 prior years in accordance with the provisions of this subdivision shall 31 be paid either: (1) from funds available in the general support for 32 public school appropriation as a result of the deduction of excess 33 payments of aid pursuant to paragraph a of this subdivision, or (2) 34 within the limit of the appropriation designated therefor provided, 35 however, that each eligible claim shall be payable in the order that it 36 has been approved for payment by the commissioner, but in no case shall 37 a single claim draw down more than forty percent of the appropriation so 38 designated for a single year, and provided further that no claim shall 39 be set aside for insufficiency of funds to make a complete payment, but 40 shall be eligible for a partial payment in one year and shall retain its 41 priority date status for appropriations designated for such purposes in 42 future years. 43 § 30. Subparagraph 1 of paragraph b of subdivision 6-f of section 3602 44 of the education law, as added by section 19 of part H of chapter 83 of 45 the laws of 2002, is amended to read as follows: 46 (1) has a total project cost of [~~one hundred~~] two hundred fifty thou- 47 sand dollars or less; provided however, that for any district, no more 48 than one project shall be eligible pursuant to this subparagraph for an 49 apportionment within the same school year; and/or 50 § 31. Subdivision 2 of section 3625 of the education law, as amended 51 by chapter 474 of the laws of 1996, is amended to read as follows: 52 2. a. Filing of transportation contracts. Every transportation 53 contract shall be filed with the department within one hundred twenty 54 days of the commencement of service under such contract, subject to the 55 provisions of paragraph b of this subdivision. No transportation expense 56 shall be allowed for a period greater than one hundred twenty days prior

A. 7290 17 1 to the filing of any contract for the transportation of pupils with the 2 education department. No contract shall be considered filed unless it 3 bears an original signature of the superintendent of a school district 4 or the designee of the superintendent and the sole trustee or president 5 of the board of education of the school district. The final approval of 6 any such contract by the commissioner shall not, however, obligate the 7 state to allow transportation expense in an amount greater than the 8 amount that would be allowed under the provisions of this part. The 9 state, acting through the department of audit and control, may examine 10 any and all accounts of the contractor in connection with a contract for 11 the transportation of pupils, and every such contract shall contain the 12 following provision: "The contractor hereby consents to an audit of any 13 and all financial records relating to this contract by the department of 14 audit and control." 15 b. Notwithstanding the provisions of paragraph a of this subdivision, 16 the commissioner may consider extenuating circumstances, including but 17 not limited to possession of a signed and dated return receipt from the 18 department indicating that such transportation contract was timely 19 filed, or evidence of a fire or other natural disaster or catastrophic 20 event that disrupted operations or destroyed files prior to the 21 commencement of the contract or during the contract period, or any other 22 extenuating circumstance defined by the commissioner in regulations 23 which resulted in a contract or contracts not being filed within the one 24 hundred twenty day filing period and may, in his or her discretion, 25 extend the period for filing of such contract or contracts. 26 § 32. The opening paragraph of subdivision 1 of section 403-b of the 27 education law, as amended by chapter 700 of the laws of 1992, is amended 28 to read as follows: 29 The board of education of any union free or central school district is 30 hereby authorized to enter into a lease with any other union free or 31 central school district providing for the use and occupancy by any such 32 school district of a school building, or a portion thereof, owned by 33 such other school district, provided such lessee school district is 34 within a reasonable distance, as determined by the commissioner, from 35 the lessor school district, subject to the conditions set forth in this 36 subdivision. The board of education of any union free or central school 37 district is hereby authorized to enter into a lease with any person, 38 partnership or corporation for use and occupancy of a building or facil- 39 ity, or a portion thereof, owned by such person, partnership, or corpo- 40 ration for use as a school facility provided that such building or 41 facility is located within the school district and subject to the condi- 42 tions set forth in this subdivision; provided however that a board of 43 education of any union free or central school district may be authorized 44 to enter into a lease with any person, partnership or corporation for 45 use and occupancy of a building or facility, or a portion thereof, owned 46 by such person, partnership, or corporation for use as a school facility 47 when such building or facility is located outside the school district 48 when it is demonstrated to the satisfaction of the commissioner that 49 extenuating circumstances exist which necessitate a lease outside the 50 boundaries of the school district. 51 § 33. Subdivision 7 of section 1709 of the education law, as added by 52 chapter 130 of the laws of 1976, is amended to read as follows: 53 7. To lease, on a temporary basis, necessary space not located on 54 school property and/or is not located within the school district, when 55 the facilities of the district are overcrowded or damaged or destroyed 56 or when it is demonstrated to the satisfaction of the commissioner that

A. 7290 18 1 extenuating circumstances exist which necessitate a lease outside the 2 boundaries of the school district, and to furnish and equip such space 3 for school district use. The use of such space shall be subject to annu- 4 al approval by the commissioner. 5 § 34. All the acts done and proceedings heretofore had or taken or 6 caused to be had or taken by any school district and by all its officers 7 or agents relating to or in connection with final cost reports to be 8 filed with the state education department for each project for which a 9 certificate of substantial completion was and/or is issued on or after 10 April 1, 1995, where a final cost report was not submitted by June 30th 11 of the school year in which the certificate of substantial completion of 12 the project was issued by the architect or engineer, or six months after 13 issuance of such certificate, whichever was later, and all acts inci- 14 dental thereto are hereby legalized, validated, ratified and confirmed, 15 notwithstanding any failure to comply with such approval and filing 16 provisions of the education law, and provided further that any amount 17 due and payable to any such school district for school years prior to 18 the 2019-2020 school year as a result of this act shall be paid pursuant 19 to the provisions of paragraph c of subdivision 5 of section 3604 of the 20 education law. 21 § 35. The education department is hereby directed to consider the 22 approved costs of the aforementioned projects as valid and proper obli- 23 gations of such school districts provided that: 24 (a) such school districts submit an application to the commissioner of 25 education for forgiveness for each project that meets the requirements 26 of this act on a form prescribed by the commissioner of education; 27 (b) such school districts submit the late or missing final cost report 28 to the commissioner of education; and 29 (c) such application must be approved by the commissioner of educa- 30 tion. 31 § 36. This act shall take effect July 1, 2019, provided that if this 32 act shall become a law after such date, it shall take effect immediately 33 and shall be deemed to have been in full force and effect on and after 34 July 1, 2019 and provided further, nothing in section five of this act 35 shall be construed to require the retrofitting of school buses purchased 36 prior to the effective date of this act, and provided further that: 37 (a) the amendments to subdivision 2 of section 3602-c of the education 38 law made by section eight of this act shall not affect the expiration of 39 such subdivision and shall be deemed to expire therewith; 40 (b) the amendments to subparagraph 2 of paragraph b of subdivision 1 41 of section 4402 of the education law made by section seventeen of this 42 act shall take effect upon the expiration and reversion of such subpara- 43 graph pursuant to chapter 352 of the laws of 2005, as amended, takes 44 effect; 45 (c) the amendments to clause (b) of subparagraph 1 of paragraph b of 46 subdivision 1 of section 4402 of the education law made by section twen- 47 ty-two of this act shall be subject to the expiration and reversion of 48 such clause pursuant to chapter 378 of the laws of 2007, as amended, 49 when upon such date the provisions of section twenty-three of this act 50 shall take effect; and 51 (d) the amendments to paragraph a of subdivision 1 of section 4404 of 52 the education law made by section twenty-five of this act shall not 53 affect the expiration of such subdivision and shall be deemed to expire 54 therewith.

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