What's happening
This bill requires non-public schools to submit safety and occupancy documents annually to receive state funds or a BEDS code.
Why it matters
Ensures accountability for school safety. By requiring annual submission of certificates of occupancy and fire inspection reports, the bill increases oversight of non-public schools’ physical safety and compliance with local health and safety standards.
Links funding and data access to compliance. Non-public schools risk losing access to state funds and their Basic Educational Data System (BEDS) code if they do not provide up-to-date safety and occupancy documentation, creating a strong incentive to comply with regulations.
Increases transparency about school building use. The mandatory disclosure of building capacity and a list of all occupants at the same address helps prevent overcrowding, unauthorized use of school properties, and ensures that emergency responders have accurate information.
Empowers state education authorities. The bill explicitly allows the Commissioner of Education to request additional documentation as needed, giving the state greater flexibility to address evolving safety concerns in non-public schools.
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Who cares
Non-public school operators
They would have to submit incorporation or charter records, occupancy documentation, a fire inspection, building capacity information and a list of additional occupants before receiving a BEDS code and annually thereafter.
State Education Department and commissioner
They would receive annual documentation, withhold reimbursements for missing filings and have discretion to revoke a school's BEDS code after 90 days, subject to the school's right to be heard.
Students and families at non-public schools
Their schools would face annual documentation requirements covering lawful occupancy, fire inspections and building capacity.
Headline styles
Require Private School Safety Docs
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
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 Assembly Committee · Education · Sponsor Kenneth Zebrowski
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5664
2019-2020 Regular Sessions
IN SENATE
May 10, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed 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
S. 5664 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.
Sponsor's memo
Title of bill
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 Educa- tional Data System code
Purpose of the bill
The bill will require non-public schools to annually submit certain documents that demonstrate the safety of school buildings prior to the issuance and recertification of a registration code that entitles private schools to certain apportionment and grants.
Summary of provisions
Section one of the bill amends the education law by adding a new section 409-m as it relates to non-public school building requirements. Prior to the state education department issuing a Basic Education Data System (BEDS) code, the non-public school shall annually submit valid copies of a certificate of incorporation, a certificate of occupancy, a recent fire safety report, statement of maximum capacity and a list of other registered non-public schools at the same address.
All non-public schools with a BEDS code must annually submit all of these documents to the state education department each year as part of a recertification process.
Section two of the bill relates to the effective date.
Justification
This bill requires annual verification that all private schools receiv- ing a form of apportionment are operating in safe buildings. These requirements will provide the commissioner of education with an assur- ance that students are learning in a safe and code compliant building.
Prior legislative history
A.1542A of 2017-18; A.1727A of 2015-2016; A.8621A of 2013-2014.
Fiscal implications for state
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.