N.Y. Education Law § 6503-b: Waiver for certain special education schools and early intervention agencies

§ 6503-b. Waiver for certain special education schools and early

intervention agencies. 1. Definitions. As used in this section the

following terms shall have the following meanings:

a. "Special education school" means an approved program as defined in

paragraph b of subdivision one of section forty-four hundred ten of this

chapter that meets the requirements of paragraph b of subdivision six of

such section forty-four hundred ten; an approved private non-residential

or residential school for the education of students with disabilities

that is located within the state; a child care institution as defined in

section four thousand one of this chapter that operates a private school

for the education of students with disabilities or an institution for

the deaf or blind operating pursuant to article eighty-five of this

chapter that either: (1) conducts a multi-disciplinary evaluation for

purposes of articles eighty-one or eighty-nine of this chapter that

involves the practice of one or more professions for which a license is

required pursuant to this title and no exception from corporate practice

restrictions applies, or (2) provides related services to students

enrolled in the school or approved program that involves the practice of

one or more professions for which a license is required pursuant to this

title and no exception from practice restrictions applies. Such term

shall not include a school district, board of cooperative educational

services, municipality, state agency or other public entity. Nothing in

this section shall be construed to require a child care institution that

conducts multi-disciplinary evaluations or provides related services

through an approved private nonresidential school operated by such child

care institution to obtain a waiver, provided that such school obtains a

waiver pursuant to this section.

b. "Early intervention agency" means an agency which is approved or is

seeking approval in accordance with title two-A of article twenty-five

of the public health law to deliver early intervention program

multi-disciplinary evaluations, service coordination services and early

intervention program services, and is lawfully operated as a sole

proprietorship or by a partnership, not-for-profit corporation,

education corporation, business corporation, a limited liability company

or professional services organization established pursuant to article

fifteen of the business corporation law, article twelve or thirteen of

the limited liability company law or article eight-B of the partnership

law.

c. "Early intervention program services" means early intervention

services as defined in subdivision seven of section twenty-five hundred

forty-one of the public health law that are provided under the early

intervention program and authorized in an eligible child's

individualized family services plan.

d. "Multi-disciplinary evaluation" for purposes of a special education

school means a multi-disciplinary evaluation of a preschool child

suspected of having a disability or a preschool child with a disability

that is conducted pursuant to section forty-four hundred ten of this

chapter or an evaluation of a school-age child suspected of having a

disability or with a disability which is conducted by a child care

institution that operates a special education school or the special

education school operated by such institution pursuant to subdivision

three of section four thousand two of this chapter or by an institution

for the deaf or blind operating pursuant to article eighty-five of this

chapter or an evaluation of a school-age child suspected of having a

disability or with a disability that is authorized to be conducted by a

special education school pursuant to any other provision of this chapter

and the regulations of the commissioner for purposes of identification

of the child as a child with a disability or the development of an

individualized education program for the child.

e. "Multi-disciplinary evaluation" for purposes of the early

intervention program means a professional, objective assessment

conducted by appropriately qualified personnel in accordance with

section twenty-five hundred forty-four of the public health law and its

implementing regulations to determine a child's eligibility for early

intervention program services.

f. "Related services" means related services as defined in paragraph g

of subdivision two of section four thousand two, paragraph k of

subdivision two of section forty-four hundred one, or paragraph j of

subdivision one of section forty-four hundred ten of this chapter

provided to a child with a disability pursuant to such child's

individualized education program.

2. Waiver. a. No special education school may employ individuals

licensed pursuant to this article to conduct components of a

multi-disciplinary evaluation of a child with a disability or a child

suspected of having a disability or to provide related services to

children with disabilities enrolled in the school, and no special

education school may provide such an evaluation component or related

services by contract with an individual licensed or otherwise authorized

to practice pursuant to this article or with an entity authorized by law

to provide such professional services, unless such school obtains a

waiver pursuant to this section. All special education schools approved

by the commissioner as of the effective date of this section shall be

deemed operating under a waiver pursuant to this section for a period

commencing on such effective date and ending on July first, two thousand

thirteen.

b. No early intervention agency may employ or contract with

individuals licensed pursuant to this article or with a not-for-profit

corporation, education corporation, business corporation, limited

liability company, or a professional services organization established

pursuant to article fifteen of the business corporation law, article

twelve or thirteen of the limited liability company law or article

eight-B of the partnership law, to conduct an early intervention program

multi-disciplinary evaluation, provide service coordination services or

early intervention program services unless such agency has obtained a

waiver pursuant to this section and has been approved in accordance with

title two-A of article twenty-five of the public health law as an early

intervention program provider. All early intervention agencies approved

as of the effective date of this section shall be deemed to be operating

under a waiver pursuant to this section for a period commencing on such

effective date and ending on July first, two thousand thirteen. Nothing

in this section shall be construed to require an early intervention

agency to operate under a waiver in accordance with this section

provided that it is otherwise authorized by law to provide the

applicable professional services.

3. Obtaining a waiver. a. A special education school and early

intervention agency shall obtain an application for a waiver on a form

prescribed by the department. The department may issue a waiver on or

after July first, two thousand thirteen to an entity which was created

before, on or after the effective date of this section if there is

demonstration of need of the entity's services satisfactory to the

department. The application for an initial waiver shall be accompanied

by a fee of three hundred forty-five dollars. Where the applicant

simultaneously applies for a waiver as a special education school and

early intervention agency the total waiver fee shall be three hundred

forty-five dollars.

b. Within one hundred twenty days after the commissioner prescribes

the application form and posts notice of its availability on the

department's website, a special education school or early intervention

agency must apply for a waiver. Upon submission of such application, the

school or agency may continue to operate and provide services until the

department shall either deny or approve the application. After the

department renders a timely initial determination that the applicant has

submitted the information necessary to verify that the requirements of

paragraphs c, d and e of this subdivision are satisfied, applications

for waivers shall be approved or denied within ninety days, provided

however that if the waiver application is denied the school or agency

shall cease providing services pursuant to this subdivision in the state

of New York.

c. Such waiver shall provide that services rendered pursuant to this

section, directly or indirectly, shall be provided only by a person

appropriately licensed to provide such services, except as otherwise

provided in law, to provide such services or by a professional services

entity authorized by law to provide such services.

d. An application for a waiver to provide professional services

pursuant to this section shall be on a form prescribed by the

commissioner. Such application shall include: (i) the name of the

special education school or early intervention agency; (ii) the names of

the directors or trustees and officers of such school or agency; (iii) a

listing of any other jurisdictions where such school or agency may

provide services; and (iv) an attestation made by an officer authorized

by such school or agency to make such attestation that identifies the

scope of services to be provided; includes a list of professions under

this title in which professional services will be provided by such

school or agency; includes a statement that, unless otherwise authorized

by law, the school or agency shall only provide services authorized

under this section; includes a statement that only a licensed

professional, a person otherwise authorized to provide such services, or

a professional services entity authorized by law to provide such

services shall provide such services as authorized under this section;

and attests to the adequacy of the school's or agency's fiscal and

financial resources to provide such services. Such application shall

also include any other information related to the application as may be

required by the department. A school or agency with an approved waiver

may apply, on a form prescribed by the commissioner, to amend the waiver

to add additional professional services.

e. Each officer, trustee and director of such school or agency shall

provide an attestation regarding his or her good moral character as

required pursuant to paragraph g of this subdivision. The commissioner

shall be further authorized to promulgate rules or regulations relating

to the standards of the waiver for special education schools and early

intervention agencies pursuant to this section. Such regulations shall

include standards relating to the school's or agency's ability to

provide services, the school's or agency's maintenance of student or

client and business records, the school's or agency's fiscal policies,

and such other standards as may be prescribed by the commissioner.

f. The special education school or early intervention agency operating

pursuant to a waiver shall display, at each site where services are

provided to the public, a certificate of such waiver issued by the

department pursuant to this section, which shall contain the name of the

school or agency and the address of the site. Such schools or agencies

shall obtain from the department additional certificates for each site

at which professional services are provided to the public. Each school

or agency shall be required to re-apply for a waiver every three years.

An early intervention agency's waiver shall not be renewed unless the

agency is approved to provide early intervention program

multi-disciplinary evaluations, service coordination or early

intervention program services in accordance with title two-A of article

twenty-five of the public health law. Except as otherwise provided in

subdivision four of this section, if any information supplied to the

department regarding the school or agency shall change, the school or

agency shall be required to provide such updated information to the

department within sixty days.

g. All officers, trustees and directors of such schools or agencies

shall be of good moral character. Schools or agencies operating pursuant

to a waiver and their officers and directors shall be entitled to the

same due process procedures as are provided to such individuals and

professional services corporations. No waiver issued under this section

shall be transferable or assignable; as such terms are defined in the

regulations of the commissioner.

4. Renewal of waiver. A. All special education school and early

intervention agency waivers shall be renewed on dates set by the

department. The triennial waiver fee shall be two hundred sixty dollars

or a pro-rated portion thereof as determined by the department. An early

intervention agency's waiver shall not be renewed unless the agency is

approved to provide early intervention program multi-disciplinary

evaluations, service coordination nor early intervention program

services in accordance with title two-A of article twenty-five of the

public health law.

5. Change of location. In the event that a change in the location of

the chief administrative offices of a special education school or early

intervention agency is contemplated, the owner shall notify the office

of professions of the department of the change of location at least

thirty days prior to relocation.

6. Professional practice. a. Notwithstanding any other provision of

law to the contrary, a special education school operating under a waiver

may employ individuals licensed or otherwise authorized to practice any

profession pursuant to this article to conduct components of a

multi-disciplinary evaluation of a child with a disability or a child

suspected of having a disability or to provide related services to

children with disabilities enrolled in the school or may provide

components of such an evaluation or such related services by contract

with an individual licensed or otherwise authorized to practice pursuant

to this article or a not-for-profit corporation, education corporation,

business corporation, limited liability company or professional services

organization established pursuant to article fifteen of the business

corporation law, article twelve or thirteen of the limited liability

company law or article eight-B of the partnership law authorized by law

to provide the applicable professional services.

b. Notwithstanding any other provision of law to the contrary, an

early intervention agency operating under a waiver that is approved in

accordance with title two-A of article twenty-five of the public health

law may employ or contract with individuals licensed or otherwise

authorized to practice any profession pursuant to this article or with a

not-for-profit corporation, education corporation, business corporation,

limited liability company or professional services organization

established pursuant to article fifteen of the business corporation law,

article twelve or thirteen of the limited liability company law or

article eight-B of the partnership law authorized to conduct early

intervention program multi-disciplinary evaluations, provide service

coordination services and early intervention program services.

c. A special education school or early intervention agency operating

under a waiver shall not practice any profession licensed pursuant to

this title or hold itself out to the public as authorized to provide

professional services pursuant to this title except as authorized by

this section or otherwise authorized by law.

7. Supervision of professional practice. A special education school or

early intervention agency shall be under the supervision of the regents

of the university of the state of New York and be subject to

disciplinary proceedings and penalties. A special education school or

early intervention agency operating under a waiver shall be subject to

suspension, revocation or annulment of the waiver for cause, in the same

manner and to the same extent as is provided with respect to individuals

and their licenses, certificates, and registrations in the provisions of

this title relating to the applicable profession. Notwithstanding the

provisions of this subdivision, a special education school or early

intervention agency that conducts or contracts for a component of a

multi-disciplinary evaluation that involves the practice of medicine

shall be subject to the pre-hearing procedures and hearing procedures as

is provided with respect to individual physicians and their licenses in

title two-A of article two of the public health law. Notwithstanding any

other provision of law to the contrary, upon revocation or other

termination by the commissioner of approval of the special education

school pursuant to article eighty-nine of this chapter and the

regulations of the commissioner implementing such article or termination

of the early intervention agency pursuant to title two-A of article

twenty-five of the public health law and implementing regulations by the

commissioner pursuant to subdivision eighteen of section forty-four

hundred three of this chapter, the school's or early intervention

agency's waiver pursuant to this section shall be deemed revoked and

annulled.