N.Y. EDN Law § 305 — New York Code / Act EDN / Title 1 / Article 7 / Section 305
General powers and duties
Status: in_force

§ 305. General powers and duties. The commissioner of education is\nhereby charged with the following powers and duties:\n  1. He is the chief executive officer of the state system of education\nand of the board of regents. He shall enforce all general and special\nlaws relating to the educational system of the state and execute all\neducational policies determined upon by the board of regents.\n  2. He shall have general supervision over all schools and institutions\nwhich are subject to the provisions of this chapter, or of any statute\nrelating to education, and shall cause the same to be examined and\ninspected, and shall advise and guide the school officers of all\ndistricts and cities of the state in relation to their duties and the\ngeneral management of the schools under their control. Additionally, he\nshall cause to be prepared and distributed to school officers of all\ndistricts, nonpublic schools and cities of the state timely notice as to\nalternate sources of funding for specific programs or purposes such as,\nbut not limited to, grants to be awarded on the basis of competitive\nproposals by state or federal agencies or from an approved private\nsource. Such notice shall include information as to proposal submission\ndeadlines, eligibility standards and other relevant information to\nassist school officers in making application for such alternate sources\nof funding. The commissioner shall not be liable for any damages\nresulting from failure to give notice under this subdivision.\n  3. He shall have general supervision of industrial schools, trade\nschools and schools of agriculture, mechanic arts and home making; he\nshall prescribe regulations governing the licensing of the teachers\nemployed therein; and he is hereby authorized, empowered and directed to\nprovide for the inspection of such schools, to take necessary action to\nmake effectual the provisions therefor, and to advise and assist boards\nof education in the several cities and school districts in the\nestablishment, organization and management of such schools.\n  4. He shall also have general supervision over the state teachers\ncolleges and state colleges for teachers which have been, or which may\nhereafter be, established as required by the provisions of this chapter.\n  5. He shall be ex officio a trustee of Cornell university.\n  6. He shall be responsible for the safe keeping and proper use of the\ndepartment and university seal and of the books, records and other\nproperty in charge of the regents, and for the proper administration and\ndiscipline of the various officers and divisions of the education\ndepartment.\n  7. The commissioner may annul upon cause shown to his or her\nsatisfaction any certificate of qualification granted to a teacher by\nany authority whatever or declare any diploma issued by a state teachers\ncollege and state colleges for teachers ineffective and null as a\nqualification to teach a public school within this state, and the\ncommissioner may reconsider and reverse his or her action in any such\nmatter. In a proceeding brought pursuant to this subdivision on charges\nagainst a certified teacher, the commissioner shall also be authorized\nto impose as a penalty:\n  a. suspension of a teaching certificate or license:\n  (1) wholly for a fixed period of time; or\n  (2) partially, until the teacher successfully completes a course of\nretraining in the area to which the suspension applies; or\n  (3) wholly, until the teacher successfully completes a course of\ntherapy or treatment;\n  b. limitation of the scope of a teaching certificate through\nrevocation of an extension to teach additional subjects or grades;\n  c. a fine not to exceed five thousand dollars; or\n  d. a requirement that the teacher pursue a course of continuing\neducation or training.\n  The attorney general shall, at the request of the commissioner or the\ndirector of the division of the budget, bring an action in the name of\nthe people of the state of New York to enforce and collect any fine\nimposed pursuant to this subdivision. In any such action, the findings\nand determination of the hearing officer or hearing panel or of the\ncommissioner shall be admissible evidence and shall be conclusive proof\nof the violation and the penalty assessed. For purposes of this\nsubdivision, the term "teacher" shall mean any professional educator\nholding a teaching certificate or license, including but not limited to\na classroom teacher, teaching assistant, pupil personnel services\nprofessional, school administrator or supervisor or superintendent of\nschools.\n  7-a. a. In addition to the authority to revoke and annul a certificate\nof qualification of a teacher in a proceeding brought pursuant to\nsubdivision seven of this section, the commissioner shall be authorized,\nand it shall be his or her duty, to revoke and annul in accordance with\nthis subdivision the teaching certificate of a teacher convicted of a\nsex offense for which registration as a sex offender is required\npursuant to article six-C of the correction law or of any other violent\nfelony offense or offenses committed against a child when such child was\nthe intended victim of such offense.\n  b. As used in this subdivision, the following terms shall have the\nfollowing meanings:\n  (1) "conviction" means any conviction whether by plea of guilty or\nnolo contendere or from a verdict after trial or otherwise;\n  (2) "sex offense" means an offense set forth in subdivision two or\nthree of section one hundred sixty-eight-a of the correction law,\nincluding an offense committed in any jurisdiction for which the\noffender is required to register as a sex offender in New York;\n  (3) "teacher" means any professional educator holding a teaching\ncertificate as defined in subparagraph four of this paragraph, including\nbut not limited to a classroom teacher, teaching assistant, pupil\npersonnel services professional, school administrator or supervisor or\nsuperintendent of schools;\n  (4) "teaching certificate" means the certificate or license or other\ncertificate of qualification granted to a teacher by any authority\nwhatsoever; and\n  (5) "violent felony offense" means any offense as defined in\nsubdivision one of section 70.02 of the penal law.\n  c. Upon receipt of a certified copy of a criminal history record\nshowing that a teacher has been convicted of a sex offense or sex\noffenses or a violent felony offense or offenses committed against a\nchild when such child was the intended victim of such offense or upon\nreceipt of notice of such a conviction as provided in paragraph d of\nthis subdivision, the commissioner shall automatically revoke and annul\nthe teaching certificate of such teacher without the right to a hearing.\nThe commissioner shall mail notice of the revocation and annulment\npursuant to this subdivision by certified mail, return receipt\nrequested, and by first-class mail directed to the teacher at such\nteacher's last known address and, if different, the last address filed\nby the certificate holder with the commissioner and to the teacher's\ncounsel of record in the criminal proceeding as reported in the notice\npursuant to paragraph d of this subdivision. Such notice shall inform\nthe teacher that his or her certificate has been revoked and annulled,\nidentify the sex offense or sex offenses or violent felony offense or\noffenses committed against a child when such child was the intended\nvictim of such offense of which the teacher has been convicted and shall\nset forth the procedure to follow if the teacher denies he or she is the\nperson who has been so convicted. If such teacher notifies the\ncommissioner in writing within twenty-five days after the date of\nreceipt of the notice that he or she is not the same person as the\nconvicted offender identified in the criminal record or identified\npursuant to paragraph d of this subdivision, provides proof to\nreasonably support such claim and the commissioner is satisfied the\nproof establishes such claim, the commissioner shall, within five\nbusiness days of the receipt of such proof, restore such teacher's\nteaching certificate retroactive to the date of revocation and\nannulment.\n  d. Upon conviction of a teacher of a sex offense defined in this\nsubdivision, the district attorney or other prosecuting authority who\nobtained such conviction shall provide notice of such conviction to the\ncommissioner identifying the sex offense or sex offenses or violent\nfelony offense or offenses committed against a child when such child was\nthe intended victim of such offense of which the teacher has been\nconvicted, the name and address of such offender and other identifying\ninformation prescribed by the commissioner, including the offender's\ndate of birth and social security number, to the extent consistent with\nfederal and state laws governing personal privacy and confidentiality of\ninformation. Such notice shall also include the name and business\naddress of the offender's counsel of record in the criminal proceeding.\n  e. Upon receipt of proof that the conviction or convictions that\nformed the basis for revocation and annulment of the teacher's teaching\ncertificate pursuant to this subdivision have been set aside upon appeal\nor otherwise reversed, vacated or annulled, the commissioner shall be\nrequired to conduct a due process hearing pursuant to subdivision seven\nof this section and part eighty-three of title eight of the New York\ncodes, rules and regulations prior to making a determination as to\nwhether to reinstate the teacher's original teaching certificate. Such\ndetermination shall be made within ninety days after such proof has been\nreceived.\n  f. Except as provided in paragraph g of this subdivision, and\nnotwithstanding any other provision of law to the contrary, a teacher\nshall be reinstated to his or her position of employment in a public\nschool, with full back pay and benefits from the date his or her\ncertificate was revoked or annulled to the date of such reinstatement,\nunder the following circumstances:\n  (i) The termination of employment was based solely on the conviction\nof a sex offense, or conviction of a violent felony offense or offenses\ncommitted against a child when such child was the intended victim of\nsuch offense or the revocation or annulment of a certificate based on\nsuch conviction, and such conviction has been set aside on appeal or\notherwise reversed, vacated or annulled and the commissioner has\nreinstated the teacher's certification pursuant to paragraph e of this\nsubdivision; or\n  (ii) The termination of employment was based solely on the conviction\nof a sex offense or violent felony offense or offenses committed against\na child when such child was the intended victim of such offense and it\nhas been determined that the teacher is not the same person as the\nconvicted offender.\n  g. If a teacher's employment was terminated as a result of a\ndisciplinary proceeding conducted pursuant to section three thousand\ntwenty-a of this chapter or other disciplinary hearing conducted\npursuant to any collective bargaining or contractual agreement on one or\nmore grounds other than conviction of a sex offense, or the revocation\nor annulment of a certificate based on such conviction, then nothing in\nparagraph f of this subdivision shall require a school district to\nreinstate employment of such teacher or be liable for back pay or\nbenefits.\n  h. No provision of this article shall be deemed to preclude the\nfollowing: (i) the commissioner from conducting a due process hearing\npursuant to subdivision seven of this section and part eighty-three of\ntitle eight of the New York codes, rules and regulations; or (ii) a\nschool district or employing board from bringing a disciplinary\nproceeding pursuant to section three thousand twenty-a or three thousand\ntwenty-b of this chapter; or (iii) a school district or employing board\nfrom bringing an alternative disciplinary proceeding conducted pursuant\nto a collective bargaining or contractual agreement.\n  i. The commissioner shall be authorized to promulgate any regulations\nnecessary to implement the provisions of this subdivision.\n  7-b. a. In addition to the authority to revoke and annul a certificate\nof qualification of a teacher in a proceeding brought pursuant to\nsubdivisions seven and seven-a of this section, the commissioner shall\nbe authorized, and it shall be his or her duty, to revoke and annul in\naccordance with this subdivision the certificate of a school\nadministrator or supervisor convicted of an offense listed under\nsubparagraph two of paragraph b of this subdivision.\n  b. As used in this subdivision, the following terms shall have the\nfollowing meanings:\n  (1) "conviction" means any conviction whether by plea of guilty or\nnolo contendere or from a verdict after trial or otherwise;\n  (2) "offense" means defrauding the government as defined in section\n195.20 of the penal law, and any such offense in any other jurisdiction\nwhich includes all of the elements of such felony and for which a\nsentence to a term of imprisonment in excess of one year was authorized\nand is authorized in such state, irrespective of whether such sentence\nwas imposed;\n  (3) "school administrator or supervisor" means any professional school\ndistrict administrator, school administrator or supervisor, or school\nbusiness administrator holding a certificate as defined in subparagraph\nfour of this paragraph; and\n  (4) "certificate" means the certificate or license or other\ncertificate of qualification granted to qualify an individual to serve\nas a school administrator or supervisor by any authority whatsoever.\n  c. Upon receipt of a certified copy of a criminal history record\nshowing that a school administrator or supervisor has been convicted of\nan offense as defined in subparagraph two of paragraph b of this\nsubdivision or upon receipt of notice of such a conviction as provided\nin paragraph d of this subdivision, the commissioner shall automatically\nrevoke and annul the certificate of such school administrator or\nsupervisor without the right to a hearing. The commissioner shall mail\nnotice of the revocation pursuant to this subdivision by certified mail,\nreturn receipt requested, and by first-class mail directed to the school\nadministrator's or supervisor's last known address and, if different,\nthe last address filed by the certificate holder with the commissioner\nand to the school administrator's or supervisor's counsel of record in\nthe criminal proceeding as reported in the notice pursuant to paragraph\nd of this subdivision. Such notice shall inform the school administrator\nor supervisor that his or her certificate has been revoked and annulled,\nidentify the offense of which the school administrator or supervisor has\nbeen convicted and shall set forth the procedure to follow if the school\nadministrator or supervisor denies he or she is the person who has been\nso convicted. If such school administrator or supervisor notifies the\ncommissioner in writing within twenty-five days after the date of\nreceipt of the notice that he or she is not the same person as the\nconvicted offender identified in the criminal record, or identified\npursuant to paragraph d of this subdivision, provides proof to\nreasonably support such claim and the commissioner is satisfied the\nproof establishes such claim, the commissioner shall, within five\nbusiness days of the receipt of such proof, restore such school\nadministrator's or supervisor's teaching certificate retroactive to the\ndate of revocation and annulment.\n  d. Upon conviction of a school administrator or supervisor of an\noffense defined in subparagraph two of paragraph b of this subdivision,\nthe district attorney or other prosecuting authority who obtained such\nconviction shall provide notice of such conviction to the commissioner\nidentifying the offense of which the school administrator or supervisor\nhas been convicted, the name and address of such offender and other\nidentifying information prescribed by the commissioner, including the\noffender's date of birth and social security number, to the extent\nconsistent with federal and state laws governing personal privacy and\nconfidentiality of information. Such district attorney or other\nprosecuting authority shall include in such notice the name and business\naddress of the offender's counsel of record in the criminal proceeding.\n  e. Upon receipt of proof that the conviction or convictions that\nformed the basis for revocation and annulment of the school\nadministrator's or supervisor's certificate pursuant to this subdivision\nhave been set aside upon appeal or otherwise reversed, vacated or\nannulled, the commissioner shall be required to conduct a due process\nhearing pursuant to subdivision seven of this section and part\neighty-three of title eight of the New York codes, rules and regulations\nprior to making a determination as to whether to reinstate the school\nadministrator's or supervisor's original certificate. Such determination\nshall be made within ninety days after such proof has been received.\n  f. Except as provided in paragraph g of this subdivision, and\nnotwithstanding any other provision of law to the contrary, a school\nadministrator or supervisor shall be reinstated to his or her position\nof employment in a public school or public school district, with full\nback pay and benefits from the date his or her certificate was revoked\nor annulled to the date of such reinstatement, under the following\ncircumstances:\n  (1) The termination of employment was based solely on the conviction\nof an offense defined in subparagraph two of paragraph b of this\nsubdivision, or the revocation or annulment of a certificate based on\nsuch conviction, and such conviction has been set aside on appeal or\notherwise reversed, vacated or annulled and the commissioner has\nreinstated the school administrator's or supervisor's certification\npursuant to paragraph e of this subdivision; or\n  (2) The termination of employment was based solely on the conviction\nof an offense defined in subparagraph two of paragraph b of this\nsubdivision and it has been determined that the school administrator or\nsupervisor is not the same person as the convicted offender.\n  g. If a school administrator's or supervisor's employment was\nterminated as a result of a disciplinary proceeding conducted pursuant\nto section three thousand twenty-a of this chapter or other disciplinary\nhearing conducted pursuant to any collective bargaining or contractual\nagreement on one or more grounds other than conviction of an offense\ndefined in subparagraph two of paragraph b of this subdivision, or the\nrevocation or annulment of a certificate based on such conviction, then\nnothing in paragraph f of this subdivision shall require a school\ndistrict to reinstate the employment of such school administrator or\nsupervisor or be liable for back pay or benefits.\n  h. No provision of this article shall be deemed to preclude the\nfollowing: (1) the commissioner from conducting a due process hearing\npursuant to subdivision seven of this section and part eighty-three of\ntitle eight of the New York codes, rules and regulations; or (2) a\nschool district or employing board from bringing a disciplinary\nproceeding pursuant to section three thousand twenty-a of this chapter;\nor (3) a school district or employing board from bringing an alternative\ndisciplinary proceeding conducted pursuant to a collective bargaining or\ncontractual agreement.\n  i. The commissioner shall be authorized to promulgate any regulations\nnecessary to implement the provisions of this subdivision.\n  8. He shall cause to be prepared and keep in his office records of all\npersons who have received, or shall receive, certificates of\nqualification to teach or diplomas of the state teachers colleges, and\nstate colleges for teachers, with the dates thereof, and shall note\nthereon all annulments of such certificates and diplomas, and reversals\nthereof, with the dates and causes thereof, together with such other\nparticulars as he may deem expedient.\n  9. The commissioner shall procure with the consent of the federal\nauthorities complete lists giving the names, ages and destination within\nthe state of all noncitizen children of school age and such other facts\nas will tend to identify them, and shall deliver copies of such lists to\nthe several boards of education and school boards in the respective\nlocalities within the state to which said children shall be destined, to\naid in the enforcement of the provisions of this chapter relative to the\ncompulsory attendance at school of children of school age.\n  10. He may administer oaths and take affidavits concerning any matter\nrelating to the duties of his office or pertaining in any way to the\nschools of the state or any part thereof.\n  11. He is hereby authorized to furnish, by means of pictorial or\ngraphic representations, additional facilities for instruction in\ngeography, history, science and kindred subjects, to the schools,\ninstitutions and organizations under the supervision of the regents.\nMaterial collected for this purpose may, under regents' general rules,\nbe lent for a limited time to responsible institutions and organizations\nfor the benefit of artisans, mechanics and other citizens of the several\ncommunities of the state. He may from time to time enter into contracts\nnecessary for carrying out this provision.\n  12. The commissioner of education is authorized and directed to\nestablish and provide for the maintenance and conduct of courses of\nstudy or training in state teachers colleges and state colleges for\nteachers and in colleges and universities and other educational\ninstitutions and in connection with other educational agencies for the\npurpose of training teachers in principles and methods of instruction,\nand to give them knowledge to fit them to instruct foreign born and\nnative adults and minors over sixteen years of age in evening,\nextension, factory, home and community classes. Such courses of study\nshall be prescribed by the commissioner of education and shall continue\nfor a period of not less than one year. No teacher employed to instruct\nforeign born and native adults and minors over sixteen years of age\nshall be employed by the state or compensated in whole or in part by the\nstate, unless he shall have completed such course of study or training\nor shall have an equivalent thereof to be determined under the\nregulations of the commissioner of education. A special certificate\nshall be issued to teachers who have completed such course of study or a\ncourse of instruction which is equivalent thereto, provided, however,\nthat temporary permits may be issued by the commissioner of education to\nteachers who are qualified to give such instruction pending the\ncompletion of such a course of study or training.\n  12-a. The commissioner shall evaluate the effectiveness of all teacher\npreparation programs in the state, and the timelines and costs of\ndeveloping or modifying data systems to collect the necessary data. Such\nstudy shall consider measuring the effectiveness of such programs based\non the academic performance of their students and graduates and through\nother measures. The commissioner shall consult with the chancellors of\nthe state university of New York and the city university of New York,\nand other representatives of institutions of higher education. Upon\ncompletion of such study, the commissioner shall make recommendations to\nthe board of regents on implementation of such methodologies.\n  13. The commissioner of education or the board of education or\ntrustees of any city or school district may provide for the\nestablishment of courses of instruction or study and schools in\nconnection with factories, places of employment, or in such other places\nas he or they may deem advisable, for the purpose of giving instruction\nto foreign-born and native adults and minors over the age of sixteen\nyears.  Such course of instruction or study shall include instruction in\nEnglish, history, civics and other subjects tending to promote good\ncitizenship and to increase vocational efficiency. Such course of\ninstruction and study shall be prescribed by the regents of the\nuniversity of the state of New York, and shall be in conformity with\nrules to be adopted by them.\n  14. a. All contracts for the transportation of school children, all\ncontracts to maintain school buses owned or leased by a school district\nthat are used for the transportation of school children, all contracts\nfor mobile instructional units, and all contracts to provide, maintain\nand operate cafeteria or restaurant service by a private food service\nmanagement company shall be subject to the approval of the commissioner,\nwho may disapprove a proposed contract if, in his opinion, the best\ninterests of the district will be promoted thereby. Except as provided\nin paragraph e of this subdivision, all such contracts involving an\nannual expenditure in excess of the amount specified for purchase\ncontracts in the bidding requirements of the general municipal law shall\nbe awarded to the lowest responsible bidder, which responsibility shall\nbe determined by the board of education or the trustee of a district,\nwith power hereby vested in the commissioner to reject any or all bids\nif, in his opinion, the best interests of the district will be promoted\nthereby and, upon such rejection of all bids, the commissioner shall\norder the board of education or trustee of the district to seek, obtain\nand consider new proposals. All proposals for such transportation,\nmaintenance, mobile instructional units, or cafeteria and restaurant\nservice shall be in such form as the commissioner may prescribe.\nAdvertisement for bids shall be published in a newspaper or newspapers\ndesignated by the board of education or trustee of the district having\ngeneral circulation within the district for such purpose. Such\nadvertisement shall contain a statement of the time when and place where\nall bids received pursuant to such advertisement will be publicly opened\nand read either by the school authorities or by a person or persons\ndesignated by them. All bids received shall be publicly opened and read\nat the time and place so specified. At least five days shall elapse\nbetween the first publication of such advertisement and the date so\nspecified for the opening and reading of bids. The requirement for\ncompetitive bidding shall not apply to an award of a contract for the\ntransportation of pupils or a contract for mobile instructional units,\nif such award is based on an evaluation of proposals in response to a\nrequest for proposals pursuant to paragraph e of this subdivision. The\nrequirement for competitive bidding shall not apply to annual, biennial,\nor triennial extensions of a contract nor shall the requirement for\ncompetitive bidding apply to quadrennial or quinquennial year extensions\nof a contract involving transportation of pupils, maintenance of school\nbuses or mobile instructional units secured either through competitive\nbidding or through evaluation of proposals in response to a request for\nproposals pursuant to paragraph e of this subdivision, when such\nextensions (1) are made by the board of education or the trustee of a\ndistrict, under rules and regulations prescribed by the commissioner,\nand, (2) do not extend the original contract period beyond five years\nfrom the date cafeteria and restaurant service commenced thereunder and\nin the case of contracts for the transportation of pupils, for the\nmaintenance of school buses or for mobile instructional units, that such\ncontracts may be extended, except that power is hereby vested in the\ncommissioner, in addition to his existing statutory authority to approve\nor disapprove transportation or maintenance contracts, (i) to reject any\nextension of a contract beyond the initial term thereof if he finds that\namount to be paid by the district to the contractor in any year of such\nproposed extension fails to reflect any decrease in the regional\nconsumer price index for the N.Y., N.Y.-Northeastern, N.J. area, based\nupon the index for all urban consumers (CPI-U) during the preceding\ntwelve month period; and (ii) to reject any extension of a contract\nafter ten years from the date transportation or maintenance service\ncommenced thereunder, or mobile instructional units were first provided,\nif in his opinion, the best interests of the district will be promoted\nthereby. Upon such rejection of any proposed extension, the commissioner\nmay order the board of education or trustee of the district to seek,\nobtain and consider bids pursuant to the provisions of this section. The\nboard of education or the trustee of a school district electing to\nextend a contract as provided herein, may, in its discretion, increase\nthe amount to be paid in each year of the contract extension by an\namount not to exceed the regional consumer price index increase for the\nN.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban\nconsumers (CPI-U), during the preceding twelve month period, provided it\nhas been satisfactorily established by the contractor that there has\nbeen at least an equivalent increase in the amount of his cost of\noperation, during the period of the contract.\n  b. Notwithstanding the provisions of paragraph a of this subdivision,\nin the case of any emergency arising out of an accident or other\nunforeseen occurrence or condition affecting pupil transportation\nservices within a district, and requiring immediate action which cannot\nawait competitive bidding, interim contracts for pupil transportation\nservices may be let by the board of education or the trustee of such\ndistrict for a period not to exceed one month, pending the award of a\ncontract for such services in compliance with the provisions of\nparagraph a of this subdivision.\n  c. Each board of education, or the trustees, of a school district\nwhich elected or elects to extend one or more pupil transportation\ncontracts may extend a contract in an amount which is in excess of the\nmaximum increase allowed by use of the CPI referenced in paragraph a of\nthis subdivision. Such excess amount shall not be greater than the sum\nof the following: (i) the sum of the actual cost of qualifying criminal\nhistory and driver licensing testing fees attributable to special\nrequirements for drivers of school buses pursuant to articles nineteen\nand nineteen-A of the vehicle and traffic law plus the actual cost of\nany diagnostic tests and physical performance tests that are deemed to\nbe necessary by an examining physician or the chief school officer to\ndetermine whether an applicant to drive a school bus under the terms of\nthe contract has the physical and mental ability to operate a school\ntransportation conveyance and to satisfactorily perform the other\nresponsibilities of a school bus driver pursuant to regulations of the\ncommissioner; (ii) in a school district located in a city with at least\none million inhabitants, the actual cost of clean air technology filters\nand Global Positioning System (GPS) technology; (iii) in a school\ndistrict located in a city with at least one million inhabitants, with\nrespects only to any extension beginning in fiscal year two thousand\nfive--two thousand six, the sum of the actual cost of providing school\nbus attendants including the actual cost of criminal history record\nchecks for school bus attendant applicants and training and instruction\nfor school bus attendants pursuant to section twelve hundred\ntwenty-nine-d of the vehicle and traffic law plus up to five percent of\nsuch cost for necessary administrative services; and (iv) the actual\ncost of equipment or vehicle modification, or training required, by any\nstate or local legislation or regulation promulgated or effective on or\nafter June first, two thousand five. Such costs shall be approved by the\ncommissioner upon documentation provided by the school district and\ncontractor as required by the commissioner.\n  * d. Notwithstanding the provisions of paragraphs a, b and c of this\nsubdivision, the board of education or the trustee of a district and a\ncontractor providing pupil transportation services to such district may\namend a contract for pupil transportation services upon a finding that\nsuch amendment is necessary to comply with any federal, state or local\nlaw, rule or regulation imposed after the execution of such contract, or\nto enhance the safety of pupil transportation, as determined by the\nboard or trustee subject to the approval of the commissioner pursuant to\nregulations which shall require demonstrable enhancements in pupil\nsafety and/or increased savings consistent with maintaining pupil\nsafety. Such amendment shall cause no additional cost to the state,\nlocality or school district. The commissioner shall not approve such an\namendment if the commissioner finds that it circumvents the competitive\nbidding requirements contained in paragraph a of this subdivision, or\notherwise violates this section or any other provision of law, or fails\nto increase or maintain the safety of pupil transportation.\n  * NB Repealed January 1, 2028\n  e. Notwithstanding the provisions of any general, special or local law\nor charter, a board of education or a trustee of a district, pursuant to\nrules and regulations promulgated by the commissioner, may award a\ncontract for the transportation of pupils or a contract for mobile\ninstructional units involving an annual expenditure in excess of the\namount specified for purchase contracts in the bidding requirements of\nthe general municipal law in compliance with the provisions of paragraph\na of this subdivision or subsequent to an evaluation of proposals\nsubmitted in response to a request for proposals prepared by or for the\nboard of education or trustee of a district. The commissioner, in\naddition to his existing statutory authority to approve or disapprove\ntransportation contracts, may reject any award of a transportation\ncontract or a contract for mobile instructional units that is based on\nan evaluation of proposals submitted in response to a request for\nproposals if he finds that (1) the contractor is not the most responsive\nto the request for proposals, or (2) that the best interests of the\ndistrict will be promoted thereby.\n  f. When a board of education or a trustee of a school district elects\nto receive proposals submitted in response to a request for proposals,\nsuch board of education or trustee shall evaluate each proposal from a\nresponding contractor according to criteria established by the\ncommissioner. For evaluation of proposals related to contracts for pupil\ntransportation services, such criteria shall include at a minimum (i)\nthe previous experience of the contractor in transporting pupils, (ii)\nthe name of each transportation company the contractor has been an owner\nor a manager and previous experience, (iii) a description of any safety\nprograms implemented by the contractor, (iv) a record of accidents in\nmotor vehicles under the control of the contractor, (v) driving history\nof employees of the contractor, (vi) inspection records and model year\nof the motor vehicles under the control of the contractor, (vii)\nmaintenance schedule of the motor vehicles under the control of the\ncontractor, (viii) financial analysis of the contractor, and (ix)\ncompliance with insurance requirements. For evaluation of proposals\nrelated to contracts for mobile instructional units, such criteria shall\ninclude at a minimum (1) the previous experience of the contractor in\nproviding mobile instructional units for use by public school districts,\n(2) the name of each transportation company or manufacturer in which the\ncontractor or any of the contractor's officers has been an owner or a\nmanager or has had a controlling interest, (3) a description of any\nvehicle safety standards included in the design standards for the mobile\ninstructional units under the control of the contractor that exceed\napplicable standards defined in statute or regulations, (4) inspection\nrecords and model year of the mobile instructional units under the\ncontrol of the contractor, (5) maintenance schedule of the mobile\ninstructional units under the control of the contractor, (6) financial\nanalysis of the contractor and (7) compliance with insurance\nrequirements.\n  g. Notwithstanding the provisions of this subdivision, section one\nhundred three of the general municipal law, or any other provision of\nlaw to the contrary, the board of education shall be authorized to enter\ninto a piggyback contract with another school district that transports\nstudents pursuant to a contract with a private transportation\ncontractor, provided that the board finds that the contract cost is\nappropriate and entry into a piggyback contract will result in a cost\nsavings to the school district. For purposes of this paragraph, a\n"piggyback contract" means a contract for the transportation of students\nthat: (1) provides transportation to a location outside the students'\nschool district of residence to which another school district is already\nproviding transportation to its own students through an existing\ncontract with a private transportation contractor, other than a\ncooperatively bid contract; (2) is entered into by the private\ntransportation contractor and each school district involved; and (3)\nprovides for transportation in accordance with the terms and conditions\nof such existing transportation contract.\n  15. The extension industrial teacher training courses heretofore\nestablished are continued under the jurisdiction and control of the\neducation department. Members of the faculty to teach such courses shall\nbe appointed by the commissioner of education and, subject to the\napproval of the director of the budget, shall be classified, allocated\nand paid in accordance with the schedules contained in section three\nhundred fifty-five-a of this chapter.\n  16. The commissioner shall cooperate with the commissioner of health\nto facilitate the timely establishment and maintenance of current\nrecords of courses in advanced emergency medical technology.\n  17. Whenever a mistake has been made, or an honest dispute exists, as\nto the location of the division line between land owned by the state,\nwhich is under the jurisdiction, care, custody or control of the\ndepartment of education, and adjoining privately owned land, the\ncommissioner of education, acting for and on behalf and in the name of\nthe people of the state of New York, may enter into a boundary line\nagreement, fixing and determining the division line between such lands,\nsubject to the approval of the attorney general as to form, content and\nmanner of execution.\n  18. The commissioner shall cooperate with the superintendent of\nfinancial services and the commissioner of commerce in the creation of\neducational programs to be offered in conjunction with and in support of\nthe export finance awareness program of the department of financial\nservices and the department of commerce. Such assistance may include,\nbut shall not be limited to, the development of specific training\nprograms, identification of potential training needs, provision of\nfacilities for training and the identification of potential trainees.\nFurther activity by the commissioner shall require that a designee of\nthe commissioner attend each and every export awareness advisory board\nmeeting, formally report to the commissioner, and have the commissioner\ncontact the superintendent of financial services and the commissioner of\ncommerce so that the superintendent of financial services may coordinate\nthe activities of each of these components in the area of training.\n  19. The commissioner is authorized and directed to require all\nelementary and secondary schools to store all chemicals present in their\nscience facilities in locked and secure storage rooms and cabinets. The\nschools shall provide for the placement, spacing, arrangement,\nventilation and fire protection of such stored chemicals in accordance\nwith guidelines promulgated by the commissioner of education. The\ncommissioner shall also require all elementary and secondary schools to\nprepare at least annually an inventory of such chemicals, including the\nchemical's name, the chemical abstracts service registry number, a\nhazard warning code, the generally accepted method or methods of\ndisposal, a compatible storage code, the date received, the scheduled\ndate of disposal, the quantity received, the quantity remaining and its\nlocation. The inventory must be kept in a secure location and be\navailable for inspection by the commissioner.\n  20. He shall also have and execute such further powers and duties as\nhe shall be charged with by the regents.\n  21. a. For the purposes of the computation of the apportionment of aid\nunder any of the provisions of this chapter or any other law, the\ncommissioner shall promulgate regulations to provide where not otherwise\nprovided by law, for the use of whole numbers, fractions or decimals.\nSuch regulations shall specify when such numbers shall be rounded or\ntruncated. Such regulations may provide that under each apportionment\nthe amount of aid to be paid pursuant to the applicable section of law\nmay be paid in whole dollars.\n  b. The commissioner shall periodically prepare an updated electronic\ndata file containing actual and estimated data relating to\napportionments due and owing during the current school year and\nprojections of such apportionments for the following school year to\nschool districts and boards of cooperative educational services from the\ngeneral support for public schools, growth and boards of cooperative\neducational services appropriations on the following dates: November\nfifteenth, or such alternative date as may be requested by the director\nof the budget for the purpose of preparation of the executive budget;\nFebruary fifteenth, or such alternative date as may be jointly requested\nby the chair of the senate finance committee and the chair of the\nassembly ways and means committee; and May fifteenth, or such\nalternative date as may be jointly requested by the director of the\nbudget, the chair of the senate finance committee, and the chair of the\nassembly ways and means committee. For the purposes of using estimated\ndata for projections of apportionments for the following school year,\nwhen no specific apportionment has yet been made for such school year,\nbut such apportionment has a history of annual reauthorization, the\ncommissioner shall estimate the apportionment at the same level as the\npreceding school year, subject to the annual approval of the director of\nthe budget, the chairperson of the senate finance committee and the\nchairperson of the assembly ways and means committee.\n  c. The commissioner shall transmit a report in support of the general\nsupport for public schools appropriation to the director of the budget\nand each such committee chair containing schedules displaying such\napportionments then due and owing, including updated data for the\ncurrent audit year, seven preceding audit years and the estimated year,\nto coincide with each such update and by September first with respect to\npayments due for the preceding school year.\n  d. Notwithstanding any inconsistent provision of law to the contrary,\nfor the purposes of (i) determining the base year level of general\nsupport for public schools pursuant to paragraph b of this subdivision\nfor the two thousand seventeen--two thousand eighteen school year and\nthereafter, the commissioner is directed to include the state-funded\ngrant amounts allocated pursuant to subdivision ten of section\nthirty-six hundred two-e of this chapter where such state-funded grants\nhad previously been allocated to districts by means other than general\nsupport for public schools, and (ii) for the purposes of determining\nboth the base year and current year levels of general support for public\nschools pursuant to paragraph b of this subdivision for the two thousand\nnineteen--two thousand twenty school year and thereafter, the\ncommissioner is also directed to include grant amounts pursuant to\nsection thirty-six hundred two-ee of this chapter, provided that,\nnotwithstanding any provision of law to the contrary, such base year\ngrant amounts shall not be included in: (1) the allowable growth amount\ncomputed pursuant to paragraph dd of subdivision one of section\nthirty-six hundred two of this chapter, (2) the preliminary growth\namount computed pursuant to paragraph ff of subdivision one of section\nthirty-six hundred two of this chapter, and (3) the allocable growth\namount computed pursuant to paragraph gg of subdivision one of section\nthirty-six hundred two of this chapter, and shall not be considered, and\nshall not be available for interchange with, general support for public\nschools.\n  e. Notwithstanding any inconsistent provision of law to the contrary,\nin preparing an electronic data file pursuant to paragraph b of this\nsubdivision, for the purposes of using estimated data for projections of\napportionments for the following school year, the commissioner shall (i)\ncalculate the negative difference, if any, of the allowable growth\namount computed pursuant to subdivision one of section thirty-six\nhundred two of this chapter less the preliminary growth amount pursuant\nto such subdivision, and (ii) include such negative difference as the\n"growth cap adjustment" in any file that aggregates apportionments of\ngeneral support for public schools for the purpose of determining the\namounts necessary in the state fiscal years associated with the school\nyear estimates, provided that the commissioner shall not allocate any\namount of such growth cap adjustment to any school district.\n  22. The commissioner shall establish the procedures for a statewide\nsystem of assigning unique student identification numbers for all\nstudents in public and nonpublic schools within the state for purposes\nof student tracking and for state reporting purposes. Students shall\nretain their numbers until they attain the age of twenty-one. As new\nstudents enter schools in New York, they shall be assigned a unique\nnumber. The commissioner shall include in such system appropriate\nprocedures for insuring security and confidentiality of student\ninformation. The commissioner shall adopt regulations to provide for the\nimplementation of such statewide system by school districts and\nnonpublic schools.\n  23. The commissioner shall have primary responsibility for the\ndevelopment and implementation of integrated employment opportunities\nincluding short-term and intensive supported employment services and, as\nappropriate, long-term extended support services and shall coordinate\nwith the commissioner of social services, the commissioner of the office\nof mental health and the commissioner of the office for people with\ndevelopmental disabilities under an integrated employment implementation\nplan, pursuant to article twenty-one of this chapter.\n  24. Notwithstanding any inconsistent provision of this chapter, the\ncommissioner may, by regulation, provide for a system whereby schools,\nschool districts and municipalities submit required certifications\nelectronically or in any other media form which the commissioner\nreasonably determines offers the same degree of accountability and\ncontrol provided by paper certifications. The certifications described\nin this subdivision shall constitute written instruments, computer data\nor statements within the meaning of articles one hundred seventy, one\nhundred seventy-five and one hundred seventy-six of the penal law.\n  25. The commissioner shall conduct periodic fiscal audits of boards of\ncooperative educational services as defined in section nineteen hundred\nfifty of this chapter and, to the extent sufficient resources are\nprovided the department for such purpose, shall assure that each such\nboard of cooperative educational services is audited at least once every\nthree years.\n  26. The commissioner is authorized and directed to promulgate rules\nand regulations to require that any statement prepared to satisfy the\nprovisions of sections sixteen hundred eight, seventeen hundred sixteen\nand twenty-six hundred one-a of this chapter, any district-wide mailing\ndistributed which in whole or part related to such statement, and any\nreport prepared to satisfy the requirements of sections sixteen hundred\nten, seventeen hundred twenty-one and twenty-five hundred twenty-eight\nof this chapter, commencing in the nineteen hundred\nninety-seven--ninety-eight school year, be in plain language and that\ncategorization of and format for revenue including payments in lieu of\ntaxes, property tax refunds from certiorari proceedings, expenditure,\ntransfer, and fund balance information and changes in such data from the\nprior year and, in the case of a resubmitted or amended budget, changes\nin such information from the prior year's submitted budget, shall be\ncomplete and accurate and set forth in such a manner as to best promote\npublic comprehension and readability.\n  27. The commissioner shall promulgate regulations in consultation with\nthe New York state energy research and development authority concerning\nthe development and approval of energy performance contracts for school\ndistricts and boards of cooperative educational services in accordance\nwith subdivision eight of section 9-103 of the energy law.\n  28. On or before April first, two thousand, the commissioner shall\ndevelop and implement an automated board of cooperative educational\nservices state aid reporting system for the purpose of tracking and\nreporting state and local expenditures for aidable shared services\npursuant to subdivision five of section nineteen hundred fifty of this\nchapter. Such system shall track state and local expenditures in the\nmanner prescribed by the commissioner, provided that, at a minimum, such\nsystem shall report such expenditures by board of cooperative\neducational services, by type of cooperative service agreement (CO-SER)\nand by component school district. In addition, such system shall report\nexpenses and aid totals, as well as expenditures and aid per resident\nweighted average daily attendance.\n  29. The commissioner shall develop a program whereby any veteran of\nthe armed forces who served in world war II and who was unable, for any\nreason, to complete a secondary education, may be awarded a high school\ndiploma based on knowledge and experience gained while in service.\n  29-a. The commissioner shall develop a program whereby any veteran of\nthe armed forces who served in the Korean conflict and who was unable,\nfor any reason, to complete a secondary education, may be awarded a high\nschool diploma based on knowledge and experience gained while in\nservice.\n  29-b. The commissioner shall develop a program whereby any veteran of\nthe armed forces who served in the Vietnam war and who was unable, for\nany reason, to complete a secondary education, may be awarded a high\nschool diploma based on knowledge and experience gained while in\nservice.\n  29-c. The commissioner shall develop a program whereby any veteran of\nthe armed forces who has served on active duty in the United States\nArmed Forces, and who was unable, for any reason, to complete a\nsecondary education, may be awarded a high school diploma based on\nknowledge and experience gained while in service.\n  30. (a) The commissioner, in cooperation with the division of criminal\njustice services and in accordance with all applicable provisions of\nlaw, shall promulgate rules and regulations to require the\nfingerprinting of prospective employees, as defined in section eleven\nhundred twenty-five of this chapter, of school districts, charter\nschools and boards of cooperative educational services and authorizing\nthe fingerprinting of prospective employees of nonpublic and private\nelementary and secondary schools, and for the use of information derived\nfrom searches of the records of the division of criminal justice\nservices and the federal bureau of investigation based on the use of\nsuch fingerprints. The commissioner shall also develop a form for use by\nschool districts, charter schools, boards of cooperative educational\nservices, and nonpublic and private elementary and secondary schools in\nconnection with the submission of fingerprints that contains the\nspecific job title sought and any other information that may be relevant\nto consideration of the applicant. The commissioner shall also establish\na form for the recordation of allegations of child abuse in an\neducational setting, as required pursuant to section eleven hundred\ntwenty-six of this chapter. No person who has been fingerprinted\npursuant to section three thousand four-b of this chapter or pursuant to\nsection five hundred nine-cc or twelve hundred twenty-nine-d of the\nvehicle and traffic law and whose fingerprints remain on file with the\ndivision of criminal justice services shall be required to undergo\nfingerprinting for purposes of a new criminal history record check. This\nsubdivision and the rules and regulations promulgated pursuant thereto\nshall not apply to a school district within a city with a population of\none million or more.\n  (b) The commissioner, in cooperation with the division of criminal\njustice services, shall promulgate a form to be provided to all such\nprospective employees of school districts, charter schools, boards of\ncooperative educational services, and nonpublic and private elementary\nand secondary schools that elect to fingerprint and seek clearance for\nprospective employees that shall:\n  (i) inform the prospective employee that the commissioner is required\nor authorized to request his or her criminal history information from\nthe division of criminal justice services and the federal bureau of\ninvestigation and review such information pursuant to this section, and\nprovide a description of the manner in which his or her fingerprint\ncards will be used upon submission to the division of criminal justice\nservices;\n  (ii) inform the prospective employee that he or she has the right to\nobtain, review and seek correction of his or her criminal history\ninformation pursuant to regulations and procedures established by the\ndivision of criminal justice services.\n  (c) The prospective employer shall obtain the signed, informed consent\nof the prospective employee on such form supplied by the commissioner\nwhich indicates that such person has:\n  (i) been informed of the right and procedures necessary to obtain,\nreview and seek correction of his or her criminal history information;\n  (ii) been informed of the reason for the request for his or her\ncriminal history information;\n  (iii) consented to such request for a report;\n  (iv) supplied on the form a current mailing or home address for the\nprospective employee;\n  (v) been informed that he or she may withdraw his or her application\nfor employment pursuant to this section, without prejudice, at any time\nbefore employment is offered or declined, regardless of whether the\nprospective employee or employer has reviewed such prospective\nemployee's criminal history information;\n  (vi) where the applicant is to be fingerprinted pursuant to section\nthree thousand thirty-five of this chapter, the process for seeking a\nwaiver of the fees associated with conducting a criminal history records\ncheck, pursuant to paragraph (b) of subdivision four of section three\nthousand thirty-five of this chapter,\n  (vii) been informed that in the event his or her employment is\nterminated and such person has not become employed in the same or\nanother school district, charter school, board of cooperative\neducational services, or nonpublic or private elementary or secondary\nschool within twelve-months of such termination, the commissioner shall\nnotify the division of criminal justice services of such termination,\nand the division of criminal justice services shall destroy the\nfingerprints of such person. Such person may request that the\ncommissioner notify the division of criminal justice services that his\nor her fingerprints shall be destroyed prior to the expiration of such\ntwelve month period in which case the commissioner shall notify the\ndivision of criminal justice services and the division shall destroy the\nfingerprints of such person promptly upon receipt of the request; and\n  (viii) been informed of the manner in which he or she may submit to\nthe commissioner any information that may be relevant to the\nconsideration of his or her application for clearance including, where\napplicable, information in regard to his or her good conduct and\nrehabilitation.\n  (d) The commissioner shall develop forms to be provided to all school\ndistricts, charter schools, boards of cooperative educational services,\nand to all nonpublic and private elementary and secondary schools that\nelect to fingerprint their prospective employees, to be completed and\nsigned by prospective employees when conditional appointment or\nemergency conditional appointment is offered.\n  (e) The commissioner may promulgate rules and regulations regarding\nthe conditional appointment and emergency conditional appointment of a\nprospective employee.\n  * 31. The commissioner shall direct that each school district, charter\nschool, and private elementary and secondary school appoint a designated\neducational official for the purposes set forth in section 380.90 of the\ncriminal procedure law, subdivision seventeen of section 301.2 and\nsubdivision three of section 380.1 of the family court act. In addition,\nthe commissioner shall promulgate rules and regulations, in consultation\nwith the office of court administration, to facilitate electronic access\nby the courts to the names and addresses of such designated educational\nofficials.\n  * NB There are 2 sub 31's\n  * 31. The commissioner shall cooperate with the commissioner of\nagriculture and markets in establishing a farm-to-school program and\ncoordinating New York Harvest For New York Kids Week as described in\nsubdivision five-b of section sixteen of the agriculture and markets\nlaw. The commissioner's responsibilities shall include, but not be\nlimited to, compiling information for the department of agriculture and\nmarkets from school districts and other educational institutions under\nthe department's jurisdiction interested in purchasing New York farm\nproducts and disseminating to those districts and institutions\ninformation from the department of agriculture and markets about the\navailability of New York farm products, and contact information for\nfarmers and other businesses marketing such products. The commissioner\nshall report to the legislature about the need for changes in law to\nfacilitate the purchase of such products by schools and other\ninstitutions.\n  * NB There are 2 sub 31's\n  34. The commissioner is hereby authorized and directed to apply school\nbus safety practices instruction and retraining requirements prescribed\npursuant to the provisions of section thirty-six hundred twenty-four of\nthis chapter to drivers who operate transportation which is owned,\nleased or contracted for by private and parochial schools to the same\nextent as such requirements shall apply to drivers who operate\ntransportation which is owned, leased or contracted for by public school\ndistricts. The chief school administrator of every private and parochial\nschool shall approve the employment of each driver for each school bus\noperated for such private or parochial school and shall ensure that each\nsuch driver shall meet the school bus safety practices instruction and\nretraining requirements prescribed pursuant to section thirty-six\nhundred twenty-four of this chapter. Nothing in this subdivision shall\nbe construed to apply such provisions to volunteer drivers who transport\npupils on other than a regularly established route on an occasional\nbasis.\n  * 35. The commissioner shall develop guidelines by which school\ndistricts may establish a program to make available to parents or\npersons in parental relation of children attending schools in such\ndistricts, an internet based electronic communications system to provide\nfor the transmission of individual personalized messages or group\ncommunication over the internet, to communicate with the teachers of\nsuch children.\n  * NB There are 2 sb 35's\n  * 35. The commissioner shall, in cooperation with the commissioner of\nmental health, develop guidelines for voluntary implementation by school\ndistricts, that incorporate social and emotional development into\nelementary and secondary school educational programs as prescribed in\nparagraph (b) of subdivision one of section three of the children's\nmental health act of 2006.\n  * NB There are 2 sb 35's\n  36. The commissioner shall ensure that by July first, two thousand\neight, a student progress report, written in plain English and in a form\nprescribed by the commissioner, is prepared for all students. Such\nprogress report shall provide parents or persons in parental relation\nwith information on their child's performance on state assessments over\nmultiple years of testing and shall also explain the process by which\nparents or persons in parental relation may inquire further about their\nchild's progress. All school districts and charter schools shall prepare\nand disseminate the student progress report to parents or persons in\nparental relation in a timely manner.\n  37. The commissioner shall develop methods to support educators in the\nuse of performance data to assist in student learning, which shall be\nperiodically improved based on feedback from educators.\n  38. The commissioner shall develop informational materials to assist\nparents or persons in parental relation and teachers in understanding\nthe regents learning standards and the results of state assessments.\n  39. The commissioner shall develop a school leadership report card and\na separate school progress report card to assist boards of education,\nthe state and the public in assessing the performance of school leaders,\nincluding superintendents of schools and building principals, and the\nschools that they lead. The report cards shall include an assessment of\nthe school's progress in achieving standards of excellence. By January\nfirst, two thousand nine, the commissioner shall develop such standards\nof excellence which shall include, but not be limited to, parent\ninvolvement, curriculum, teacher quality, and accountability measures as\nset forth in section two hundred eleven-a of this title. The\ncommissioner shall promulgate regulations requiring the trustees or\nboards of education of every common, union free, central, central high\nschool and city school district, and the chancellor of a city school\ndistrict in a city of one million or more inhabitants, to attach copies\nof such report cards to the statement of estimated expenditures pursuant\nto section sixteen hundred eight or seventeen hundred sixteen of this\nchapter, where applicable, and to otherwise make the report cards\npublicly available in the same manner as a school district report card.\n  40. The board of regents shall explore the development of a\nprekindergarten through postsecondary (P-16) data system that tracks\nstudent performance from prekindergarten through attendance at public\ncolleges in this state and links students to teachers or instructors.\nThe commissioner shall consult with other relevant state departments,\nagencies and instrumentalities of the state about the feasibility of\nlinking the system to other data collection systems containing\ninformation relevant to the education of children, including but not\nlimited to social services information; and to identify barriers to the\nexchange of data between the P-16 system and social services and other\nsystems under their control and collaborate to facilitate the free\nexchange of data. Such data system shall be maintained consistent with\napplicable confidentiality requirements, so as to prevent disclosures\nthat would constitute an unwarranted invasion of personal privacy. The\ncommissioner shall report to the board of regents on activities\nconducted pursuant to this subdivision.\n  41. The commissioner shall establish a program to evaluate various\nmethods used by schools to identify students receiving a free or reduced\nprice meal under programs authorized by the National School Lunch Act,\nas amended, or the Child Nutrition Act of 1966, as amended. The\ncommissioner shall identify methodologies and practices utilized by\nschools and school districts, within the state and nationally, to:\n  a. simplify student access to meal programs; and\n  b. identify students through an electronic payment system, or through\nother means, in order to eliminate the overt identification of students\nreceiving a free or reduced price meal.\nOn or before July first, two thousand nine, the commissioner shall\ndisseminate detailed information on the best practices utilized by such\nschools and school districts which simplify access and eliminate the\ndistinction between students receiving a free or reduced price meal and\nthose paying full price so as to more effectively operate the program.\nThe commissioner shall also submit a report containing such information\nto the legislature on or before such date.\n  42. a. The commissioner, in conjunction with the commissioner of\nhealth, shall promulgate and review as necessary rules and regulations\nrelating to pupils who suffer mild traumatic brain injuries, also\nreferred to as a "concussion," while receiving instruction or engaging\nin any school sponsored or related activity. In developing such rules\nand regulations, the commissioner shall consider comments from\nstakeholders and other interested parties including but not limited to\nparents, teachers, students, school administrators, school athletic\ntrainers, sport coaches, medical and health professionals, the public\nschools athletic league (PSAL), the New York state public high school\nathletic association (NYSPHSAA), and other athletic associations. Such\nregulations shall include, but not be limited to:\n  (i) requiring a course of instruction relating to recognizing the\nsymptoms of mild traumatic brain injuries and monitoring and seeking\nproper medical treatment for pupils who suffer mild traumatic brain\ninjuries. Such course of instruction shall be required to be completed\non a biennial basis by all school coaches, physical education teachers,\nnurses and athletic trainers. The course of instruction required by this\nsubparagraph shall include, but not be limited to, the definition of a\n"concussion," signs and symptoms of mild traumatic brain injuries, how\nsuch injuries may occur, practices regarding prevention, and the\nguidelines for the return to school and to certain school activities\nafter a pupil has suffered a mild traumatic brain injury regardless of\nwhether such injury occurred outside of school. Such training may be\ncompleted by means of courses of instruction, including but not limited\nto, courses provided online and by teleconference approved by the\ndepartment;\n  (ii) providing that the department and the department of health shall\npost on their internet websites information relating to mild traumatic\nbrain injuries, which shall include but not be limited to, the\ndefinition of a "concussion," signs and symptoms of mild traumatic brain\ninjuries, how such injuries may occur, and the guidelines for the return\nto school and to certain school activities after a pupil has suffered a\nmild traumatic brain injury regardless of whether such injury occurred\noutside of school. Schools shall be required to include such information\nin any permission form or parent or person in parental relation consent\nform or similar document that may be required for a pupil's\nparticipation in interscholastic sports and shall also include such\ninformation, or reference how to obtain such information from the\ndepartment and the department of health internet websites, on the\nschool's internet website, if one exists;\n  * (iii) requiring the immediate removal from athletic activities of\nany pupil believed to have sustained or who has sustained a mild\ntraumatic brain injury. In the event that there is any doubt as to\nwhether a pupil has sustained a concussion, it shall be presumed that he\nor she has been so injured until proven otherwise. No such pupil shall\nresume athletic activity until he or she shall have been symptom free\nfor not less than twenty-four hours, and has been evaluated by and\nreceived written and signed authorization from a licensed physician.\nSuch authorization shall be kept on file in the pupil's permanent health\nrecord. Furthermore, such rules and regulations shall provide guidelines\nfor limitations and restrictions on school attendance and activities for\npupils who have sustained mild traumatic brain injuries, consistent with\nthe directives of the pupil's treating physician.\n  * NB Effective until August 25, 2026\n  * (iii) requiring the immediate removal from athletic activities of\nany pupil believed to have sustained or who has sustained a mild\ntraumatic brain injury. In the event that there is any doubt as to\nwhether a pupil has sustained a concussion, it shall be presumed that\nsuch pupil has been so injured until proven otherwise. No such pupil\nshall resume athletic activity until such pupil shall have been symptom\nfree for not less than twenty-four hours, and has been evaluated by and\nreceived written and signed authorization from a licensed physician or a\ncertified nurse practitioner. Such authorization shall be kept on file\nin the pupil's permanent health record. Furthermore, such rules and\nregulations shall provide guidelines for limitations and restrictions on\nschool attendance and activities for pupils who have sustained mild\ntraumatic brain injuries, consistent with the directives of the pupil's\ntreating physician or a nurse practitioner.\n  * NB Effective August 25, 2026\n  (iv) authorizing each school or school district, in its discretion, to\nestablish a concussion management team which may be composed of the\nathletic director (if any), a school nurse, the school physician, a\ncoach of an interscholastic team, an athletic trainer or such other\nappropriate personnel as designated by the school or school district.\nThe concussion management team shall oversee the implementation of the\nrules and regulations promulgated pursuant to this subdivision as it\npertains to their associated school including the requirement that all\nschool coaches, physical education teachers, nurses and athletic\ntrainers that work with and provide instruction to pupils engaged in\nschool sponsored athletic activities complete training relating to mild\ntraumatic brain injuries. Furthermore, every concussion management team\nmay establish and implement a program which provides information on mild\ntraumatic brain injuries to parents and persons in parental relation\nthroughout each school year.\n  b. The rules and regulations established pursuant to this subdivision\nshall be deemed to be the minimum standards that must be complied with\nby every public school and nonpublic school relating to mild traumatic\nbrain injuries. Nothing in this subdivision shall prohibit any public\nschool or nonpublic school from adopting and implementing more stringent\nstandards.\n  43. The commissioner shall make available, on the department internet\nwebsite, materials on problem gambling among school-age youth identified\nor developed by the office of alcoholism and substance abuse services in\nconsultation with the department, pursuant to subdivision (j) of section\n19.07 of the mental hygiene law.\n  44. The commissioner shall prohibit the administration of traditional\nstandardized tests, as defined in regulations issued by the\ncommissioner, in pre-kindergarten programs and in grades kindergarten\nthrough second grade; provided, however, that nothing herein shall\nprohibit assessments in which students perform real-world tasks that\ndemonstrate application of knowledge and skills or assessments that are\notherwise required to be administered by federal law.\n  45. The commissioner shall provide that no school district or board of\ncooperative educational services may place or include on a student's\nofficial transcript or maintain in a student's permanent record any\nindividual student score on a state administered standardized English\nlanguage arts or mathematics assessment for grades three through eight,\nprovided that nothing herein shall be construed to interfere with\nrequired state or federal reporting or to excuse a school district from\nmaintaining or transferring records of such test scores separately from\na student's permanent record, including for purposes of required state\nor federal reporting.\n  46. The commissioner shall provide that any test results on a state\nadministered standardized English language arts or mathematics\nassessment for grades three through eight sent to parents or persons in\nparental relation to a student include a clear and conspicuous notice\nthat such results will not be included on the student's official\ntranscript or in the student's permanent record and are being provided\nto the student and parents for diagnostic purposes.\n  47. The commissioner shall provide that no school district shall make\nany student promotion or placement decisions based solely or primarily\non student performance on the state administered standardized English\nlanguage arts and mathematics assessments for grades three through\neight. However, a school district may consider student performance on\nsuch state assessments provided that the school district uses multiple\nmeasures in addition to such assessments and that such assessments do\nnot constitute the major factor in such determinations. In addition, the\ncommissioner shall require every school district to annually notify the\nparents and persons in parental relation to the students attending such\ndistrict of the district's grade promotion and placement policy along\nwith an explanation of how such policy was developed. Such notification\nmay be provided on the school district's website, if one exists, or as\npart of an existing informational document that is provided to parents\nand persons in parental relation.\n  * 48. The commissioner shall issue regulations:\n  a. allowing students with disabilities who are not eligible for the\nNew York state alternate assessment and whose cognitive and intellectual\ndisabilities preclude their meaningful participation in chronological\ngrade level instruction to be assessed based on instructional level\nrather than chronological age;\n  b. allowing English language learners to be assessed with a\nstate-administered assessment that measures the English language\ndevelopment of such students rather than the English language arts exam\nfor their first two years of enrollment; and\n  c. ensuring accountability for the performance of such students in\nappropriate ways.\n  * NB Effective upon and to the extent allowed by a federal waiver\nissued by the U.S. department of education\n  49. The commissioner shall promulgate such standards and regulations\nas may be necessary to ensure:\n  a. that the amount of time devoted to state-administered required\nassessments developed by the state directly or by contract for each\ngrade does not exceed, in the aggregate, one percent of the minimum\nrequired annual instructional hours for such grade.\n  b. that, for each school district, the amount of time devoted to\nstandardized assessments that are not specifically required by state or\nfederal law for each grade does not exceed, in the aggregate, one\npercent of the minimum required annual instructional hours for such\ngrade.\n  c. that, for each school district, the amount of time devoted to test\npreparation under standardized testing conditions for each grade does\nnot exceed, in the aggregate, two percent of the minimum required annual\ninstructional hours for such grade.\n  Time devoted to teacher administered classroom quizzes or exams,\nportfolio reviews, or performance assessments shall not be counted\ntowards the limits established by this subdivision. In addition, nothing\nin this subdivision shall be construed to supersede the requirements of\na section of the 504 plan of a qualified student with a disability or\nfederal law relating to English Language Learners or the individualized\neducation program of a student with disabilities.\n  50. The commissioner shall provide instructional tools and outreach\nmaterials for parents and families to assist parents and families in\nunderstanding the purposes, elements and instructional changes relating\nto implementation of next generation learning standards as well as how\nto best support their child's educational progress and outcomes. Such\ntools and outreach shall include, but not be limited to, online\nresources with linguistically and culturally appropriate materials,\ncommunity outreach, and the dissemination of materials through schools,\nnon-profit organizations, libraries, and other partners.\n  51. The commissioner shall, in order to assist school districts and\nboards of cooperative educational services in developing next generation\ntraining programs for teachers and principals, develop professional\ndevelopment tools, resources and materials that school districts, boards\nof cooperative educational services, teachers and principals may\nutilize. The commissioner may collaborate with the state university of\nNew York, the city university of New York, and independent colleges and\nuniversities to offer effective, data-informed professional development\nand coaching to meet the needs of implementing the next generation\nlearning standards. Such professional development and coaching shall\ninclude necessary materials, age appropriate instruction and resources\nthat provide best practices for the effective implementation of the next\ngeneration learning standards. Such support shall be available for the\npurpose of providing professional development for teachers and\nprincipals, as well as preparation programs for participating school\ndistricts, boards of cooperative educational services, charter schools\nand communities at large, and may include recommendations for how\nteachers and principals can collaborate on strategies, including but not\nlimited to study groups and coaching, to improve classroom practices.\nThe commissioner shall also identify regional examples of school\ndistricts that have successfully implemented the next generation\nlearning standards, where such examples exist, and shall invite such\ndistricts to serve on a voluntary basis as models that principals,\nteachers and other school professionals within the region may visit and\nobserve. In addition, the commissioner shall include opportunities for\nteachers and other content-area experts to provide feedback and\nrecommendations for the continuous improvement and development of\nvoluntary next generation curriculum modules offered by the department.\n  51-a. On or before June first, two thousand fifteen, and each year\nthereafter, the commissioner shall release the test questions, test\nanswers, and corresponding correct answers from each of the most\nrecently administered English language arts and mathematics examinations\nin grades three through eight of that year. The commissioner may limit\nthe number of questions and answers released only to the extent\nnecessary to avoid hindering or impairing the validity and/or\nreliability of future examinations and must provide enough of an\noverview of each examination so that teachers, administrators,\nprincipals, parents and students can be provided with sufficient\nfeedback on the types of questions administered and, by July first, two\nthousand fifteen, and each year thereafter, the commissioner shall\nrelease the general student success rate in answering such questions\ncorrectly.\n  52. a. The commissioner shall make recommendations to the board of\nregents relating to the adoption of instruction in cardiopulmonary\nresuscitation and the use of automated external defibrillators (AEDs) in\nsenior high schools.\n  b. Prior to making the recommendations to the board of regents, the\ncommissioner shall:\n  (i) seek the recommendations of teachers, school administrators,\nteacher educators and others with educational expertise in the proposed\ncurriculum;\n  (ii) seek comment from parents, students and other interested parties;\n  (iii) consider the amount of instructional time such curriculum will\nrequire and whether such time would detract from other mandated courses\nof study;\n  (iv) consider the fiscal impact, if any, on the state and school\ndistricts; and\n  (v) consider any additional factors the commissioner deems relevant.\n  c. No later than one hundred eighty days after the effective date of\nthis subdivision, the commissioner shall provide a recommendation to the\nboard of regents to either adopt and promulgate appropriate rules and\nregulations implementing such curriculum or reject the implementation of\nsuch curriculum. Upon receiving a recommendation from the commissioner,\npursuant to this subdivision, the board of regents shall vote to either\naccept or reject the commissioner's recommendation no later than sixty\ndays after receiving such recommendation.\n  d. If the board of regents adopts such curriculum, the curriculum\nrequirement shall take effect no later than the next school year after\nsuch curriculum has been adopted.\n  e. If the board of regents rejects such curriculum, the commissioner\nshall provide a report as to the determination of the board to the\ngovernor, the temporary president of the senate, the speaker of the\nassembly and the chairs of the senate and assembly committees on\neducation providing the reasons for such rejection not later than thirty\ndays after the board of regents rejects such curriculum.\n  53. The commissioner is authorized and directed to establish a content\nreview committee for the purposes of reviewing all standardized test\nitems and/or selected passages used on English language arts and\nmathematics state assessments for grades three through eight to ensure:\n(a) they are grade level appropriate, in general; (b) they are presented\nat a readability level that is grade-level appropriate; (c) they are\nwithin grade-level expectations; and (d) they appropriately measure the\nlearning standards approved by the board of regents applicable to such\nsubject and/or grade level. The review of such items and passages shall\nbe conducted prior to their use in such assessments provided however,\nfor the two thousand fifteen--two thousand sixteen school year only, if\nsuch requirement would prevent the ability of such assessments to be\nadministered, then items or passages that have not been reviewed may be\nused. Provided further, the content review committee shall review any\nnew standardized test items and/or selected passages prior to their use\nin such assessments. Such committee shall also ensure that any new test\nitems and/or selected passages are fair and appropriately measure the\nlearning standards approved by the board of regents applicable to such\nsubject and/or grade level. Such committee shall also ensure that\nadequate and appropriate time is given to students for the\nadministration of such assessments, provided however that subdivision\nforty-nine of this section must be complied with. The content review\ncommittee shall include classroom teachers and experienced educators in\nthe content area and/or grade level of the items/passages being\nreviewed, including teachers of students with disabilities and English\nlanguage learners.\n  54. Notwithstanding any law, rule or regulation to the contrary, no\nteacher, principal, or superintendent shall be required to sign a\nconfidentiality agreement with their respective school district, board\nof cooperative educational services, or the department that prevents\nsuch teacher, principal, or superintendent from discussing the contents\nof any items on the English language arts and mathematics assessments in\ngrades three through eight after such items have been released by the\ndepartment pursuant to subdivision fifty-one-a of this section or after\nsuch items have been publicly disclosed by the department or other\nappropriate entity. The commissioner shall amend and/or modify any\ncurrent confidentiality agreement inconsistent with this subdivision and\nshall promulgate regulations consistent with this subdivision.\n  55. The commissioner, in collaboration with the commissioner of health\nand the commissioner of environmental conservation shall develop\ninstructional tools and materials for school districts and libraries to\nassist in the education and awareness program to protect children from\nlyme disease and tick-borne infections. Resources and materials shall be\nage-appropriate for school-age students and provide information on the\nidentification of ticks, recommended procedures for safe tick removal\nand best practices to provide protection from ticks. Such materials may\ninclude but not be limited to video productions, pamphlets, and\ndemonstration programs to illustrate the various sizes of ticks before\nand after it has engorged to assist with the identification of a tick\nand the reaction on the skin that may occur as a result of a tick bite.\nMaterials and instructional tools to advance and promote education\nawareness on tick identification and protection shall be made available\nto school districts and libraries upon request at no charge.\n  * 56. The commissioner shall issue a guidance memorandum in\ncooperation with stakeholders and other interested parties, to every\nschool district and board of cooperative educational services to inform\nthem of the unique educational needs of students with dyslexia,\ndyscalculia and dysgraphia and to clarify that school districts may\nreference or use the terms dyslexia, dyscalculia, and dysgraphia in\nevaluations, eligibility determinations, or in developing an\nindividualized education program (IEP) under the Individuals with\nDisabilities Education Act (IDEA) pursuant to part 300 of title 34 of\nthe code of federal regulations, as such regulations may, from time to\ntime, be amended.\n  * NB There are 4 sb 56's\n  * 56. The commissioner, in consultation and cooperation with the\ncommissioner of agriculture and markets, may develop guidelines to\nencourage school districts and institutions of higher education to\ndonate excess, unused, edible food from meals served at such educational\nfacilities to local voluntary food assistance programs including, but\nnot limited to, community food pantries, soup kitchens, and other\ncommunity and not-for-profit organizations that distribute food to the\npoor and disadvantaged. Such guidelines developed concerning donated\nfood shall comply with all federal, state and local public health laws,\nrules and regulations that govern food safety and food donation.\n  Such guidelines may include, but not be limited to:\n  a. a procedure to provide information to school districts,\ninstitutions of higher education and local voluntary food assistance\nprograms of the provisions of such guidelines;\n  b. notification to educational institutions of their ability to elect\nto donate excess, unused, edible food to local voluntary food assistance\nprograms; and\n  c. information and technical assistance on how school districts and\ninstitutions of higher education may best donate excess food in a safe\nand sanitary manner.\n  The commissioner shall coordinate the implementation of such\nguidelines with the farm-to-school program established pursuant to\nsubdivision five-b of section sixteen of the agriculture and markets\nlaw.\n  * NB There are 4 sb 56's\n  * 56. a. The commissioner shall consult and collaborate with the\ncommissioner of health and organizations that promote sepsis awareness,\nprevention and education, as well as other interested parties, to\nestablish and develop a sepsis awareness, prevention and education\nprogram within the department. Such program shall be defined by the\ncommissioner in regulations after consultation with the department of\nhealth and be designed to educate students, parents and school personnel\nabout sepsis awareness and prevention. Such program shall include, but\nnot be limited to:\n  (i) age-appropriate model curriculum, exemplar lesson plans, and best\npractice instructional resources for students, parents and school\npersonnel designed to promote awareness and prevention methods against\nsepsis. Such model curriculum, lesson plans and instructional resources\nshall include but not be limited to guidelines and methods of\nprevention, including recommendations for the reduction of exposure to\nsepsis and an appropriate course of action for sepsis treatment;\n  (ii) instructional tools and materials for students, parents and\nschool personnel developed in collaboration with the commissioner of\nhealth, which shall include updated data and information on sepsis\nawareness and prevention, with a review of such data and information to\noccur periodically, at intervals deemed appropriate by the commissioner\nand the commissioner of health; and\n  (iii) public availability of all materials related to the sepsis\nawareness, prevention and education program on a dedicated webpage on\nthe department's internet website, and provided at no cost to every\nschool district, board of cooperative educational services, charter\nschool and nonpublic school upon request.\n  b. The commissioner shall issue a guidance memorandum to every school\ndistrict, board of cooperative educational services, charter school and\nnonpublic school, to inform them of the availability of the sepsis\nawareness, prevention and education program and to encourage them to\ndevelop policies and procedures, in consultation with their director of\nschool health services, or the substantial equivalent as determined by\nthe commissioner in regulations, regarding when parents and persons in\nparental relations are to be notified of illness or injuries occurring\nin school which affects their child, in accordance with article nineteen\nof this chapter. The commissioner shall annually remind school\ndistricts, boards of cooperative educational services, charter schools\nand nonpublic schools, of the availability of sepsis awareness and\nprevention materials as part of sepsis awareness month.\n  * NB There are 4 sb 56's\n  * 56. The commissioner shall provide to the council on children and\nfamilies, in a format identified by the council, information regarding\nall recipients of grants awarded or administered by the department for\nthe purposes of providing afterschool programs, or extended learning\ntime, including but not limited to grants for such purposes awarded\nunder section thirty-six hundred forty-one of this chapter. For each\nprogram the program's name, the address at which the program is offered,\nand the phone number for the program will be provided to the council no\nless than once a year.\n  * NB There are 4 sb 56's\n  58. a. No later than June first, two thousand nineteen, the\ncommissioner shall prepare and submit to the governor, the temporary\npresident of the senate and the speaker of the assembly a report that\nprovides an overview of teacher diversity throughout the state. Such\nreport shall:\n  (i) study the potential barriers to: achieving diversity within\nteacher preparation programs; obtaining an initial certificate in the\nclassroom teaching service; and obtaining teacher certification as a\nteacher aide or teaching assistant;\n  (ii) include available data on race, ethnicity, gender, and age; the\nefforts higher education institutions with teacher preparation programs\nare taking to recruit and retain a diverse student population into such\nprograms; and the efforts that the state and schools are taking to\nattract, hire, and retain certified teachers who reflect the diversity\nwithin New York state's schools; and\n  (iii) make recommendations on programs, practices and policies that\nmay be implemented by schools and teacher preparation programs to\nimprove teacher diversity throughout the state.\n  b. The commissioner shall consult with stakeholders and other\ninterested parties when preparing such report. The state university of\nNew York, the city university of New York, the commission on independent\ncolleges and universities, and the proprietary college sector with\nregistered teacher education programs in this state shall, to the extent\npracticable, identify and provide representatives to the department, at\nthe request of the commissioner, in order to participate in the\ndevelopment and drafting of such report.\n  59. The commissioner shall make available educational materials\ndeveloped pursuant to subdivision two of section three hundred seventy-c\nof the social services law to every school district, charter school,\nnonpublic school, approved preschool, approved preschool special\neducation program, approved private residential or non-residential\nschool for the education of students with disabilities, state-supported\nschool in accordance with article eighty-five of this chapter, and board\nof cooperative educational services for the purpose of educating\nparents, guardians and other authorized individuals responsible for the\nchild's care about adverse childhood experiences, the importance of\nprotective factors, and the availability of services for children at\nrisk for or experiencing adverse childhood experiences. The commissioner\nshall provide that such educational materials are made available online\npursuant to subdivision two of section three hundred seventy-c of the\nsocial services law.\n  * 60. The commissioner, in consultation with institutions of higher\neducation, shall issue guidance for school districts and boards of\ncooperative educational services to use to develop grow your own\ninitiatives aimed at attracting underrepresented candidates into the\nteaching profession. Such guidance shall include but not be limited to:\n  (a) ways to recruit underrepresented candidates, including those who\nare current teaching assistants and current students in teacher\npreparation programs;\n  (b) initiatives aimed at creating an early recruitment pipeline\nbeginning in secondary school;\n  (c) how to establish partnerships between school districts,\ncommunity-based organizations, and institutions of higher education to\nencourage and support underrepresented candidates to enter and remain in\nthe teaching profession; and\n  (d) ways to identify existing funding sources available to school\ndistricts to attract and retain underrepresented candidates into the\nteaching profession.\n  * NB There are 2 sb 60's\n  * 60. The commissioner shall promulgate rules and regulations\nprohibiting a teacher, administrator, officer, employee or agent of any\nschool within the state from using corporal punishment.\n  * NB There are 2 sb 60's\n  61. a. The commissioner shall require each school district to ensure\nverification of one of the following from the parent or guardian of each\nstudent or from the student if the student is eighteen years of age or\nolder or legally emancipated, during the school year in which the\nstudent is a senior enrolled in such school district: (1) completion of\neither the free application for federal student aid for such student or,\nif applicable, the Jose Peralta New York State DREAM Act application; or\n(2) completion of a waiver form promulgated by the department indicating\nthat the parent or guardian or, if the student is eighteen years of age\nor older or legally emancipated, the student understands what the free\napplication for federal student aid or, if applicable, the Jose Peralta\nNew York State DREAM Act application are and has chosen not to file an\napplication pursuant to the provisions of subparagraph one of this\nparagraph. For purposes of this subdivision, verification of completion\nof either the free application for federal student aid or the Jose\nPeralta New York State DREAM Act application shall not require a parent,\nguardian, or student to identify which type of application was\ncompleted.\n  b. On and after July first, two thousand twenty-five, each school\ndistrict shall annually report to the department the following data for\nall seniors enrolled in such school district, aggregated by high school:\n(1) the total number of students that have completed either the free\napplication for federal student aid or, if applicable, the Jose Peralta\nNew York State DREAM Act application; (2) the number of students who\ncompleted a waiver pursuant to paragraph a of this subdivision; and (3)\nthe total number of seniors enrolled.\n  c. The commissioner shall promulgate rules and regulations necessary\nto implement this subdivision, including requiring each school district\nto notify each high school senior, no less than two times during each\nschool year, of the state-sponsored scholarships, financial aid and\nassistance available to students attending college or post-secondary\neducation, and to provide referrals for support or assistance to\ncomplete the free application for federal student aid or, if applicable,\nthe Jose Peralta New York State DREAM Act application.\n  d. A student shall not be penalized or punished if the student's\nparent or guardian or the student, if the student is eighteen years of\nage or older or legally emancipated, does not fulfill the requirements\nof this subdivision and this subdivision shall not affect a student's\nability to graduate.\n  * 62. a. The commissioner shall promulgate rules and regulations to\nestablish uniform statewide protocols for diapering and toileting of\nstudents in public schools. Such protocols shall include but not be\nlimited to: requiring schools to provide students and staff with safe\nand accessible facilities for diapering and toileting; requiring schools\nto provide the proper equipment and supplies to maintain a safe and\nsanitary area for diapering and toileting; and defining basic procedures\nto promote a safe and healthy environment.\n  b. For the purposes of this subdivision, "school" shall be deemed to\ninclude a school district, public school, board of cooperative\neducational services, special act school district as defined in section\nfour thousand one of this chapter, approved private residential or\nnon-residential school for the education of students with disabilities\nincluding private schools established under chapter eight hundred\nfifty-three of the laws of nineteen hundred seventy-six, and a\nstate-supported school in accordance with article eighty-five of this\nchapter.\n  * NB Effective March 27, 2026\n
N.Y. EDN Law § 384 — New York Code / Act EDN / Title 1 / Article 8-A / Section 384
Inconsistent provisions of other acts superseded
Status: in_force

§ 384. Inconsistent provisions of other acts superseded.  Insofar as\nthe provisions of this article are inconsistent with the provisions of\nany other act, general or special, the provisions of this article shall\nbe controlling.\n
N.Y. EDN Law § 344 — New York Code / Act EDN / Title 1 / Article 7-A / Section 344
Disclosure of test scores
Status: in_force

§ 344. Disclosure of test scores.  The score of any test subject shall\nnot be released or disclosed by the test agency to any person,\norganization, corporation, association, college, university, or\ngovernmental agency or subdivision unless specifically authorized by the\ntest subject.  A test agency may, however, release all scores received\nby a test subject on a test to anyone designated by the test subject to\nreceive the current score.\n  This section shall not be construed to prohibit release of scores and\nother information in the possession of a test agency for purposes of\nresearch leading to studies and reports concerning the tests themselves.\nSuch studies and reports must contain no information identifiable with\nany individual test subject or user institution unless authorized by\nthat individual or institution.\n
N.Y. ELN Law § 14-126 — New York Code / Act ELN / Article 14 / Title 1 / Section 14-126
Violations; penalties
Status: in_force

§ 14-126. Violations; penalties. 1. (a) Any person who fails to file a\nstatement required to be filed by this article shall be subject to a\ncivil penalty, not in excess of one thousand dollars, to be recoverable\nin a special proceeding or civil action to be brought by the chief\nenforcement counsel pursuant to section 16-114 of this chapter. Any\nperson who, three or more times within a given election cycle for such\nterm of office, fails to file a statement or statements required to be\nfiled by this article, shall be subject to a civil penalty, not in\nexcess of ten thousand dollars, to be recoverable as provided for in\nthis subdivision.\n  (b) All payments received by the state board of elections pursuant to\nthis section shall be retained in the appropriate accounts as designated\nby the division of the budget for enforcement activities by the board of\nelections.\n  2. Any person who, acting as or on behalf of a candidate or political\ncommittee, under circumstances evincing an intent to violate such law,\nunlawfully accepts a contribution in excess of a contribution limitation\nestablished in this article, shall be required to refund such excess\namount and shall be subject to a civil penalty equal to the excess\namount plus a fine of up to ten thousand dollars, to be recoverable in a\nspecial proceeding or civil action to be brought by the state board of\nelections chief enforcement counsel.\n  3. Any person who falsely identifies or knowingly fails to identify\nany independent expenditure as required by subdivision two of section\n14-107 of this article or any political communication as required in\nsection 14-106 of this article shall be subject to a civil penalty up to\none thousand dollars or up to the cost of the communication, whichever\nis greater, in a special proceeding or civil action brought by the state\nboard of elections chief enforcement counsel pursuant to paragraph (a)\nof subdivision five of section 3-104 of this chapter. For purposes of\nthis subdivision, the term "person" shall mean a person, group of\npersons, corporation, unincorporated business entity, labor organization\nor business, trade or professional association or organization or\npolitical committee.\n  3-a. Any person who, acting as or on behalf of an independent\nexpenditure committee or a political action committee, knowingly and\nwillfully violates the provisions of section 14-107-a of this article\nshall be subject to a civil penalty, up to one thousand dollars or up to\nthe cost of the communication, whichever is greater, to be recoverable\nin a special proceeding or civil action to be brought by the state board\nof elections.\n  4. Any person who knowingly and willfully fails to file a statement\nrequired to be filed by this article within ten days after the date\nprovided for filing such statement or any person who knowingly and\nwillfully violates any other provision of this article shall be guilty\nof a misdemeanor.\n  5. Any person who knowingly and willfully contributes, accepts or aids\nor participates in the acceptance of a contribution in an amount\nexceeding an applicable maximum specified in this article shall be\nguilty of a class A misdemeanor.\n  6. Any person who shall, acting on behalf of a candidate or political\ncommittee, knowingly and willfully solicit, organize or coordinate the\nformation of activities of one or more unauthorized committees, make\nexpenditures in connection with the nomination for election or election\nof any candidate, or solicit any person to make any such expenditures,\nfor the purpose of evading the contribution limitations of this article,\nshall be guilty of a class E felony.\n  7. Any online platform that fails to comply with the requirements of\nsection 14-107-b of this article shall be subject to a civil penalty up\nto one thousand dollars for each violation in a special proceeding or\ncivil action brought by the state board of elections chief enforcement\ncounsel pursuant to paragraph (a) of subdivision five of section 3-104\nof this chapter.\n
N.Y. RPT Law § 1402 — New York Code / Act RPT / Article 14 / Title 1 / Section 1402
Village assessment status
Status: in_force

§ 1402. Village assessment status. 1. Assessing unit villages. On or\nbefore the first day of February or such other date as may be applicable\npursuant to section 5-510 of the village law, the village assessors\nshall prepare an assessment roll of the real property within the village\nin the same manner and form as is required by law for the preparation of\na town assessment roll.\n  2. Assessing unit villages utilizing town or county assessment roll.\nThe board of trustees may by resolution authorize the assessors to use\nthe assessment roll of the county or town of the current year as the\nbasis for the village assessment roll so far as practicable. Such\nresolution shall be effective until revoked by subsequent resolution or\nuntil superseded by a local law adopted pursuant to subdivision three of\nthis section. The board of trustees shall forthwith notify the\ncommissioner of the adoption of such resolution and of its revocation.\n  3. Non-assessing unit villages. (a) Any village, except a village\nlocated in two or more towns having different taxable status dates, may\nenact a local law, subject to permissive referendum as provided in\narticle nine of the village law, providing that the village shall cease\nto be an assessing unit and that village taxes shall thereafter be\nlevied on a copy of the part of the town assessment roll, or, if the\nvillage be located in a county having the power to assess real property,\nthe county assessment roll. Within ten days of the adoption of such\nlocal law, the board of trustees of the village shall forward a copy\nthereof to the commissioner. Upon the expiration of thirty days after\nthe adoption of such a local law, or if such local law is submitted for\napproval by the electors, upon approval of such local law, the village\nshall cease to be an assessing unit and the provisions of this title and\nthe village law relative to the making and reviewing of assessments of\nreal property shall thereafter not apply to such village; provided,\nhowever, that if such local law takes effect on or after the taxable\nstatus date of the village and before village taxes are levied on an\nassessment roll based on such taxable status date, the village shall not\ncease to be an assessing unit until after such village taxes are levied.\nWithin five days of the date such a local law takes effect, the board of\ntrustees of the village shall file a copy thereof with the clerk and\nassessor of the town or towns within which such village is located, or\nif the village is located within a county having the power to assess\nreal property, with the clerk and assessor of such county, and at the\nsame time with the commissioner.\n  (b) A local law adopted pursuant to paragraph (a) of this subdivision\nshall remain in full force and effect unless rescinded by a subsequent\nlocal law which shall be subject to the same referendum and notice\nprovisions.\n  (c) Upon receipt of the notice of the enactment of the village local\nlaw as provided in paragraph (a) of this subdivision, the assessor of\nthe applicable town or county shall thereafter annually prepare a copy\nof that part of the final town or county assessment roll applicable to\nthe village, which copy shall conform to the applicable part of the town\nor county assessment roll and assessments made or approved by the\ncommissioner for the village portion of the town or county assessment\nroll pursuant to title two-A and two-B of article four, title two of\narticle five, and article six of this chapter, shall be the assessments\nfor village purposes. The taxable status date of the town or county\nshall control for village purposes. The town or county assessor shall\ndeliver such copy to the board of trustees of the village no later than\nfive days after the completion and filing of the final town or county\nassessment roll. The expense of preparing and furnishing such duplicate\npart of the town or county assessment roll shall be a village charge to\nbe raised and collected as are other village charges. In lieu of the\nduplicate copy of the appropriate part of the town or county assessment\nroll, upon agreement between the town or county assessor and the village\nboard of trustees, the assessor may provide a data file, as that term is\ndefined in section fifteen hundred eighty-one of this chapter, and a\nsummary of the information contained therein, including the number of\nparcels and the total assessed value thereof. Nothing contained herein\nshall relieve the village authorities from full responsibility for\nascertaining whether real property is within the village boundaries.\n  (d) When a village, which has enacted a local law as provided in\nparagraph (a) of this subdivision, is located in two or more towns, the\nvillage board of trustees shall annually secure from the commissioner a\nstatement of the latest state equalization rates established by such\ncommissioner for each town in which such village is partially situated.\nThe state equalization rate to be furnished by the commissioner shall be\nthe rate established by the commissioner for the assessment roll on\nwhich village taxes are to be levied. When no state equalization rate\nhas been established for such roll, the rate to be furnished shall be\nthe rate established for the assessment roll immediately preceding the\nroll on which taxes are to be levied, provided, however, that where a\nchange in the level of assessment has occurred between such preceding\nroll and the roll on which taxes are to be levied, a special\nequalization rate shall be established. In all cases, in any given\nvillage, the state equalization rates or special equalization rates to\nbe furnished by the commissioner to the village shall have the same full\nvalue standard. The board of trustees shall determine the full valuation\nof the real property of each part of the towns included in such village\nby dividing the total assessed valuation of the real property in the\nappropriate part of each town by the state equalization rate established\nfor such town. The village board of trustees shall also determine what\nproportion of the tax to be levied in the village shall be levied upon\neach part of a town included in such village by dividing the sum of the\nfull valuation of taxable real property in the appropriate part of each\ntown by the total full valuation of real property in the village. Such\nproportions shall be expressed to the nearest exact ten thousandths and\nthe village board of trustees of such village shall levy such a\nproportion of any tax to be raised in the village during the current\nfiscal year upon each part of a town included in such village as shall\nhave been determined by the board of trustees. A new proportion shall be\ndetermined for each fiscal year thereafter by the board of trustees in\naccordance with the provisions of this section by the use of the latest\nstate equalization rates. The provisions of this paragraph shall not\napply to a village which has adopted the provisions of section nineteen\nhundred three-a of this chapter.\n  4. Newly incorporated villages. A village which, on or after the first\nday of January, nineteen hundred ninety-five, is incorporated pursuant\nto article two of the village law shall be a non-assessing unit village\nas provided in paragraph (a) of subdivision three of this section. Such\na village may, however, enact a local law, subject to permissive\nreferendum as provided in article nine of the village law, to become an\nassessing unit as prescribed in subdivision one of this section.\nNotwithstanding the foregoing provisions of this subdivision, a village\nincorporated on or after the first day of January, nineteen hundred\nninety-five, which is located in two or more towns having different\ntaxable status dates, shall be an assessing unit as prescribed in\nsubdivision one of this section.\n  5. Coterminous towns-villages. A village which embraces the entire\nterritory of a town and is subject to the provisions of section\n17-1722-a of the village law is not subject to the provisions of this\nsection.\n
N.Y. SOS Law § 375 — New York Code / Act SOS / Article 6 / Title 1 / Section 375
Requirement of certificate or license to board children
Status: in_force

§ 375.  Requirement of certificate or license to board children.\nExcept for relatives within the second degree or third degree of the\nparents of a child or children, relatives within the second degree or\nthird degree of the step-parent of a child or children, legally\nappointed guardians, schools and academies meeting the requirements of\nthe education law as to compulsory education, camps operated for profit\nfor the accommodation of school age children during school vacation\nperiods under permits issued by health officers pursuant to chapter\nseven of the state sanitary code, and persons with whom a child or\nchildren are placed out, no person shall receive, board or keep any\nchild under the age of eighteen years unless certified or licensed to do\nso as provided in this title.\n
N.Y. PBH Law § 1112 — New York Code / Act PBH / Article 11 / Title 1 / Section 1112
Emerging contaminant monitoring
Status: in_force

§ 1112. Emerging contaminant monitoring. 1. Industry and modern\ntechnology have created thousands of new chemicals that would not\notherwise exist in nature. Although some of these chemicals have proven\nbenefits, the effect of many such chemicals on human health is unknown\nor not fully understood. Furthermore, with the advance of science and\ntechnology, public health scientists and experts are able to identify\nnaturally occurring contaminants that pose previously unknown hazards to\nhuman health. Where these chemicals or contaminants, collectively\nreferred to as "emerging contaminants," enter drinking water supplies,\nthey can present unknown but potentially serious risks to public health.\nNew Yorkers served by public water supplies have the right to know when\npotentially hazardous substances contaminate their drinking water and\nthe department must be equipped to monitor and protect the public from\nthese emerging contaminants.\n  2. a. "Emerging contaminants" shall mean any physical, chemical,\nmicrobiological or radiological substance listed as an emerging\ncontaminant pursuant to subdivision three of this section.\n  b. "Notification level" means the concentration level of an emerging\ncontaminant in drinking water that the commissioner has determined,\nbased on available scientific information, warrants public notification\nand may require actions, which may include enhanced monitoring and\nactivities to reduce exposure, pursuant to this section.\n  c. "Covered public water system" shall mean: (i) a public water system\nthat serves at least five service connections used by year-round\nresidents or regularly serves at least twenty-five year-round residents;\nor (ii) a public water system that regularly serves at least twenty-five\nof the same people, four hours or more per day, for four or more days\nper week, for twenty-six or more weeks per year.\n  3. a. The commissioner shall promulgate regulations to identify and\nlist substances as emerging contaminants that meet the following\ncriteria:\n  (i) are not subject to any other substance-specific drinking water\nregulation of the department that establishes a maximum contaminant\nlevel, maximum residual disinfectant level, or action level;\n  (ii) are known or anticipated to occur in public water systems; and\n  (iii) because of their quantity, concentration, or physical, chemical\nor infectious characteristics, may cause physical injury or illness, or\notherwise pose a potential hazard to human health when present in\ndrinking water.\n  b. In determining what substances shall be listed as emerging\ncontaminants the commissioner shall, at a minimum, consider:\n  (i) unregulated contaminants monitored pursuant to the federal Safe\nDrinking Water Act (42 U.S.C. § 300g-1) as amended from time to time;\n  (ii) substances that require regulation or monitoring when present in\ndrinking water in other jurisdictions outside the state of New York;\n  (iii) pesticide chemicals for which the United States environmental\nprotection agency has set human health benchmarks for drinking water;\n  (iv) substances found at sites in remedial programs located inside and\noutside the state of New York, including but not limited to inactive\nhazardous waste sites; and\n  (v) recommendations from the drinking water quality council\nestablished pursuant to section eleven hundred thirteen of this title.\n  c. The commissioner shall, at a minimum, include the following\nchemicals identified as emerging contaminants in the first list of\nemerging contaminants: perfluorononanoic acid (PFNA);\nperfluorohexanesulfonic acid (PFHxS); perfluoroheptanoic acid (PFHpA);\nperfluorobutanesulfonic acid (PFBS); hexafluoropropylene oxide dimer\nacid (HFPO-DA); Perfluorodecanoic acid (PFDA); Perfluorododecanoic acid\n(PFDoA); Perfluorohexanoic acid (PFHxA); Perfluoroundecanoic acid\n(PFUnA); 11-chloroeicosafluoro-3-oxaundecane-1-sulfonic acid\n(11Cl-PF3OUdS); 9-chlorohexadecafluoro-3-oxanonane-1-sulfonic acid\n(9Cl-PF3ONS); 4,8-dioxa-3H-perfluorononanoic acid (ADONA);\nNonafluoro-3,6-dioxaheptanoic acid (NFDHA); Perfluorobutanoic acid\n(PFBA); 1H, 1H, 2H, 2HPerfluorodecane sulfonic acid (8:2FTS);\nPerfluoro(2-ethoxyethane)sulfonic acid (PFEESA);\nPerfluoroheptanesulfonic acid (PFHpS); 1H,1H, 2H, 2H-Perfluorohexane\nsulfonic acid (4:2FTS); Perfluoro-3-methoxypropanoic acid (PFMPA);\nPerfluoro-4-methoxybutanoic acid (PFMBA); 1H,1H, 2H, 2H-Perfluorooctane\nsulfonic acid (6:2FTS); Perfluoropentanoic acid (PFPeA);\nPerfluoropentanesulfonic acid (PFPeS).\n  d. The commissioner shall make regulations to list the following\nadditional substances as emerging contaminants; provided however the\ncommissioner may, upon review and recommendation by the drinking water\nquality council pursuant to section eleven hundred thirteen of this\ntitle determine not to include such chemicals as emerging contaminants\nby January first, two thousand twenty-four: 1,2,3-trichloropropane;\nchloromethane (methylchloride); 1,1-dichloroethane; bromomethane (methyl\nbromide); chlorodifluoromethene (HCFC-22); vanadium; molybdenum; cobalt;\nstrontium; chromium-6; N-ethyl perfluorooctanesulfonamidoacetic acid\n(NEtFOSAA); N-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA);\nPerfluorotetradecanoic acid (PFTA); Perfluorotridecanoic acid (PFTrDA).\nProvided, however, the commissioner may, upon review and recommendation\nby the drinking water quality council, determine not to include such\nchemicals as emerging contaminants: testosterone; and 4-androstene-3,\n17-dione.\n  e. The commissioner shall by regulation remove any substance from the\nlist of emerging contaminants upon adopting a maximum contaminant level\nfor such substance.\n  4. Every covered public water system shall test drinking water for the\npresence of emerging contaminants at least once every three years\npursuant to a schedule determined by the department through regulation.\n  5. Every test conducted in accordance with this section shall be\nconducted by a laboratory certified by the department pursuant to\nsection five hundred two of this chapter. Laboratories shall submit such\nresults electronically to the department, to any other health department\nwith jurisdiction over the covered public water system, and to the\ncovered public water system, in the manner prescribed pursuant to\nsection five hundred two of this chapter.\n  6. The commissioner shall promulgate regulations establishing\nnotification levels for any emerging contaminant listed pursuant to\nsubdivision three of this section. Any notification level established\npursuant to this subdivision shall be equal to or lower than any federal\nlifetime health advisory level established pursuant to the federal Safe\nDrinking Water Act (42 U.S.C. § 300g-1). If no federal lifetime health\nadvisory level has been established, the commissioner shall establish\nnotification levels based upon the available scientific information, and\nmay take into consideration recommendations of the drinking water\nquality council established pursuant to section eleven hundred thirteen\nof this title. Such notification levels shall be made easily accessible\nto the public through a link that is posted on the department's website\nand updated regularly.\n  7. Notwithstanding subdivision three of this section, the commissioner\nmay, by declaration, add any physical, chemical, microbiological or\nradiological substance to the list of emerging contaminants established\npursuant to subdivision three of this section, establish a notification\nlevel, and require testing for such substance, if the commissioner\ndetermines that: (i) such substance poses or has the potential to pose a\nsignificant hazard to human health when present in drinking water; (ii)\nsuch substance was recently detected in a public water system and has\nthe potential to be present in other public water systems; and (iii) it\nappears to be prejudicial to the interests of the people to delay action\nby preparing and filing regulations. The commissioner shall, however,\npromulgate regulations adding such new emerging contaminant or\nestablishing such notification level within one year of such\ndeclaration. Such declaration shall clearly state where and the date by\nwhich such testing must occur. After the commissioner promulgates\nregulations adding such emerging contaminant, such regulations shall\nsupersede the declaration issued pursuant to this subdivision. Until\nsuch notification levels are posted on the department's website pursuant\nto subdivision six of this section, the commissioner shall post the\nnotification levels established by declaration on such website so that\nthey are easily accessible through a link to the public.\n  8. Whenever one or more emerging contaminants is confirmed to be\npresent in drinking water at concentrations at or above a notification\nlevel established pursuant to this section:\n  a. the covered public water system shall notify the department within\ntwenty-four hours;\n  b. the covered public water system shall notify all owners of real\nproperty served by the covered public water system in a time and manner\nto be prescribed by the department, provided that in no event shall\nnotification occur more than ninety days after the presence of an\nemerging contaminant at concentrations at or above a notification level\nestablished pursuant to this section is confirmed;\n  c. the commissioner may directly notify such owners of real property\nif it is determined that the public's interest would be best served by\nsuch notification, or if the commissioner determines that the covered\npublic water system is not acting, or cannot act in a timely manner;\n  d. the commissioner may require that the covered public water system\ntake such actions as may be appropriate to reduce exposure to emerging\ncontaminants. If the commissioner determines that the concentration of\nthe emerging contaminant constitutes an actual or potential threat to\npublic health, based on the best available scientific information, the\ncommissioner shall consult with the commissioner of the department of\nenvironmental conservation regarding any further action that may be\nappropriate, including but not limited to actions pursuant to title\ntwelve of article twenty-seven of the environmental conservation law.\n  9. The commissioner shall work in consultation with the commissioner\nof the department of environmental conservation to develop educational\nmaterials, and may take into consideration recommendations of the\ndrinking water quality council established pursuant to section eleven\nhundred thirteen of this title. Such educational materials shall be made\navailable through a link on the department's website that is easily\naccessible to the covered public water system and the general public,\nrelating to methodologies for reducing exposure to emerging contaminants\nand potential actions that may be taken to mitigate or remediate\nemerging contaminants. Such link shall also include information relating\nto notification levels established by declaration pursuant to\nsubdivision seven of this section and by regulation pursuant to\nsubdivision six of this section. The commissioner shall coordinate with\nthe United States Environmental Protection Agency to ensure that the\ninformation available on the EPA's Drinking Water Watch website is\navailable to public water systems and that information available on the\nEPA's Safe Drinking Water Information System is available to the public\nthrough an easily accessible link on the department's website. The\nwebsite and such links shall allow, to the extent practicable, the\npublic to easily access information including but not limited to, basic\nwater system information, including system identification number, name\nand type, department contacts, public notices, violations and\nenforcement actions taken by the state and federal government. The\nwebsite and such links shall be monitored and updated regularly by the\ndepartment. The commissioner shall also provide the covered public water\nsystem with information relating to potential funding sources provided\nby the state and federal government for mitigation or remedial\nactivities, and to reduce the exposure to emerging contaminants.\n  10. Any owner of real property, including any owner's agent, to whom a\ncovered public water system has provided notification of the exceedance\nof a notification level established pursuant to subdivision six of this\nsection, shall take all reasonable and necessary steps to provide,\nwithin ten days, any tenants with copies of the notification provided by\nthe covered public water system.\n  11. The commissioner may promulgate regulations pursuant to which the\ndepartment may provide financial assistance for compliance with the\ntesting requirements of this section, to any covered public water system\nupon a showing that the costs associated with testing drinking water in\ncompliance with this section would impose a financial hardship. Such\nregulations shall, when prioritizing public water systems for\neligibility for financial assistance, incorporate provisions that give\npreference to public water systems serving less than ten thousand\nindividuals.\n  12. The commissioner shall periodically review substances that have\nbeen identified as emerging contaminants pursuant to this section and\ndetermine if the department should establish a maximum contaminant level\nfor the substance. Such review shall occur, at a minimum, once every\nthree years.\n  13. The commissioner shall make draft regulations containing the first\nlist of emerging contaminants within one hundred eighty days of the\neffective date of this subdivision and shall make regulations\nimplementing this subdivision within ninety days thereafter.\n  14. The commissioner shall make regulations updating the list of\nemerging contaminants and their associated notification levels to\nreflect the latest available scientific information at least once every\nthree years. The commissioner shall add new emerging contaminants under\nsubdivision three of this section at least once every three years.\n
N.Y. PBH Law § 4203 — New York Code / Act PBH / Article 42 / Title 1 / Section 4203
Cremated or naturally organically reduced remains of a veteran; disposition
Status: in_force

§ 4203. Cremated or naturally organically reduced remains of a\nveteran; disposition. 1. As used in this section, the following terms\nshall have the following meanings:\n  (a) "veteran" means a deceased person who:\n  (i) served in the active military or naval service of the United\nStates; or\n  (ii) served in active duty in a force of any organized state militia\nin a full-time status; or\n  (iii) served in the reserve armed forces of the United States in\nactive duty; or\n  (iv) was a recipient of the armed forces expeditionary medal, navy\nexpeditionary medal, marine corps expeditionary medal or global war on\nterrorism expeditionary medal; and\n  (v) was released from such service otherwise than by dishonorable\ndischarge.\n  (b) "veterans' service organization" means an association, corporation\nor other entity that qualifies under section 501(c)(3) or section\n501(c)(19) of the Internal Revenue Code as a tax-exempt organization\nthat has been organized for the benefit of veterans and recognized or\nchartered by the United States Congress, including, but not limited to\nthe Disabled American Veterans, the Veterans of Foreign Wars, the\nAmerican Legion and the Vietnam Veterans of America. The term also\nincludes a member or employee of an eligible non-profit veterans'\ncorporation, association or entity, such as the Missing In America\nVeteran Recovery Program, that specifically assists in facilitating the\nidentification and internment of unclaimed remains of American veterans.\n  (c) "national cemetery" means any cemetery under the control of the\nUnited States department of veterans' affairs national cemetery\nadministration.\n  (d) "interment" shall have the meaning set forth in paragraph (g) of\nsection fifteen hundred two of the not-for-profit corporation law.\n  (e) "disposition" means disposal of cremated or naturally organically\nreduced remains by placement in a tomb, mausoleum, crypt, niche in a\ncolumbarium or burial in a cemetery. Provided, however, for the purpose\nof this section the term "disposition" shall not include the scattering\nof cremated or naturally organically reduced remains.\n  (f) "local veterans' service agencies" shall have the meaning set\nforth in section three hundred fifty-seven of the executive law.\n  2. A funeral director, undertaker or funeral firm which has held in\nits possession cremated or naturally organically reduced remains for\nmore than one hundred twenty days from the date of cremation or natural\norganic reduction may, in accordance with the provisions of this\nsection, determine if such cremated or naturally organically reduced\nremains are those of a veteran, and if so, may dispose of such remains\nas provided in this section.\n  3. (a) Notwithstanding any law or regulation to the contrary, nothing\nin this section shall prevent a funeral director, undertaker or funeral\nfirm from sharing information with the United States department of\nveterans affairs (VA), a local veterans' service agency, a veterans'\nservice organization, a national cemetery, or county veterans cemetery\nfor the purpose of determining whether the cremated or naturally\norganically reduced remains are those of a veteran.\n  (b) A funeral director, undertaker, or funeral firm shall be\ndischarged from any legal obligations or liability with regard to\nreleasing or sharing information to the United States department of\nveterans affairs, the local veterans' service agencies, veterans'\nservice organizations, a national cemetery, or county veterans cemetery\npursuant to this section.\n  4. (a) Should a funeral director, undertaker or funeral firm ascertain\nthe cremated or naturally organically reduced remains in its possession\nare those of a veteran, and they have not been instructed by the person\nin control of the disposition of the decedent to arrange for the final\ndisposal or delivery of the cremated or naturally organically reduced\nremains, the funeral director, undertaker or funeral firm may dispose of\nthe cremated or naturally organically reduced remains or relinquish\npossession of the cremated or naturally organically reduced remains to a\nveterans' service organization.\n  (b) The method of disposition shall be made pursuant to section\nforty-two hundred two of this title in a national cemetery, a county\nveterans cemetery, a section of a cemetery corporation where veterans\nare memorialized by a veteran's marker if eligible, a veterans' section\nof a cemetery corporation or a veterans' cemetery if the deceased\nveteran is eligible for interment in such a manner.\n  5. The funeral director, undertaker, funeral firm or veterans' service\norganization notwithstanding any law to the contrary, upon:\n  (a) disposing of cremated or naturally organically reduced remains in\naccordance with the provisions of this section, shall be held harmless\nfor any costs or damages, except if there is gross negligence or willful\nmisconduct; and\n  (b) shall be discharged from any legal obligation or liability\nconcerning the cremated or naturally organically reduced remains.\n  6. The estate of the decedent shall be responsible for reimbursing a\nfuneral director, undertaker, funeral firm or veterans' service\norganization for all reasonable expenses incurred in relation to the\ndisposition of such cremated or naturally organically reduced remains.\n  7. A funeral director, undertaker or funeral firm shall establish and\nmaintain a record identifying the veterans' service organization\nreceiving the cremated or naturally organically reduced remains and the\nsite designated for final disposition of the cremated or naturally\norganically reduced remains.\n  8. Nothing in this section shall require a funeral director,\nundertaker or funeral firm to determine or seek others to determine that\nan individual's cremated or naturally organically reduced remains are\nthose of a veteran if the funeral director, undertaker or funeral firm\nwas informed by the person in control of disposition that such\nindividual was not a veteran, or to relinquish possession of such\ncremated or naturally organically reduced remains to a veterans' service\norganization if the funeral director, undertaker or funeral firm was\ninstructed by such person in control, or had a reasonable belief, that\nthe decedent did not desire any funeral or burial-related services or\nceremonies recognizing such decedent's service as a veteran.\n
N.Y. DOM Law § 111 — New York Code / Act DOM / Article 7 / Title 1 / Section 111
Whose consent required
Status: in_force

§ 111. Whose consent required. 1. Subject to the limitations\nhereinafter set forth consent to adoption shall be required as follows:\n  (a) Of the adoptive child, if over fourteen years of age, unless the\njudge or surrogate in his discretion dispenses with such consent;\n  (b) Of the parents or surviving parent, whether adult or infant, of a\nchild conceived or born in wedlock;\n  (c) Of the mother, whether adult or infant, of a child born out of\nwedlock;\n  (d) Of any person or authorized agency having lawful custody or\nguardianship of the adoptive child;\n  (e) In the case of the adoption of a child transferred to the custody\nand guardianship of an authorized agency, foster parent, or relative\npursuant to section three hundred eighty-four-b of the social services\nlaw or a child transferred to the custody and guardianship of an\nauthorized agency pursuant to section three hundred eighty-three-c of\nthe social services law:\n  (i) Of any person adjudicated by a court of this state or a court of\nany other state or territory of the United States to be the father of\nthe child prior to the filing of a petition to terminate parental rights\nto the child pursuant to section three hundred eighty-four-b of the\nsocial services law, an application to execute a judicial surrender of\nrights to the child pursuant to subdivision three of section three\nhundred eighty-three-c of the social services law, or an application for\napproval of an extra-judicial surrender pursuant to subdivision four of\nsection three hundred eighty-three-c of the social services law;\n  (ii) Of any person who filed a petition in a court in this state\nseeking to be adjudicated the father of the child prior to the filing of\na petition to terminate parental rights to the child pursuant to section\nthree hundred eighty-four-b of the social services law, an application\nto execute a judicial surrender of rights to the child pursuant to\nsubdivision three of section three hundred eighty-three-c of the social\nservices law, or an application for approval of an extra-judicial\nsurrender pursuant to subdivision four of section three hundred\neighty-three-c of the social services law, provided that the parentage\npetition has been resolved in the petitioner's favor or remains pending\nat the conclusion of the proceedings pursuant to section three hundred\neighty-four-b, three hundred eighty-three-c, or three hundred\neighty-four of the social services law;\n  (iii) Of any person who has executed an acknowledgment of parentage\npursuant to section one hundred eleven-k of the social services law,\nsection five hundred sixteen-a of the family court act, or section\nforty-one hundred thirty-five-b of the public health law prior to the\nfiling of a petition to terminate parental rights to the child pursuant\nto section three hundred eighty-four-b of the social services law, an\napplication to execute a judicial surrender of rights to the child\npursuant to subdivision three of section three hundred eighty-three-c of\nthe social services law, or an application for approval of an\nextra-judicial surrender pursuant to subdivision four of section three\nhundred eighty-three-c of the social services law, provided that such\nacknowledgement has not been vacated;\n  (iv) Of any person who filed an unrevoked notice of intent to claim\nparentage of the child pursuant to section three hundred seventy-two-c\nof the social services law prior to the filing of a petition to\nterminate parental rights to the child pursuant to section three hundred\neighty-four-b of the social services law, an application to execute a\njudicial surrender of rights to the child pursuant to subdivision three\nof section three hundred eighty-three-c of the social services law, or\nan application for approval of an extra-judicial surrender pursuant to\nsubdivision four of section three hundred eighty-three-c of the social\nservices law;\n  (f) In any other adoption proceeding:\n  (i) Of the father, whether adult or infant, of a child born\nout-of-wedlock and placed with the adoptive parents more than six months\nafter birth, but only if such father shall have maintained substantial\nand continuous or repeated contact with the child as manifested by: (A)\nthe payment by the father toward the support of the child of a fair and\nreasonable sum, according to the father's means, and either (B) the\nfather's visiting the child at least monthly when physically and\nfinancially able to do so and not prevented from doing so by the person\nor authorized agency having lawful custody of the child, or (C) the\nfather's regular communication with the child or with the person or\nagency having the care or custody of the child, when physically and\nfinancially unable to visit the child or prevented from doing so by the\nperson or authorized agency having lawful custody of the child. The\nsubjective intent of the father, whether expressed or otherwise,\nunsupported by evidence of acts specified in this paragraph manifesting\nsuch intent, shall not preclude a determination that the father failed\nto maintain substantial and continuous or repeated contact with the\nchild. In making such a determination, the court shall not require a\nshowing of diligent efforts by any person or agency to encourage the\nfather to perform the acts specified in this paragraph. A father,\nwhether adult or infant, of a child born out-of-wedlock, who openly\nlived with the child for a period of six months within the one year\nperiod immediately preceding the placement of the child for adoption and\nwho during such period openly held himself out to be the father of such\nchild shall be deemed to have maintained substantial and continuous\ncontact with the child for the purpose of this subdivision;\n  (ii) Of the father, whether adult or infant, of a child born\nout-of-wedlock who is under the age of six months at the time he is\nplaced for adoption, but only if: (A) such father openly lived with the\nchild or the child's mother for a continuous period of six months\nimmediately preceding the placement of the child for adoption; and (B)\nsuch father openly held himself out to be the father of such child\nduring such period; and (C) such father paid a fair and reasonable sum,\nin accordance with his means, for the medical, hospital and nursing\nexpenses incurred in connection with the mother's pregnancy or with the\nbirth of the child.\n  2. The consent shall not be required of a parent or of any other\nperson having custody of the child:\n  (a) who evinces an intent to forego his or her parental or custodial\nrights and obligations as manifested by his or her failure for a period\nof six months to visit the child and communicate with the child or\nperson having legal custody of the child, although able to do so; or\n  (b) who has surrendered the child to an authorized agency under the\nprovisions of section three hundred eighty-three-c or three hundred\neighty-four of the social services law; or\n  (c) for whose child a guardian has been appointed under the provisions\nof section three hundred eighty-four-b of the social services law; or\n  (d) who, by reason of mental illness or intellectual disability, as\ndefined in subdivision six of section three hundred eighty-four-b of the\nsocial services law, is presently and for the foreseeable future unable\nto provide proper care for the child. The determination as to whether a\nparent is mentally ill or intellectually disabled shall be made in\naccordance with the criteria and procedures set forth in subdivision six\nof section three hundred eighty-four-b of the social services law; or\n  (e) who has executed an instrument, which shall be irrevocable,\ndenying the paternity of the child, such instrument having been executed\nafter conception and acknowledged or proved in the manner required to\npermit the recording of a deed.\n  3. (a) Notice of the proposed adoption shall be given to a person\nwhose consent to adoption is required pursuant to subdivision one and\nwho has not already provided such consent.\n  (b) Notice and an opportunity to be heard upon the proposed adoption\nmay be afforded to a parent whose consent to adoption may not be\nrequired pursuant to subdivision two, if the judge or surrogate so\norders.\n  (c) Notice under this subdivision shall be given in such manner as the\njudge or surrogate may direct.\n  (d) Notwithstanding any other provision of law, neither the notice of\na proposed adoption nor any process in such proceeding shall be required\nto contain the name of the person or persons seeking to adopt the child.\n  4. Where the adoptive child is over the age of eighteen years the\nconsents specified in paragraphs (b), (c) and (d) of subdivision one of\nthis section shall not be required, and the judge or surrogate in his\ndiscretion may direct that the consent specified in paragraph (f) of\nsubdivision one of this section shall not be required if in his opinion\nthe best interests of the adoptive child will be promoted by the\nadoption and such consent cannot for any reason be obtained.\n  5. An adoptive child who has once been lawfully adopted may be\nreadopted directly from such child's adoptive parents in the same manner\nas from its birth parents. In such case the consent of such birth\nparents shall not be required but the judge or surrogate in his\ndiscretion may require that notice be given to the birth parents in such\nmanner as he may prescribe.\n  6. For the purposes of paragraph (a) of subdivision two:\n  (a) In the absence of evidence to the contrary, the ability to visit\nand communicate with a child or person having custody of the child shall\nbe presumed.\n  (b) Evidence of insubstantial or infrequent visits or communication by\nthe parent or other person having custody of the child shall not, of\nitself, be sufficient as a matter of law to preclude a finding that the\nconsent of such parent or person to the child's adoption shall not be\nrequired.\n  (c) The subjective intent of the parent or other person having custody\nof the child, whether expressed or otherwise, unsupported by evidence of\nacts specified in paragraph (a) of subdivision two manifesting such\nintent, shall not preclude a determination that the consent of such\nparent or other person to the child's adoption shall not be required.\n  (d) Payment by a parent toward the support of the child of a fair and\nreasonable sum, according to the parent's means, shall be deemed a\nsubstantial communication by such parent with the child or person having\nlegal custody of the child.\n
N.Y. SOS Law § 372-F — New York Code / Act SOS / Article 6 / Title 1 / Section 372-F
Statewide adoption service
Status: in_force

§ 372-f. Statewide adoption service. 1. There shall be established by\nthe department either directly or through purchase a statewide adoption\nservice which shall serve all authorized agencies in the state as a\nmeans of recruiting adoptive families for children who have been legally\nfreed for adoption but have remained in foster care for a period of\nthree months or more.  Such period in foster care shall include any\nperiod of foster care immediately preceding the date on which the child\nwas legally freed for adoption. The service shall provide descriptions\nand photographs of such children, and shall also provide any other\ninformation deemed useful in the recruitment of adoptive families for\neach such child. The service shall be updated monthly.\n  2. The service may be organized on a regional basis, but shall be\nprovided to all authorized child caring agencies and in accordance with\nthe regulations of the department, to all appropriate citizen groups and\nother organizations and associations interested in children's services.\n  3. The department shall promulgate regulations governing the\noperations of the adoption service.\n  4. (a) Except as set forth in paragraph (b) of this subdivision, each\nauthorized agency shall refer to the adoption service, accompanied by a\nphotograph and description, as shall be required by departmental\nregulations, each child in its care who has been legally freed for\nadoption and who has been in foster care for the period specified in\nsubdivision one of this section and for whom no adoptive home has been\nfound. If the child is fourteen years or older and will not consent to\nhis or her adoption, such child need not be listed on the service. Such\nchildren's names shall be forwarded to the department by the authorized\nagency, with reference to the specific reason by which the child was not\nplaced on the service. The department shall establish procedures for\nperiodic review of the status of such children. If the department\ndetermines that adoption would be appropriate for a child not listed\nwith the service, the agency shall forthwith list the child. Each\nauthorized agency may voluntarily refer any child who has been legally\nfreed for adoption. In addition, upon referral of a child by an\nauthorized agency, the department may determine that the listing of a\nchild with the service is not in the child's best interest where:  the\nchild has been placed with a relative within the third degree of\nconsanguinity of the parents of the child and the child does not have a\npermanency goal of adoption, or the child is not emotionally prepared\nfor an adoptive placement. Any child who is not listed based on one of\nthese factors and who is not placed in an adoptive placement within six\nmonths of referral to the department must be listed with the service at\nthe end of the six month period in accordance with regulations of the\ndepartment except where the child is placed with a relative within the\nthird degree of consanguinity of the parents of the child, in which case\nthe department may determine that the listing continues to be contrary\nto the child's best interests. The department shall establish procedures\nfor the periodic review of the status of such children.\n  (b) An authorized agency shall not refer to the adoption service a\nchild in its care who has been legally freed for adoption when the child\nhas been placed with a foster parent who has expressed, in writing, an\ninterest in adopting the child; provided, however, that such child shall\nbe referred to the adoption service in accordance with paragraph (a) of\nthis subdivision where the foster parent has withdrawn interest in\nadopting the child or has been disapproved as an adoptive resource for\nthe child. An authorized agency shall not refer to the adoption service\na child in its care who has been legally freed for adoption where the\nagency has identified two or more potential placements for the child;\nprovided, however, that such child shall be referred to the adoption\nservice in accordance with paragraph (a) of this subdivision when such\nchild has not been placed into an adoptive home within nine months of\nhaving been freed for adoption.\n