N.Y. PBA Law § 3632 — New York Code / Act PBA / Article 10-C / Title 6 / Section 3632
Transfer of property; relationship with county; certain gifts, loans, and guarantees by the county
Status: in_force

§ 3632. Transfer of property; relationship with county; certain gifts,\nloans, and guarantees by the county. 1. (a) The county may give, grant,\nsell, convey, lend, license the use of, or lease to the corporation, and\nthe corporation may accept any property (except monies appropriated by\nthe county and payable to the corporation pursuant to subdivision three\nof this section) which are useful in connection with the exercise by the\ncorporation of any of its powers under this title in order to transfer\nthe facilities and operations of the Erie County Medical Center\nhealthcare network to the corporation by agreement between the county\nand the corporation and any subsequent renewal or amendment thereof, by\nlocal law adopted by a majority vote of the Erie county legislature,\nnotwithstanding any general, special, or local law, ordinance,\nresolution, or charter.\n  (b) Any such gift, grant, sale, conveyance, loan, license, or lease\nshall be upon such terms and conditions, for such consideration, if any,\nand for such term or terms of years, subject to the rights of the\nholders of any bonds, as the corporation and the county may agree. No\nreal property of the county consisting of any health facility operated\non the effective date of this title by the Erie County Medical Center\nhealthcare network shall be transferred to the corporation in fee,\nexcept under such restrictions regarding rights of first refusal in\nfavor of the county and subject to a right of reverter in the event that\nthe corporation should cease to use such property for the provision of\nresearch, education, and health care, or other rights, to repurchase the\nproperty as the Erie county legislature shall approve by act, and\nsubject to a restrictive covenant prohibiting the corporation from\npledging or mortgaging the fee interest in the property. In the event\nthat the county gives, grants, sells, conveys, lends, licenses, or\nleases any facilities to the corporation, the county may contract with\nthe corporation to lease, borrow, license, operate, maintain, manage,\nand provide services for such facilities upon such terms and conditions\nand for such term or terms of years, subject to the rights of holders of\nbonds, as the corporation and the county may agree. The corporation, in\nfurtherance of any purchase, conveyance, or lease of any property or\nfacility from the county, may assume the primary responsibility for the\npayment of the principal and interest on any bonds or notes issued by\nthe county for such property or facility.\n  2. The county may acquire by purchase, grant, lease, gift, or\ncondemnation, pursuant to the eminent domain procedure law, real\nproperty in the name of the county for any corporate purpose of the\ncorporation.\n  3. In addition to any other powers granted to it by law and consistent\nwith the constitution and other provisions of law, the county shall\nappropriate sums of money to defray project costs or any other costs or\nexpenses of the corporation, including operating expenses.\n  4. On the effective date of the transfer of the facilities and\noperations of the Erie County Medical Center healthcare network pursuant\nto an agreement between the corporation and the county, the Erie County\nMedical Center board of managers shall cease to be responsible for\noperation of the network; provided, however, that the county shall\ncontinue the existence of the board of managers in the event that the\ncontract between the corporation and the county requires the operation\nof the network to revert to the county in the event that the corporation\nshould cease to use such property for the provision of health care or\nthe corporation otherwise fails to meet its obligations under any\nagreement between the county and the corporation.\n  5. The county shall maintain its efforts to provide annual operating\nfunding to the corporation to permit it to serve all uninsured and\nunder-insured patients, foster its role as a teaching hospital, and\nprovide tertiary care services that are unavailable at other health care\nfacilities in the western New York region. The county shall maintain and\nprovide an operating contribution to the corporation in an annual amount\nthat is the difference between the corporation's total revenues minus\ntotal expenses. For purposes of this section, total revenue and total\nexpenses shall include amounts attributable to the corporation, any\nsubsidiary of the corporation, and any entity providing health care\nservices thereto. The manner of calculating the county's annual\nmaintenance of effort of the corporation shall be the process followed\nby the county in determining the maintenance of effort for the network.\nThe county shall have the right of audit at any time and from time to\ntime to confirm the details of corporate operations. The corporation\nshall provide monthly financial reports to the county that provide\ndetails concerning all business operations for the corporation on a\nconsistent basis.\n  6. (a) Notwithstanding any general, special, or local law or charter\nprovisions to the contrary, the county of Erie shall have the power and\nis hereby authorized, pursuant to section seven of article seventeen of\nthe state constitution, to lend its money or credit to or in aid of the\ncorporation or any subsidiary thereof for the purpose of providing\nhealth related facilities or hospital facilities for the prevention,\ndiagnosis, or treatment of human disease, pain, injury, disability,\ndeformity, or physical condition, and for facilities incidental or\nappurtenant thereto, as may be prescribed by law. The county is hereby\nauthorized to prescribe such facilities by local law. The corporation or\nany such subsidiary thereof, as a condition to any such loan of money or\ncredit, shall enter into a regulatory agreement with the county as to\nits charges, profits, dividends, and disposition of its property or\nfranchises, which agreement shall be binding and enforceable by the\ncounty insofar as such agreement regulates such charges, profits,\ndividends, and disposition of property. The county may elect in such\nregulatory agreement to refrain from exercising all or any portion of\nits authority to so regulate such charges, profits, dividends, and\ndisposition of property to the extent such charges, profits, dividends,\nand disposition of property are regulated by the state or any agency\nthereof. The county shall authorize such regulatory agreement by local\nlaw.\n  (b) In pursuance of the authority granted in this title, the county of\nErie shall have the power and is hereby authorized, from time to time,\nto issue its bonds, notes, or other obligations in such principal\namounts as it shall deem necessary, after taking into account other\nmonies which may be available for the purposes set forth in this title.\nSuch bonds, notes, or obligations shall be issued for the purpose of\nmaking loans to the corporation or any subsidiary thereof, paying\ninterest on such bonds, notes, or other obligations, establishment of\nreserves to secure such notes, bonds, or other obligations, and paying\nall other obligations and expenditures incidental to and necessary or\nconvenient for the making of such loans. Such bonds, notes, or\nobligations shall be issued in accordance with the applicable provisions\nof this chapter, the local finance law, and applicable local laws.\n  (c) Any guarantee by the county made pursuant to the authority granted\nin this section shall be authorized by act or acts of the county in the\nsame manner as such act or acts authorizing the issuance of bonds of the\ncounty for the purposes for which such guarantee is undertaken.\n  (d) The county is also authorized to enact laws governing the\nconditions under which such loans, commitments, and guarantees shall be\nmade.\n  7. For purposes of subdivision four of paragraph a of section 25.00 of\nthe local finance law, amounts to be derived by the county of Erie from\nthe corporation, or any subsidiary thereof, shall be included in the\nterm "other income".\n  8. (a) Notwithstanding the provisions of any other state or local law\nto the contrary, including, but not limited to, sections six-n and six-j\nof the general municipal law, with the approval of the Erie county\nlegislature, amounts deposited for or on behalf of the Erie County\nMedical Center healthcare network in the liability and casualty and\nworkers' compensation reserve funds established by the county pursuant\nto such sections of the general municipal law, and investment earnings\nthereof, may be withdrawn by the county from such funds and transferred\nto the corporation and shall be used by the corporation for the purposes\nfor which such funds were established.\n  (b) No amounts shall be withdrawn and transferred to the corporation\npursuant to this subdivision unless, prior to such withdrawal or\ntransfer, the corporation has agreed in writing to indemnify and hold\nharmless the county, and provide defense, for all claims, cases,\nproceedings, actions, or other matters against the county arising out of\nthe properties, facilities, operations, or employees of the corporation,\nwhether commenced before or after the date of transfer of such amounts,\nand to provide such other security for such obligation as the county may\nreasonably require.\n  9. The county shall be responsible for the payment of all outstanding\nbonded indebtedness of the Erie County Medical Center healthcare network\nthat was accumulated prior to the creation of the public benefit\ncorporation.\n
N.Y. BNK Law § 6022 — New York Code / Act BNK / Article 15 / Title 6 / Section 6022
Procedure to enforce stockholder's right to receive payment for shares
Status: in_force

§ 6022. Procedure to enforce stockholder's right to receive payment\nfor shares. 1. A stockholder intending to enforce his right under a\nsection of this chapter to receive payment for his shares if the\nproposed corporate action referred to therein is taken shall file with\nthe corporation, before the meeting of stockholders at which the action\nis submitted to a vote, or at such meeting but before the vote, written\nobjection to the action. The objection shall include a statement that he\nintends to demand payment for his shares if the action is taken. Such\nobjection is not required from any stockholder to whom the corporation\ndid not give notice of such meeting in accordance with this chapter or\nwhere the proposed action is authorized by written consent of\nstockholders without a meeting.\n  2. Within ten days after the stockholders' authorization date, which\nterm as used in this section means the date on which the stockholders'\nvote authorizing such action was taken, or the date on which such\nconsent without a meeting was obtained from the requisite stockholders,\nthe corporation shall give written notice of such authorization or\nconsent by registered mail to each stockholder who filed written\nobjection or from whom written objection was not required, excepting any\nwho voted for or consented in writing to the proposed action.\n  3. Within twenty days after the giving of notice to him, any\nstockholder to whom the corporation was required to give such notice and\nwho elects to dissent shall file with the corporation a written notice\nof such election, stating his name and residence address, the number and\nclasses of shares as to which he dissents and a demand for payment of\nthe fair value of his shares.\n  4. A stockholder may not dissent as to less than all of the shares,\nheld by him of record, that he owns beneficially. A nominee or fiduciary\nmay not dissent on behalf of any beneficial owner as to less than all of\nthe shares of such owner held of record by such nominee or fiduciary.\n  5. Upon filing a notice of election to dissent, the stockholder shall\ncease to have any of the rights of a stockholder except the right to be\npaid the fair value of his shares and any other rights under this\nsection.  Withdrawal of a notice of election shall require the written\nconsent of the corporation. If a notice of election is withdrawn, or the\nproposed corporate action is abandoned or rescinded, or a court shall\ndetermine that the stockholder is not entitled to receive payment for\nhis shares, or the stockholder shall otherwise lose his dissenter's\nrights, he shall not have the right to receive payment for his shares\nand he shall be reinstated to all his rights as a stockholder as of the\nfiling of his notice of election, including any intervening preemptive\nrights and the right to payment of any intervening dividend or other\ndistribution or, if any such rights have expired or any such dividend or\ndistribution other than in cash has been completed, in lieu thereof, at\nthe election of the corporation, the fair value thereof in cash as\ndetermined by the board as of the time of such expiration or completion,\nbut without prejudice otherwise to any corporate proceedings that may\nhave been taken in the interim.\n  6. At the time of filing the notice of election to dissent or within\none month thereafter the stockholder shall submit the certificates\nrepresenting his shares to the corporation, or to its transfer agent,\nwhich shall forthwith note conspicuously thereon that a notice of\nelection has been filed and shall return the certificates to the\nstockholder or other person who submitted them on his behalf. Any\nstockholder who fails to submit his certificates for such notation as\nherein specified shall, at the option of the corporation exercised by\nwritten notice to him within forty-five days from the date of filing of\nsuch notice of election to dissent, lose his dissenter's rights unless a\ncourt, for good cause shown, shall otherwise direct. Upon transfer of a\ncertificate bearing such notation, each new certificate issued therefor\nshall bear a similar notation together with the name of the original\ndissenting holder of the shares and a transferee shall acquire no rights\nin the corporation except those which the original dissenting\nstockholder had after filing his notice of election.\n  7. Within seven days after the expiration of the period within which\nstockholders may file their notices of election to dissent, or within\nseven days after the proposed corporate action is consummated, whichever\nis later, the corporation or, in the case of a merger, the receiving\ncorporation, shall make a written offer by registered mail to each\nstockholder who has filed such notice of election to pay for his shares\nat a specified price which the corporation considers to be their fair\nvalue. Such offer shall be made at the same price per share to all\ndissenting stockholders of the same class, or if divided into series, of\nthe same series and shall be accompanied by a balance sheet of the\ncorporation whose shares the dissenting stockholder holds as of the\nlatest available date, which shall not be earlier than twelve months\nbefore the making of such offer, and a profit and loss statement or\nstatements for not less than a twelve month period ended on the date of\nsuch balance sheet or, if the corporation was not in existence\nthroughout such twelve month period, for the portion thereof during\nwhich it was in existence.  If within thirty days after the making of\nsuch offer, the corporation making the offer and any stockholder agree\nupon the price to be paid for his shares, payment therefor shall be made\nwithin sixty days after the making of such offer upon the surrender of\nthe certificates representing such shares.\n  8. The following procedure shall apply if the corporation fails to\nmake such offer within such period of seven days, or if it makes the\noffer and any dissenting stockholder or stockholders fail to agree with\nit within the period of thirty days thereafter upon the price to be paid\nfor their shares:\n  (a) The corporation or, in the case of a merger, the receiving\ncorporation shall, within twenty days after the expiration of whichever\nis applicable of the two periods last mentioned, institute a special\nproceeding in the supreme court in the judicial district in which the\noffice of the corporation is located to determine the rights of\ndissenting stockholders and to fix the fair value of their shares.\n  (b) If the corporation fails to institute such proceeding within such\nperiod of twenty days, any dissenting stockholder may institute such\nproceeding for the same purpose not later than thirty days after the\nexpiration of such twenty day period. If such proceeding is not\ninstituted within such thirty day period, all dissenter's rights shall\nbe lost unless the supreme court, for good cause shown, shall otherwise\ndirect.\n  (c) All dissenting stockholders, excepting those who, as provided in\nsubdivision seven, have agreed with the corporation upon the price to be\npaid for their shares, shall be made parties to such proceeding, which\nshall have the effect of an action quasi in rem against their shares.\nThe corporation shall serve a copy of the petition in such proceeding\nupon each dissenting stockholder who is a resident of this state in the\nmanner provided by law for the service of a summons, and upon each\nnonresident dissenting stockholder either by registered mail and\npublication, or in such other manner as is permitted by law. The\njurisdiction of the court shall be plenary and exclusive.\n  (d) The court shall determine whether each dissenting stockholder, as\nto whom the corporation requests the court to make such determination,\nis entitled to receive payment for his shares. If the corporation does\nnot request any such determination or if the court finds that any\ndissenting stockholder is so entitled, it shall proceed to fix the value\nof the shares, which, for the purposes of this section, shall be the\nfair value as of the close of business on the day prior to the\nstockholders' authorization date, excluding any appreciation or\ndepreciation directly or indirectly induced by such corporate action or\nits proposal. The court may, if it so elects, appoint an appraiser to\nreceive evidence and recommend a decision on the question of fair value.\nSuch appraiser shall have the power, authority and duties specified in\nthe order appointing him, or any amendment thereof.\n  (e) The final order in the proceeding shall be entered against the\ncorporation in favor of each dissenting stockholder who is a party to\nthe proceeding and is entitled thereto for the value of his shares so\ndetermined.\n  (f) The final order shall include an allowance for interest at such\nrate as the court finds to be equitable, from the stockholders'\nauthorization date to the date of payment. If the court finds that the\nrefusal of any stockholder to accept the corporate offer of payment for\nhis shares was arbitrary, vexatious or otherwise not in good faith, no\ninterest shall be allowed to him.\n  (g) The costs and expenses of such proceeding shall be determined by\nthe court and shall be assessed against the corporation, or, in the case\nof a merger, the receiving corporation, except that all or any part of\nsuch costs and expenses may be apportioned and assessed, as the court\nmay determine, against any or all of the dissenting stockholders who are\nparties to the proceeding if the court finds that their refusal to\naccept the corporate offer was arbitrary, vexatious or otherwise not in\ngood faith. Such expenses shall include reasonable compensation for and\nthe reasonable expenses of the appraiser, but shall exclude the fees and\nexpenses of counsel for and experts employed by any party unless the\ncourt, in its discretion, awards such fees and expenses. In exercising\nsuch discretion, the court shall consider any of the following:  (A)\nthat the fair value of the shares as determined materially exceeds the\namount which such corporation offered to pay; (B) that no offer was made\nby such corporation; and (C) that such corporation failed to institute\nthe special proceeding within the period specified therefor.\n  (h) Within sixty days after final determination of the proceeding, the\ncorporation or, in the case of a merger, the receiving corporation shall\npay to each dissenting stockholder the amount found to be due him, upon\nsurrender of the certificates representing his shares.\n  9. Shares acquired by the corporation upon the payment of the agreed\nvalue therefor or of the amount due under the final order, as provided\nin this section, shall be dealt with as provided in section five\nthousand fourteen, except that, in the case of a merger, they shall be\ndisposed of as provided in the plan of merger or consolidation.\n  10. The enforcement by a stockholder of his right to receive payment\nfor his shares in the manner provided herein shall exclude the\nenforcement by such stockholder of any other right to which he might\notherwise be entitled by virtue of share ownership, except as provided\nin subdivision five, and except that this section shall not exclude the\nright of such stockholder to bring or maintain an appropriate action to\nobtain relief on the ground that such corporate action will be or is\nillegal or fraudulent as to him.\n  11. Except as otherwise expressly provided in this section, any notice\nto be given by a corporation to a stockholder under this section shall\nbe given in the manner provided in section six thousand five.\n
N.Y. LAB Law § 316 — New York Code / Act LAB / Article 11 / Title 6 / Section 316
Duties of owners and occupiers
Status: in_force

§ 316. Duties of owners and occupiers. 1. Except as in this article\notherwise provided, the person operating a factory, whether as owner or\nlessee of the whole or a part of the building in which the same is\nsituated or otherwise, shall be responsible for the observance of the\nprovisions of this article, anything in any lease or agreement to the\ncontrary notwithstanding.\n  2. The owner of a tenant-factory building, whether or not he is also\none of the occupants instead of the respective tenants, shall be\nresponsible for the observance of the following provisions of this\narticle, anything in any lease to the contrary notwithstanding:\n  Section two hundred and fifty-five, elevators and hoistways; section\ntwo hundred and seventy, construction of buildings erected after October\nfirst, nineteen hundred and thirteen; section two hundred and\nseventy-one, requirements for buildings erected before October first,\nnineteen hundred and thirteen; section two hundred and seventy-two,\nadditional requirements for all buildings, except subdivision one and\nthe first three sentences of subdivision three; section two hundred and\nseventy-three, fire escapes erected after October first, nineteen\nhundred and thirteen, on buildings theretofore erected; section two\nhundred and seventy-four, fire escapes erected before October first,\nnineteen hundred and thirteen; section two hundred and seventy-nine,\nfire alarm signal systems and fire drills; section two hundred and\neighty, automatic sprinklers; section two hundred and ninety-two,\ndrinking water; section two hundred and ninety-three, washrooms, except\nsubdivision two thereof; section two hundred and ninety-five, water\nclosets. Except that the tenants shall also be responsible within their\nrespective holdings for the observance of the provisions of the\nfollowing sections: section two hundred and fifty-five, elevators and\nhoist ways; section two hundred and seventy, construction of buildings\nerected after October first, nineteen hundred and thirteen; section two\nhundred and seventy-one, requirements for buildings erected before\nOctober first, nineteen hundred and thirteen; section two hundred and\nseventy-two, additional requirements for all buildings; section two\nhundred and seventy-three, fire escapes erected after October first,\nnineteen hundred and thirteen, on buildings theretofore erected; section\ntwo hundred and seventy-four, fire escapes erected before October first,\nnineteen hundred and thirteen.\n  The owner shall also be responsible for all other provisions of this\narticle in so far as they affect those portions of the tenant-factory\nbuilding or its premises that are used in common or by more than one\noccupant.\n  3. The tenant of any part of a tenant-factory building shall permit\nthe owner, his agents and employees to enter and remain upon the demised\npremises whenever and so long as may be necessary to comply with the\nprovisions of law, the responsibility for which is by this section\nplaced upon the owner; and his failure or refusal so to do shall be a\ncause for dispossessing said tenant by summary proceedings to recover\npossession of real property. Whenever by the terms of a lease any tenant\nhas agreed to comply with or carry out any of such provisions, his\nfailure or refusal so to do shall be a cause for dispossessing said\ntenant by summary proceedings as aforesaid.\n
N.Y. PBH Law § 587 — New York Code / Act PBH / Article 5 / Title 6 / Section 587
Prohibited practices
Status: in_force

§ 587. Prohibited practices. 1. No health services purveyor shall\nsolicit, receive, accept or agree to receive or accept any payment or\nother consideration in any form to the extent such payment or other\nconsideration is given for the referral of services or participate in\nthe division, transference, assignment, rebate, splitting of fees, with\nany clinical laboratory or its agent, employee or fiduciary, or with\nanother health services purveyor in relation to clinical laboratory\nservices. Specifically prohibited practices shall include, without\nlimiting thereto, the following:\n  (a) Acceptance of payments for rental of space for more than the fair\nmarket value or where the rental amount is affected by test ordering\nvolume or value.\n  (b) Acceptance of rental payments for storage space for any supplies\nprovided by any clinical laboratory or its agent, employee or fiduciary.\n  (c) Acceptance of payments for filling in proper information on\nlaboratory request forms for tests.\n  (d) Receipt or acceptance of employees, agents or other fiduciaries of\nany clinical laboratory to perform any duties in the facility of any\nhealth services purveyor provided, however, that nothing in this\nsubdivision shall prohibit a hospital as defined in article twenty-eight\nof this chapter or a health maintenance organization operating in\naccordance with article forty-three of the insurance law or article\nforty-four of this chapter and a clinical laboratory from contracting\nfor laboratory management services including the provision of technical\nservices and employees for the performance of functions directly related\nto clinical laboratory operations.\n  (e) Receipt or acceptance of equipment, supplies or services provided\nby any clinical laboratory or its agent, employee or fiduciary for less\nthan fair market value or when the purchase price or rental payment is\nin any way related to the reference of patients or specimens to any\nclinical laboratory.\n  (f) Receipt or acceptance of any monies or other consideration from\nany clinical laboratory or its agent, employee or fiduciary as a bonus,\ncommission or fee in the form of a fixed or percentage return for the\nnumber or dollar value of laboratory tests performed or to be performed\nby any clinical laboratory to which patients or specimens are referred\nor for the number of patients or specimens referred.\n  (g) The purchase of prepayment coupons, tickets, booklets or any\nvariation of such prepayment instruments as advance payments by\npurveyors of health services for clinical laboratory services to be\nrendered by any clinical laboratory.\n  (h) To accept payment of money or other consideration from anyone for\nany clinical laboratory tests rendered or to be rendered on any specimen\nfor transference of the money or other consideration in whole or in part\nto any clinical laboratory or to actually be kept by the health services\npurveyor.\n  (i) To accept or use directly any instrument or any clinical\nlaboratory form marked "Invoice", "Receipt", "Payment Received" or any\nother variation for issuance to patients as if the patient had been\nbilled and paid the clinical laboratory.\n  (j) Receipt or acceptance of any monies or other consideration from\nany clinical laboratory or its agent, employee or fiduciary for\ninfluencing any person to refrain from using or utilizing any other\nclinical laboratory.\n  2. No clinical laboratory or its agent, employee or fiduciary shall\nmake, offer, give, or agree to make, offer, or give any payment or other\nconsideration in any form to the extent such payment or other\nconsideration is given for the referral of services or participate in\nthe division, transference, assignment, rebate, splitting of fees, with\nany health services purveyor, or with another clinical laboratory.\nSpecifically prohibited practices shall include, without limiting\nthereto, the following:\n  (a) To offer or agree to give or give any payments for rental of space\nfor more than the fair market value or where the rental amount is\naffected by test ordering volume or value.\n  (b) To offer or agree to give or give rental payments for storage\nspace for any supplies provided to any health services purveyor.\n  (c) To offer or agree to give or give any payments for filling in\nproper information on laboratory request forms for tests.\n  (d) To supply employees, agents or other fiduciaries of any clinical\nlaboratory to perform any duties in the facility of any health services\npurveyor provided, however, that nothing in this subdivision shall\nprohibit a hospital as defined in article twenty-eight of this chapter\nor a health maintenance organization operating in accordance with\narticle forty-three of the insurance law or article forty-four of this\nchapter and a clinical laboratory from contracting for laboratory\nmanagement services, including the provision of technical services and\nemployees for the performance of functions directly related to clinical\nlaboratory operations.\n  (e) To offer or agree to give or give any equipment, supplies or\nservices to any health services purveyor for less than fair market value\nor when the purchase price or rental payment is in any way related to\nthe reference of patients or specimens to any clinical laboratory.\n  (f) To offer or agree to give or give any monies or other\nconsideration to any health services purveyor as a bonus, commission or\nfee in the form of a fixed or percentage return for the number or dollar\nvalue of laboratory tests performed or to be performed by any clinical\nlaboratory to which patients or specimens are referred or for the number\nof patients or specimens referred.\n  (g) To sell any prepayment coupons, tickets, booklets or any variation\nof such prepayment instrument as advance payments by purveyors of health\nservices for clinical laboratory services.\n  (h) To send a bill to or receive payment from any health services\npurveyor for clinical laboratory services rendered to any patient, where\nsuch bill is sent in code on blank paper, without name and address of\nthe clinical laboratory, without name or address of the addressee, or\nwithout name or other identifying information of the person who was the\nrecipient of the laboratory service or in any other falsified manner.\n  (i) To utilize any health services purveyor or anyone else not\nauthorized by law to collect money or other consideration from anyone\nfor any clinical laboratory tests rendered or to be rendered on any\nspecimen for transference of the money or other consideration in whole\nor in part to the clinical laboratory or to be actually kept by the\nhealth services purveyor.\n  (j) To supply to any health services purveyor any printed form of a\nclinical laboratory marked "Invoice", "Receipt", "Payment Received", or\nany other variation for use by any health services purveyor issuing same\nto patients as if the patient had paid the clinical laboratory.\n  (k) To offer or agree to give or give any monies or other\nconsideration for influencing any person to refrain from using or\nutilizing any other clinical laboratory.\n  3. This section shall not apply to any: (a) legally established\nhospital group purchasing program approved by the commissioner, or (b)\nany arrangement between a clinical laboratory and health maintenance\norganization operating in accordance with article forty-three of the\ninsurance law or article forty-four of this chapter approved by the\ncommissioner.\n  4. Any transaction excluded from the prohibition of section five\nhundred eighty-six of this title relating to payment for services\nrendered by clinical laboratories shall be deemed to be similarly\nexcluded from the application of this section.\n  5. No clinical laboratory or its agent, employee or fiduciary shall\nmake, offer, give or agree to make, offer or give to any person,\npartnership, corporation or other entity any payment or other\nconsideration in any form as a bonus, commission or fee for securing\nreferrals of services to the clinical laboratory except for payments\nmade to a person who is an employee of the clinical laboratory.\n  6. The public health council shall adopt and amend rules and\nregulations, subject to approval by the commissioner, to effectuate the\nprovisions and purposes of this section.\n
N.Y. PBA Law § 1115-H — New York Code / Act PBA / Article 5 / Title 6 / Section 1115-H
Agreement among the water board, the city and the authority for the provision of projects
Status: in_force

§ 1115-h. Agreement among the water board, the city and the authority\nfor the provision of projects. 1. The authority, the water board and the\ncity, acting by resolution of the common council of the city, may enter\ninto agreements for the purpose of providing for the construction and\nfinancing of a project.\n  2. Any such agreements (i) shall describe in sufficient detail for\nreasonable identification the particular project to be financed in whole\nor in part by the authority, (ii) shall describe the plan for the\nfinancing of the cost of the construction of such project, including the\namount, if any, to be provided by the water board and the source or\nsources thereof, (iii) shall set forth the method by which and by whom\nand the terms and conditions upon which moneys provided by the authority\nshall be disbursed, (iv) may require, in the discretion of the\nauthority, the payment to the authority of the proceeds of any state and\nfederal grants available to the water board, (v) shall provide for the\nestablishment of user fees, rates, rents and other charges and the\ncharging and collection thereof by the water board for the use of, or\nservices furnished, rendered or made available by such system such as to\nprovide that the water board receive revenues at least sufficient,\ntogether with other revenues of the water board, if any, to meet the\nrequirements of subdivision one of section one thousand one hundred\nfifteen-i of this title, provided that revenues received by the water\nboard shall be deposited in a special fund established pursuant to this\ntitle and disbursed to, and upon certification of, the authority, (vi)\nmay provide for the transfer by the city to the water board pursuant to\nsection one thousand one hundred fifteen-g of this title of ownership of\nthe water system or sewerage system, or both as the case may be, of\nwhich such project will form a part, (vii) may provide for the\nconstruction and completion of such project by the city or the water\nboard and for the operation, maintenance and repair thereof as an\nintegrated part of the system of which such project forms a part,\nsubject to such terms and conditions, not inconsistent with this title,\nwhich may be in the public interest and necessary or desirable properly\nand adequately to secure the holders of bonds of the authority, (viii)\nshall provide for the discontinuance or disconnection of the supply of\nwater or the provision of sewerage service, or both, as the case may be,\nfor non-payment of fees, rates, rents or other charges therefor imposed\nby the water board, provided such discontinuance or disconnection of any\nsupply of water or the provision of sewerage service, or both, as the\ncase may be, shall not be carried out except in the manner and upon the\nnotice as is required of a waterworks corporation pursuant to\nsubdivisions three-a, three-b and three-c of section eighty-nine-b and\nsection one hundred sixteen of the public service law, and (ix) in the\ndiscretion of the authority, require reports concerning the project from\nthe water board to the authority and the city.\n  3. If the city executes an agreement pursuant to this section,\nrelating to the financing of projects by revenue bonds, it shall have\nand shall be deemed to have annulled its power to levy user fees, rents\nand other charges on participating properties or customers for the cost\nof financing, operating and maintaining such projects under its\njurisdiction until all bonds of the authority shall have been paid or\ndischarged in accordance with the agreement and the resolution of the\nauthority authorizing such bonds. If the city has outstanding general\nobligation bonds issued for acquiring or constructing water or sewerage\nfacilities, whether the bonds are payable from revenues, special\nassessments, or taxes, it may authorize the authority pursuant to the\nagreement to issue its revenue bonds under this title for the purpose of\nretiring the outstanding bonds.\n  4. No such agreement shall be executed until the city and water board\nshall have held a public hearing at which users of the water system or\nsewerage system, or both, as the case may be, shall have had opportunity\nto be heard concerning the proposed provisions thereof. Notice of such\nhearing shall be published at least thirty days in advance in the\nofficial newspaper or newspapers of the city.\n  5. Such agreement shall be effective upon the issuance by the\nauthority of bonds to finance the cost of constructing projects of the\ncity or the water board.\n  6. Any such agreement may be amended, revised or extended by\nsupplemental agreements authorized and executed in the same manner as\nthe original agreement, provided that any such supplemental agreement\nshall not be inconsistent with the provisions of this title.\n  7. (a) Following the execution of the agreement by and between the\nauthority, the water board and the city pursuant to this section, the\nclerk of the city shall publish a notice in substantially the following\nform: "Notice is hereby given that the city of Albany has on the\nday of            entered into an agreement with the Albany municipal\nwater finance authority in relation to the construction and financing of\n(here insert a brief description of the sewerage or water facility or\nfacilities to which such agreement relates) pursuant to the Albany\nmunicipal water finance authority act for the purpose of placing its\nsewerage or water system or water and sewerage system, as the case may\nbe, on an independent basis, imposing fees and rents on sewerage or\nwater system users, or both, which, together with other revenues\navailable for such purposes, if any, are sufficient to pay to the\nauthority debt service on bonds issued by the authority pursuant to the\nagreement and for operation and maintenance of the facility (title to\nwhich is transferred to the water board pursuant to the agreement). Such\nagreement in general terms provides (here insert a brief summary of the\nsubstantive provisions of such agreement). A copy of the complete\nagreement is on file for public inspection in the office of the clerk of\nthe city where the same may be examined by any interested person during\nregular business hours. The validity of this agreement may be hereafter\ncontested only upon the ground or grounds that (i) such agreement\nviolates, or the performance of any provision thereof by any party\nthereto would violate, the provisions of any law or the state\nconstitution or (ii) the provisions of law which should have been\ncomplied with in relation to the authorization and execution thereof\nwere not substantially complied with, and in any event an action, suit\nor proceeding is commenced within sixty days after the date of this\nnotice.\n                                                            clerk of the\n                                                          city of Albany\n  (b) The publication authorized by this subdivision shall be in the\nofficial newspaper or newspapers of the city.\n  (c) After the expiration of the sixty day period set forth in such\nnotice, the validity of such agreement shall be conclusively presumed\nand the validity thereof shall not thereafter be questioned by either a\nparty plaintiff or a party defendant and no court shall have\njurisdiction in any action, suit or proceeding contesting such validity.\n  (d) Neither any error or omission in the notice of publication\nprovided for in this subdivision shall affect or impair the validity of\nan agreement executed pursuant to this section so long as the notice\nsubstantially conforms to the provisions of this section.\n
N.Y. PBA Law § 1128*2 — New York Code / Act PBA / Article 5 / Title 6-C* / Section 1128*2
Bonds of the authority
Status: in_force

* § 1128. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds in such\nprincipal amounts as it may determine to be necessary to pay the cost of\nany project or for any other corporate purpose, including incidental\nexpenses in connection therewith. The authority shall have power from\ntime to time to refund any bonds by the issuance of new bonds, whether\nthe bonds to be refunded have or have not matured, and may issue bonds\npartly to refund bonds then outstanding and partly for any other\ncorporate purpose. Bonds issued by the authority may be general\nobligations secured by the faith and credit of the authority or may be\nspecial obligations payable solely out of particular revenues or other\nmoneys as may be designated in the proceedings of the authority under\nwhich the bonds shall be authorized to be issued, subject only to any\nagreements with the holders of outstanding bonds pledging any particular\nrevenues, earnings or moneys.\n  2. The authority is authorized to obtain from any insurer or financial\ninstitution any insurance, guaranty or other credit support device, to\nthe extent now or hereafter available, as to, or for the payment or\nrepayment of interest or principal, or both, or any part thereof, on any\nbonds issued by the authority and to enter into any agreement or\ncontract with respect to any such insurance, guaranty or other credit\nsupport device, except to the extent that the same would in any way\nimpair or interfere with the ability of the authority to perform and\nfulfill the terms of any agreement made with the holders of outstanding\nbonds of the authority.\n  3. (a) Bonds shall be authorized by resolution of the authority, be in\nsuch denominations, bear such date or dates and mature at such time or\ntimes as such resolution may provide, except that bonds and any renewals\nthereof shall mature within forty years from the date of their original\nissuance and notes and any renewals thereof shall mature within five\nyears from the date of their original issuance. Bonds shall be subject\nto such terms of redemption, bear interest at such rate or rates per\nannum, which may vary from time to time, as may be necessary to effect\nthe sale thereof and shall be payable at such times, be in such form,\ncarry such registration privileges, be executed in such manner, be\nsubject to tender to the authority, with or without extinction or\ncancellation, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Bonds may be sold at public or private sale for such price\nor prices as the authority shall determine, provided that no bonds of\nthe authority may be sold by the authority at private sale unless such\nsale and the terms thereof have been approved in writing by the\ncomptroller, where such sale is not to be to such comptroller, or by the\nstate director of the budget, where such sale is to be to the\ncomptroller.\n  (b) The state comptroller shall promulgate rules in conformance with\nthe state administrative procedure act governing the sale on a\nnegotiated basis of bonds, notes and certificates of participation by\npublic authorities and public benefit corporations made subject to such\nrules by law. No such sale by the authority on a negotiated basis shall\nbe conducted without prior approval of the state comptroller except as\nprovided in such rules, which shall set forth the circumstances under\nwhich such approval shall not be required. Such rules shall be reviewed\nat least annually and updated as may be necessary. The corporation shall\nannually deliver to the senate finance committee, the assembly ways and\nmeans committee and the director of the division of the budget a report\nlisting all such sales conducted in the previous year, including but not\nlimited to the name of the issuer, the amount of the issue, the interest\nrate and interest cost per year for each such sale.\n  (c) Agreements for credit enhancement. (1) The authority is hereby\nauthorized and empowered to enter into such agreements as it deems\nreasonable and appropriate, with any department or agency of the United\nStates of America, the state, or any other financially responsible\nparty, to facilitate the issuance, sale, resale and payment of bonds,\nnotes, or other evidences of indebtedness of the authority, including,\nbut not limited to letters of credit, lines of credit, revolving credit,\nbond insurance or other credit enhancements. Such agreements may provide\nfor: (i) the advance or advances of funds on behalf of the authority to\npay bonds, notes or other evidences of indebtedness of the authority on\ntheir date or dates of maturity or redemption; and (ii) the\nreimbursement of such advance or advances by the authority.\n  (2) Such agreements may be executed on or before the date of issuance\nof the obligations to be paid pursuant thereto, provided, however, that\nany reimbursement obligation of the authority shall be deemed\nindebtedness of the authority; (i) only as of the date that the\ncorresponding advance is made pursuant to subparagraph one of this\nparagraph; and (ii) only in the amount of the advance made pursuant to\nsuch subparagraph. Such agreements may include a pledge by the authority\nof its faith and credit for the payment of any indebtedness deemed to be\ncontracted as set forth in this paragraph, and may provide that any such\nindebtedness arising from a reimbursement obligation contracted pursuant\nto this section shall be paid in accordance with the terms of such\nagreement. Such indebtedness shall be excluded in ascertaining the power\nof the authority to contract indebtedness pursuant to this chapter. Such\nagreements shall also include such terms and conditions as the authority\nshall deem appropriate, including provisions for the payment of\nreasonable fees by the authority in return for a commitment to advance\nfunds pursuant to such agreement. Such fees shall be deemed part of the\ncost of the object or purpose in connection with which they are\nincurred.\n  (3) Prior to procurement of any credit or liquidity enhancements, the\nauthority shall, to the extent practicable:\n  (i) consider the ability of the credit or liquidity enhancement\nprovider to make required payments as and when due under the terms of\nthe appropriate governing instruments;\n  (ii) consider the business reputation of the credit or liquidity\nenhancement provider;\n  (iii) consider the maximum term of the credit or liquidity enhancement\nrelative to the maturity of the bonds, notes or other obligations being\ncredit or liquidity enhanced;\n  (iv) provide for the right of substitution for the credit or liquidity\nenhancement provider in all agreements, including a provision permitting\nsuch substitution when the rating of the credit or liquidity enhancement\nprovider falls below the probable credit rating of the issue without\nconsidering the credit or liquidity enhancer; and\n  (v) consider the cost of the credit or liquidity enhancement relative\nto the savings or other benefit likely to be achieved through the\nutilization of the credit or liquidity enhancement.\n  (4) Where the credit or liquidity enhancement procured is an\nirrevocable letter of credit or an acquisition arrangement with a\nliquidity enhancer, such instrument shall be:\n  (i) issued or confirmed by a bank holding company or its direct\nsubsidiaries, a federally chartered bank or its subsidiaries, or a state\nchartered bank or its subsidiaries, licensed or authorized to do\nbusiness in this state; and\n  (ii) issued or confirmed by an agency or branch of a foreign banking\ninstitution licensed to do business in this state with total worldwide\nassets in excess of five billion dollars.\n  (5) Any such issuing banking organization referred to in subparagraph\nfour of this paragraph shall meet the regulatory guidelines for capital\nadequacy as promulgated by the appropriate federal banking agency as\ndefined in the Federal Deposit Insurance Act, 12 U.S.C. 1813(q).\n  (6) Where the credit or liquidity enhancement procured is provided by\nan insurance company, such insurer shall be licensed to write financial\nguarantee insurance in this state.\n  (7) The failure of the authority to comply with subparagraphs three\nthrough six of this paragraph shall not invalidate or impair any credit\nor liquidity enhancement contract or instrument.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) pledging all or any part of the revenues of the authority,\ntogether with any other moneys or property of the authority, to secure\nthe payment of the bonds, subject to such agreements with bondholders as\nmay then exist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby, and\nthe use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of any project or part hereof in connection with which bonds are\nissued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the portion of\nbondholders which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) the terms and provisions of any trust, deed, mortgage or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section one thousand one hundred twenty-nine of\nthis title and limiting or abrogating the rights of the bondholders to\nappoint a trustee under such section or limiting the rights, duties and\npowers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which may in any\nway affect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  5. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any of its properties and the entrusting, pledging or\ncreation of any other security interest in any such revenues, moneys or\nproperties and the doing of any act (including refraining from doing any\nact) which the authority would have to do in the absence of such\nagreements. The authority shall have power to enter into amendments of\nany such agreements within the powers granted to the authority by this\ntitle and to perform such agreements. The provisions of any such\nagreements may be made a part of the contract with the holders of bonds\nof the authority.\n  6. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time such pledge is made or other security interest\nattaches without any physical delivery of the collateral or further act,\nand the lien of any such pledge, or other security interest shall be\nvalid, binding and perfected against all parties having claims of any\nkind in tort, contract or otherwise against the authority irrespective\nof whether or not such parties have notice thereof. No instrument by\nwhich such a pledge or security interest is created nor any financing\nstatement need be recorded or filed.\n  7. Whether or not the bonds are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for all the purposes of the uniform commercial code, subject only to\nthe provisions of the bonds for registration.\n  8. Neither the members of the authority nor any person executing bonds\nshall be liable personally thereon or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  9. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority, which shall thereupon be cancelled at a\nprice not exceeding; (i) if the bonds are then redeemable, the\nredemption price then applicable plus accrued interest to the next\ninterest payment date, or (ii) if the bonds are not then immediately\nredeemable then the redemption price applicable on the first date after\nsuch purchase upon which the bonds become subject to redemption, plus\naccrued interest to the next interest payment date.\n  * NB There are 2 § 1128's\n
N.Y. PBA Law § 1726 — New York Code / Act PBA / Article 8 / Title 6 / Section 1726
Definitions
Status: in_force

§ 1726. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" shall mean the New York city school construction\nauthority.\n  2. "Board" shall mean the board of trustees of the New York city\nschool construction authority.\n  3. "Council" shall mean the council of the city of New York.\n  4. "Chancellor" shall mean the chancellor of the city school district\nof the city of New York.\n  5. "City" shall mean the city of New York.\n  6. "City board" shall mean the board of education of the city school\ndistrict of the city of New York.\n  7. "Comptroller" shall mean the comptroller of the city of New York.\n  8. "Director of management and budget" shall mean the director of\nmanagement and budget of the city of New York.\n  9. "Educational facilities" shall have the meaning set forth in\nsubdivision nine of section twenty-five hundred ninety-a of the\neducation law.\n  10. "Mayor" shall mean the mayor of the city of New York.\n  11. "Project" shall have the meaning set forth in subdivision ten of\nsection twenty-five hundred ninety-a of the education law.\n  12. "State" shall mean the state of New York.\n
N.Y. VAT Law § 603-B — New York Code / Act VAT / Title 6 / Article 22 / Section 603-B
Accidents; police to indicate serious physical injury and death on simplified traffic information or summons and compliant
Status: in_force

§ 603-b. Accidents; police to indicate serious physical injury and\ndeath on simplified traffic information or summons and compliant. In\naddition to the requirements of section six hundred three of this\narticle and subdivision twelve of section eleven hundred ninety-two of\nthis chapter, in every case where a law enforcement officer is required\nto report pursuant to section six hundred three of this article and a\nperson is charged with a violation of this chapter arising out of such\naccident, the law enforcement officer alleging such charge shall make a\nclear notation in the "Description of Violation" section of a simplified\ntraffic information, or in an area provided on a summons and complaint\npursuant to subdivision one of section two hundred twenty-six of this\nchapter, if, arising out of the same accident, someone other than the\nperson charged was killed or suffered serious physical injury as defined\nin section 10.00 of the penal law; such notation shall be in the form of\na "D" if someone other than the person charged was killed and such\nnotation shall be in the form of a "S.P.I." if someone other than the\nperson charged suffered serious physical injury; provided however, that\nthe failure to make such notation shall in no way affect a charge for a\nviolation of this chapter.\n
N.Y. RSS Law § 341 — New York Code / Act RSS / Article 8 / Title 6 / Section 341
Allowances for service
Status: in_force

§ 341. Allowances for service. a. Generally. Subject to all provisions\nof law appertaining thereto and to such reasonable rules and regulations\nas the comptroller shall adopt or amend in pursuance thereof, he shall\ndetermine and may modify allowances for service and shall issue prior\nservice certificates and certificates for service in war after world war\nI. The comptroller, however, shall not allow more than one year of\ncredit for all service rendered in any calendar year.\n  b. Allowable service. Only the following types of service shall be\nallowable in computing service credits:\n  1. Police or fire service.\n  2. Government service.\n  3. Prior city and county service rendered in a city of the state or in\na county within the boundaries of such city, if such city has a pension\nsystem allowing credit for prior state and county service.\n  4. Prior service rendered to an employer before the latter became a\nparticipating employer. Such credit shall be allowable immediately upon\nsuch employer's becoming a participating employer. The employer for whom\nthe member is working at the time such prior service credit is allowed,\nshall pay the contribution required to be made by an employer on account\nof such credit.\n  5. Service rendered to the state or a participating employer while a\nmember of the state employees retirement system.\n  6. Civil service in any capacity as an officer or employee of the\nfederal government, or military duty in the armed forces of the federal\ngovernment and not otherwise creditable, rendered or performed by a\nmember prior to the time he or she last became a member. The allowance\nof credit for such service shall be conditioned upon the receipt by the\npolice and fire retirement system of all the payments required to be\nmade on account thereof by section three hundred forty-two of this\narticle.\n  7. Civil service rendered as an officer or employee of the federal\ngovernment as provided in subdivision d of section three hundred forty\nof this article. The allowance of credit for such service shall be\nconditioned upon the receipt by the retirement system of all the\npayments required to be made on account thereof by section three hundred\nforty-two of this article. Except as so provided, employment by the\nfederal government shall not entitle a person to contribute to the\npolice and fire retirement system during the period of such employment.\n  8. Any member may obtain credit for any allowable service:\n  (a) For which he made contributions, regardless of whether such\ncontributions were returned to him when he left such service, or\n  (b) Rendered by him while not a member of any retirement system that\nis actuarially sound and of which the state or municipality thereof is a\ncontributor,\nprovided he makes the contributions required by this article for such\ncredit and renders at least two years of member service after he last\nbecame a member.\n  No credit shall be allowed for service if, but for the member's\nfailure to avail himself of the privilege of transfer within the time\nand in the manner provided in section three hundred forty-three of this\narticle, credit for such service could have been obtained upon transfer\nfrom another retirement system pursuant to such section.\n  c. Purchase of previous member service credit.\n  1. A member who has not previously been a member may purchase credit\nat any time for all allowable member service; provided, however, that a\nmember joining the system pursuant to paragraph one of subdivision c of\nsection three hundred forty of this article shall not be permitted to\npurchase credit for, or otherwise be allowed credit for the previous\nservice upon which his retirement or pension from another pension or\nretirement system is or would be based. In order to purchase credit,\nwhich may be purchased pursuant to this paragraph, the member shall pay\ninto the annuity savings fund, either in a lump sum or in installments,\na sum equal to the amount which would have been in such fund to his\ncredit had he actually been a member contributing thereto during the\nentire period of such previous member service. If such payment be made\nin installments, the same shall be paid within a period no greater than\nthe number of months of such member service.\n  2. A member who, after a previous membership, withdrew all or part of\nhis accumulated contributions shall be credited with all allowable\nservice rendered prior to such withdrawal, provided he:\n  (a) Renders at least two years of member service after his last\nwithdrawal, and\n  (b) Redeposits such withdrawn amount in the annuity savings fund,\neither in a lump sum or in installments; provided, however, that a\nmember joining the police and fire retirement system pursuant to\nparagraph three of subdivision c of section three hundred forty of this\narticle shall not be permitted to purchase credit for, or otherwise be\nallowed credit for the previous service upon which his or her retirement\nor pension from another pension or retirement system is or would be\nbased.  If such payment be made in installments, the same shall be paid\nwithin a period no greater than the number of months of member service\nlost by such withdrawal.\n  d. Credit allowable only if paid for. In the event that a member\nretires or that any benefit becomes payable because of his membership in\nthe retirement system prior to the completion of all of the payments\nrequired to be made by him as a condition precedent to his obtaining\ncredit for member service, the amount of his retirement allowance or\nsuch other benefits shall be based only on:\n  1. The service rendered by him since he last became a member of the\nretirement system and for which contributions have been paid by him, and\n  2. Any additional service, all the conditions precedent to the\ncrediting of which have been completely fulfilled by him. However, if\nthe full amount of the payments required to be made by the member is not\npaid to the retirement system, the amount of service credit shall be\nproportional to the total amount of the payments made.\n  e. Waiver of membership requirement in certain cases. In the case of a\nperson in the employ of a participating employer, the requirements in\nsections three hundred sixty and three hundred seventy-five of this\narticle that a member must have credit for one or more years of service\nas a member shall not apply if:\n  1. Such person became a member within one year after his employer\nbecame a participating employer, and\n  2. He was in the service of such participating employer for the entire\nyear previous to his retirement or death.\n  f. Restoration of credit in certain cases.\n  1. A member who has been discontinued from service through no fault of\nhis own and who has withdrawn his accumulated contributions shall have\nhis total service credit restored in full if:\n  (a) He had less than twenty years of total service credit when he was\nso discontinued, and\n  (b) He returns to service within ten years after such discontinuance,\nand\n  (c) He redeposits the total amount so withdrawn by him and\n  (d) His employer elects to and does pay to the pension accumulation\nfund an amount equal to the reserve required to cover such restoration\nof credit.\n  2. Upon such return to service, such member shall contribute to the\npolice and fire retirement system as a new member.\n  3. In the event such a member retires before his employer makes such\npayment, he may elect to receive his benefit immediately as if full\nservice credit were allowable. He thereupon shall be entitled to receive\nthe full amount of such benefit for such period as the same can be paid\nfrom the combined reserve available on his account in the annuity\nreserve fund and pension reserve fund. When his employer makes such\npayment, his benefit thereafter shall be continued from the reserve so\npaid.\n  4. The provisions of this subdivision f shall be controlling\nnotwithstanding any provision in this article to the contrary.\n  g. Prior service credit and credit for service in war after world war\nI in certain cases. Allowable prior service credit and allowable credit\nfor service in war after world war I shall be granted immediately to:\n  1. Any member who shall have rendered at least two years of service\nsince he last became a member.\n  2. Any person who is in the service of a participating employer on the\ndate it approves participation and who becomes a member within one year\nafter such date.\nThe employer for whom the member is working at the time such prior\nservice credit or credit for service in war after world war I is\nallowed, shall pay the contribution required to be made by an employer\non account of such credit.\n  h. Prior service certificates and certificates for service in war\nafter world war I.\n  1. The comptroller shall issue a certificate, to be known as a prior\nservice certificate, to each member entitled to prior service credit.\nSuch certificate shall certify the amount of such credit which shall be\nallowed in computing any pension provided for by this article.\n  2. The comptroller, upon application, shall issue a certificate for\nservice in war after world war I to each member entitled thereto. Such\ncertificate shall certify to service in war after world war I allowable\nto such member.\n  3. The comptroller, upon application of a member at any time, or upon\nhis own initiative within one year from the date of issuance of a prior\nservice certificate or a certificate for service in war after world war\nI may modify any such certificate in accordance with the allowance for\nprior service or service in war after world war I credit to which the\nmember is shown to be entitled.\n  4. A member's prior service certificate, certificate for service in\nwar after world war I, or any such certificate as modified, shall become\nvoid upon the termination of his or her membership in the police and\nfire retirement system. Except as provided by subdivision d of section\nfour hundred two of this article, resumption of membership after such\ntermination shall be without credit for prior service or service in war\nafter world war I.\n  i. Allowances during leaves of absence without pay.\n  1. Time during which a member is absent on leave without pay:\n  (a) Shall not be included in computing prior service.\n  (b) May be included in computing member service and final average\nsalary only if the head of the department in which such member is\nemployed and the comptroller allow such time for retirement purposes at\nthe time such leave of absence is granted.\n  (c) Shall be included in computing member service and final average\nsalary in case such a leave of absence was granted, during the period\nfrom March first, nineteen hundred forty, until six months after the\ntermination of world war II, to enable the member to enter the service\nof the federal government or its associated powers, or to engage in war\nwork or defense industries only if:\n  (1) The fact that such service was rendered is established to the\nsatisfaction of the comptroller, and\n  (2) Such member shall have notified the comptroller in writing, on or\nbefore July first, nineteen hundred forty-seven, or within one year\nafter such leave of absence was granted, that he claims member service\ncredit pursuant to the provisions of this subparagraph c, and\n  (3) Such member, within a period not greater than the number of months\nduring which he was on leave of absence, shall pay into:\n  (aa) The annuity savings fund such amounts as would have been in such\nfund to his credit had he remained in the performance of his regular\nduties as a member at the same salary he was receiving when such leave\nof absence was granted, and\n  (bb) The pension accumulation fund such amounts as would have been in\nsuch fund had he remained in the performance of his regular duties. Such\namounts shall be determined by the actuary and shall be sufficient to\npay the contribution that the state or a participating employer would\nhave paid for an ordinary death benefit and for that portion of the\npension provided for in paragraph two of subdivision a or paragraph two\nof subdivision b of section three hundred seventy-five of this article\nfor service during such period.\n  (d) Shall be included in computing member service and final average\nsalary in case such a leave of absence commenced during the period from\nApril first, nineteen hundred sixty-six through June thirtieth, nineteen\nhundred seventy-four, and was granted for a period of not more than two\nyears to enable the member to perform services as a civilian officer or\nemployee of the Federal government or one of its agencies or a\ncontractor of the United States Agency for International Development\nengaged to perform the work of such agency, the United Nations, any\nother international organization of which the United States of America\nis a member, or a foreign government only if:\n  (1) The comptroller allows inclusion of such time for retirement\npurposes at the time such leave of absence is granted, and\n  (2) Payment during such leave of absence or within one year after the\nend of such leave of absence is made by the employee into:\n  (aa) The annuity savings fund of contributions equal to the\ncontributions which the member would have made during the period of such\nleave of absence had he been performing his regular duties, and\n  (bb) The pension accumulation fund of a further contribution equal to\nthe contribution which his employer would have made on his behalf during\nthe period of such leave of absence had he been performing his regular\nduties. The payments required by this item (bb) may be made on the\nmember's behalf by the organization employing him during such leave of\nabsence.\n  j. Allowance for unused sick leave for members in the employ of the\nstate.\n  1. In addition to any other service credit to which he or she is\nentitled, a member who meets the requirements set forth in paragraphs\ntwo and three of this subdivision shall be granted one day of additional\nservice credit for each day of accumulated unused sick leave which he or\nshe has at time of retirement for service, but such credit shall not (a)\nexceed one hundred sixty-five days, (b) be considered in meeting any\nservice or age requirements prescribed in this chapter, and (c) be\nconsidered in computing final average salary. However, for a member of\nthe collective negotiating units established by article fourteen of the\ncivil service law designated the security services negotiating unit, the\nsecurity supervisors negotiating unit and effective on and after June\ntwenty-seventh, two thousand seventeen, the agency police services unit\nsuch service credit limitation provided in subparagraph (a) of this\nparagraph shall not exceed two hundred days.\n  2. Such service retirement credit shall be granted only to members in\nthe employ of the state, other than members of the state police in a\ncollective negotiating unit defined in the certification of the public\nemployment relations board dated December twenty-ninth, nineteen hundred\nseventy in case numbers C-0570 and C-0575 established pursuant to\narticle fourteen of the civil service law, who prior to retirement were\nsubject to a plan established by law, rule, regulation, written order or\nwritten policy which provided for the regular earning and accumulation\nof sick leave, provided, however, that such service retirement credit\nshall be granted to members of the state police who are in the\ncollective negotiating unit defined in the certification of the public\nemployment relations board dated November twentieth, nineteen hundred\neighty-one in case number C-2298 and in case number C-2299, and to such\na member in the negotiating unit defined in such board's certification\ndated April second, nineteen hundred eighty-five, in case number C-2819\nestablished pursuant to article fourteen of the civil service law, who\nretire on or after the first day of June, nineteen hundred eighty-five.\n  3. In the case of persons who last became members on or after July\nfirst, nineteen hundred seventy-three, the provisions of this\nsubdivision shall apply only to those retiring from service prior to\nJuly first, nineteen hundred seventy-four.\n  k. Credit for certain world war II service. 1. In addition to credit\nfor military service as defined in paragraph one of subdivision\nthirty-one of section three hundred two of this chapter a member in the\nemploy of the state, other than a member of the state police in\ncollective negotiating units established pursuant to article fourteen of\nthe civil service law, as of March thirty-first, nineteen hundred\nseventy, may obtain credit for military service as defined in paragraph\ntwo of subdivision thirty-one of section two of this chapter in\naccordance with the provisions of this subdivision.\n  2. To obtain such credit a member shall: (a) deposit in the annuity\nsavings fund a sum equal to the product of his normal rate of\ncontribution at time of entry into state service, his annual rate of\ncompensation at that time, and the period of military service being\nclaimed, with regular interest, and (b) deposit in the pension\naccumulation fund a sum equal to the product of the state's normal\ncontribution rate at the time of the member's entry into such service,\nhis annual rate of compensation at that time, and the period of military\nservice being claimed, with regular interest. Such deposit must be made\non or before March thirty-first, nineteen hundred seventy-two, provided,\nhowever, such member may elect to deposit such amount over a period of\ntime no greater than the period for which credit is being claimed, in\nwhich case such payments must commence no later than March thirty-first,\nnineteen hundred seventy-two. If the full amount of such payments is not\npaid to the retirement system, the amount of service credited shall be\nproportional to the total amount of the payments made.\n  3. (a) A member who enters the employ of the state on or after April\nfirst, nineteen hundred seventy and prior to April first, nineteen\nhundred seventy-two shall have one year from his date of entry to make\napplication and payment for such service in the manner specified above.\nThe salary base for such an employee shall be his annual rate of\ncompensation at the time of his entry into state service.\n  (b) A member who reenters the employ of the state on or after April\nfirst, nineteen hundred seventy and prior to April first, nineteen\nhundred seventy-two shall have one year from his date of reentry to make\napplication and payment for such service in the manner specified above.\nThe salary base for such payments shall be either the employee's (i)\nannual rate of compensation at the time of original entry into such\nservice or (ii) his annual rate of compensation upon reentry into such\nservice, whichever would result in the greatest contributions.\n  4. Such credit for military service shall not be used to increase a\nservice retirement benefit if at the time of retirement such member (a)\nis retiring from service with less than ten years of total service\ncredit, or (b) is retiring with less than three years of member service\nrendered subsequent to the date of last entry into state service; upon\nretirement as specified in (a) or (b), there shall be refunded to such\nmember the amount of such deposit plus accrued interest exclusive of the\namount deposited to the pension accumulation fund attributable to death\nand disability benefits.\n  5. For the purposes of this subdivision the member's normal rate of\ncontribution in the case of an employee of the state who (a) enters\nservice on or after the date that employee contributions were reduced\npursuant to section seventy-a or that no employee contributions were\nrequired shall be based on the latest schedule of normal contribution\nrates in effect for employees of the state, and shall be set as if such\nschedule had been in effect at the time of his entry into state service,\nor (b) transfers into the retirement system shall not be less than the\nrate the member would have had if all his service, exclusive of that\nbeing claimed pursuant to this subdivision, had been rendered as a\nmember of the retirement system.\n  6. In no event shall credit be granted pursuant to this subdivision if\ncredit is granted for the same period of time pursuant to other\nprovisions of law.\n  7. Subject to the provisions of paragraph three of this subdivision no\napplication for credit pursuant to the provisions of this subdivision\nshall be honored if made on or after April first, nineteen hundred\nseventy-two.\n  8. A member may direct, upon a form prepared by the comptroller, that\nhis excess contributions be applied toward the payment required by this\nsubdivision. The term excess contributions shall mean accumulated\ncontributions in excess of the amount thereof required to provide a\npension or retirement allowance. Appropriate transfers and credits to\nthe annuity savings fund and the pension accumulation fund will be made\nin the manner set forth in the official regulation adopted by the\ncomptroller for such purpose.\n  * l. Employer pick-up of contributions in respect of previous service\nor military service. Notwithstanding any other provision of law, any\nmember eligible to purchase credit for previous service with a public\nemployer pursuant to this section or section three hundred forty-two of\nthis title or to purchase credit for military service pursuant to\narticle twenty of this chapter, may elect to purchase any or all of such\nservice by executing a periodic payroll deduction agreement where and to\nthe extent such elections are permitted by the retirement system by rule\nor regulation. Such agreement shall set forth the amount of previous\nservice or military service being purchased, the estimated total cost of\nsuch service credit, and the number of payroll periods in which such\nperiodic payments shall be made. Such agreement shall be irrevocable,\nshall not be subject to amendment or modification in any manner, and\nshall expire only upon completion of payroll deductions required\ntherein. Notwithstanding the foregoing, any member who has entered into\nsuch a payroll deduction agreement and who terminates employment prior\nto the completion of the payments required therein shall be credited\nwith any service as to which such members shall have paid the\ncontributions required under the terms of the agreement.\n  * NB Takes effect upon notice of ruling by Internal Revenue Service --\nexpires per ch. 627/2007 §22\n
N.Y. PBA Law § 1149-B — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-B
Seneca county water and sewer authority district
Status: in_force

§ 1149-b. Seneca county water and sewer authority district. There is\nhereby defined and established a district to be known as the "Seneca\ncounty water and sewer authority district" which shall embrace all of\nthe territory located within the county of Seneca.\n
N.Y. EDN Law § 4315 — New York Code / Act EDN / Title 6 / Article 87 / Section 4315
Drafts upon state treasury
Status: in_force

§ 4315. Drafts upon state treasury.  All moneys appropriated for such\nschool or derived from other sources in the course of the administration\nthereof shall be expended upon vouchers approved by the commissioner of\neducation, when and in the manner authorized by the board of regents.\n
N.Y. EDN Law § 4303 — New York Code / Act EDN / Title 6 / Article 87 / Section 4303
Appointment and terms of board of visitors
Status: in_force

§ 4303. Appointment and terms of board of visitors.  The governor\nshall appoint each year, by and with the consent of the senate, one\nmember of the board of visitors who shall serve for a term of seven\nyears.  Two of the board must be residents of the county of Genesee and\na majority must be residents within fifty miles of said school.\n
N.Y. PBA Law § 1149-R — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-R
Audit and annual report
Status: in_force

§ 1149-r. Audit and annual report. In conformity with the provisions\nof section five of article ten of the constitution, the accounts of the\nauthority shall be subject to the supervision of the comptroller. The\nauthority shall annually submit to the governor and comptroller and to\nthe state legislature a detailed report pursuant to the provisions of\nthis chapter, and a copy of such report shall be filed with the board of\nsupervisors.\n
N.Y. PBA Law § 1140*2 — New York Code / Act PBA / Article 5 / Title 6-C* / Section 1140*2
Limited liability
Status: in_force

* § 1140. Limited liability. Neither the members of the governing\nbody, nor any municipality, officer or employee acting in its behalf,\nwhile acting within the scope of their authority, shall be subject to\nany personal liability resulting from the construction, maintenance or\noperation of any of the properties of the authority or from carrying out\nany of the powers expressly given in this title; provided, however, that\nthis section shall not be held to apply to any independent contractor.\n  * NB There are 2 § 1140's\n
N.Y. PBA Law § 1149-W — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-W
Effect of inconsistent provisions
Status: in_force

§ 1149-w. Effect of inconsistent provisions. Insofar as the provisions\nof this title are inconsistent with the provisions of any other general,\nspecial or local law, or of any charter or any local law, ordinance or\nresolution of the county or other municipality, the provisions of this\ntitle shall be controlling, provided that nothing contained in this\nsection shall be held to supplement or otherwise expand the powers or\nduties of the authority otherwise set forth in this title. Nothing\ncontained in this title shall be held to alter or abridge the powers and\nduties of the department of environmental conservation or the department\nof health.\n
N.Y. EDN Law § 4401-A — New York Code / Act EDN / Title 6 / Article 89 / Section 4401-A
Referral and evaluation for special education services or programs
Status: in_force

* § 4401-a. Referral and evaluation for special education services or\nprograms. 1. Any student suspected of having a disability may be\nreferred for initial evaluation to determine if the student is a student\nwith a disability by the parent or person in parental relation, the\ncommissioner or a designee of a public agency responsible for providing\neducation to students with disabilities, including but not limited to\nthe school district in which the student resides. In addition, a\nprofessional staff member of the school which the student attends or\nprofessional staff member of the school district in which the student\nresides, physician, judicial officer, professional staff member of a\npublic agency, or the pupil himself or herself if such pupil is eighteen\nyears of age or older or is an emancipated minor may request that the\nschool district in which the student resides refer the student for\ninitial evaluation.\n  2. A request for referral submitted by an individual other than the\nstudent student or a judicial officer shall:\n  a. state the reasons in writing for the referral and include any test\nresults, records or reports upon which the referral is based unless such\ntest results, records or reports are unavailable;\n  b. describe in writing, intervention services programs or\ninstructional methodologies to remediate the student's performance prior\nto referral including any supplementary aids or support services\nprovided for this purpose or state the reason why no such attempts were\nmade; and\n  c. describe the extent of contact or involvement prior to the referral\nwith the parent or person in parental relationship.\n  3. A referral submitted by a parent or person in parental relation\nshall be submitted in writing to the chairperson of the committee on\nspecial education or the building administrator of the school which the\nstudent attends or is eligible to attend. If such referral is submitted\nto the building administrator, the building administrator shall forward\na copy to the chairperson of the committee on special education. If such\nreferral is submitted to the chairperson of the committee such\nchairperson shall forward a copy of such referral to the building\nadministrator of the school which the student attends or is eligible to\nattend. A referral submitted by any other individual shall be submitted\nin writing to the chairperson of the committee on special education or\nthe building administrator of the school which the student attends or is\neligible to attend. The building administrator may request a meeting\nwith the parent or person in parental relation to the student for the\npurpose of discussing educational alternatives to special education.\nSuch alternatives may include the provision of services designed to\naddress the learning needs of the student and maintain a child's\nplacement in general education with the provision of appropriate\neducational and support services. Nothing contained in this section\nshall in any way impede a committee on special education from continuing\nits duties and functions under this article with regard to a student\nreferred for special education or a parent's access to the committee,\nexcept that, if the parent concurs in writing with the building\nadministrator to the provision of educational alternatives to special\neducation, the referral shall be deemed withdrawn.\n  4. The individual evaluation of the educational needs of a student\nreferred to the committee on special education shall be conducted by\nqualified individuals, in accordance with regulations of the\ncommissioner, with the results of such evaluation forwarded to the\ncommittee on special education and the student's parent or person in\nparental relation.\n  5. Special education services and programs shall be provided after the\nappropriateness of the resources of the regular education program,\nincluding, but not limited to, support services, speech and language\nservices, additional educational services and remedial instruction, have\nbeen considered. Each school district shall develop a plan and policies\nfor implementing school wide approaches and pre-referral interventions\nin order to implement the provisions of this subdivision.\n  6. If the committee on special education has determined that placement\nin special education services or programs is not appropriate for the\nchild under consideration, a copy of the committee's recommendation and\npertinent information supporting such recommendation shall be forwarded\nto the building administrator of the school which the child attends and\nto the parent or person in parental relation to the child. The building\nadministrator shall determine which support services, speech and\nlanguage services and additional educational services should be provided\nto the child in order to assist the child to benefit from a program of\nregular education and, to the extent available, shall assure that those\nservices are provided. Nothing contained in this subdivision shall be\nconstrued to limit the right of the parent or a person in parental\nrelation to the student to make a referral or to appeal the\nrecommendation of the committee on special education in accordance with\nthe provisions contained in section forty-four hundred four of this\nchapter.\n  * NB Effective until June 30, 2027\n  * § 4401-a. Referral and evaluation for special education services or\nprograms. 1. Any pupil suspected of having a handicapping condition may\nbe referred for special education services or programs by the parent or\nperson in parental relationship, professional staff member of the school\nwhich the pupil attends or professional staff member of the school\ndistrict in which the pupil resides, physician, judicial officer, the\ncommissioner or designee of a public agency, the pupil himself or\nherself if such pupil is eighteen years of age or older or is an\nemancipated minor.\n  2. A referral submitted by an individual other than the pupil, the\npupil's parent or person in parental relationship or a judicial officer\nshall:\n  a. state the reasons in writing for the referral and include any test\nresults, records or reports upon which the referral is based unless such\ntest results, records or reports are unavailable;\n  b. describe in writing, intervention services programs or\ninstructional methodologies to remediate the pupil's performance prior\nto referral including any supplementary aids or support services\nprovided for this purpose or state the reason why no such attempts were\nmade; and\n  c. describe the extent of contact or involvement prior to the referral\nwith the parent or person in parental relationship.\n  3. A referral submitted by a parent, a person in parental relationship\nor the pupil, shall be submitted in writing to the chairperson of the\ncommittee on special education or the building administrator of the\nschool which the pupil attends or is eligible to attend. If such\nreferral is submitted to the building administrator, the building\nadministrator shall forward a copy to the chairperson of the committee\non special education. If such referral is submitted to the chairperson\nof the committee such chairperson shall forward a copy of such referral\nto the building administrator of the school which the pupil attends or\nis eligible to attend. A referral submitted by any other individual\nshall be submitted in writing to the chairperson of the committee on\nspecial education or the building administrator of the school which the\npupil attends or is eligible to attend. The building administrator may\nrequest a meeting with the parent, person in parental relationship to\nthe pupil and/or the pupil for the purpose of discussing educational\nalternatives to special education. Such alternatives may include the\nprovision of educationally related support services or any other\nservices designed to address the learning needs of the student and\nmaintain a child's placement in general education with the provision of\nappropriate educational and support services. Nothing contained in this\nsection shall in any way impede a committee on special education from\ncontinuing its duties and functions under this article with regard to a\npupil referred for special education or a parent's access to the\ncommittee, except that, if the parent concurs in writing with the\nbuilding administrator to the provision of educational alternatives to\nspecial education, the referral shall be deemed withdrawn.\n  4. The individual evaluation of the educational needs of a pupil\nreferred to the committee on special education shall be conducted by\nqualified individuals, in accordance with regulations of the\ncommissioner, with the results of such evaluation forwarded to the\ncommittee on special education and the pupil's parent or person in\nparental relationship.\n  5. Special education services and programs shall be provided after the\nappropriateness of the resources of the regular education program,\nincluding educationally related support service, speech and language\nimprovement services and remedial instruction, have been considered.\nEach school district shall develop a plan and policies for implementing\nschool wide approaches and prereferral interventions in order to\nimplement the provisions of this subdivision.\n  6. If the committee on special education has determined that placement\nin special education services or programs is not appropriate for the\nchild under consideration, a copy of the committee's recommendation and\npertinent information supporting such recommendation shall be forwarded\nto the building administrator of the school which the child attends and\nto the parent or person in parental relationship to the child. The\nbuilding administrator shall determine which educationally related\nsupport services, speech and language improvement services and\nadditional educational services should be provided to the child in order\nto assist the child to benefit from a program of regular education and,\nto the extent available, shall assure that those services are provided.\nNothing contained in this subdivision shall be construed to limit the\nright of the parent, a person in parental relationship to the pupil or\nthe pupil to make a referral or to appeal the recommendation of the\ncommittee on special education in accordance with the provisions\ncontained in section forty-four hundred four of this chapter.\n  * NB Effective June 30, 2027\n
N.Y. EDN Law § 4314 — New York Code / Act EDN / Title 6 / Article 87 / Section 4314
Protection of pupils
Status: in_force

§ 4314. Protection of pupils. The department shall:\n  (a) Promulgate regulations concerning standards for the protection of\nchildren in residential care from reportable incidents in accordance\nwith this section and article eleven of the social services law,\nincluding procedures for:\n  (i) consistent with appropriate collective agreements and applicable\nprovisions of the civil service law, the review and evaluation of the\nbackgrounds of and the information supplied by any person applying to be\nan employee, a volunteer or consultant, which shall include but not be\nlimited to the following requirements: that the applicant set forth his\nor her employment history, provide personal and employment references,\nand relevant experiential and educational information, and sign a sworn\nstatement indicating whether the applicant, to the best of his or her\nknowledge, has ever been convicted of a crime in this state or any other\njurisdiction;\n  (ii) establishing for employees, relevant minimal experiential and\neducational qualifications consistent with appropriate collective\nbargaining agreements and applicable provisions of the civil service\nlaw;\n  (iii) assuring adequate and appropriate supervision of employees,\nvolunteers and consultants;\n  (iv) demonstrating by a residential facility or program that\nappropriate action is taken to assure the safety of the child who is\nalleged to have been subjected to a reportable incident in a report to\nthe vulnerable persons' central register in accordance with section four\nhundred ninety-two of the social services law as well as other children\nin care, immediately upon notification that such a report of an\nallegation of a reportable incident has been made;\n  (v) removing a child when it is determined that there is risk to such\nchild if he or she continues to remain within a residential facility or\nprogram; and\n  (vi) appropriate preventive and remedial action to be taken including\nlegal actions, consistent with appropriate collective bargaining\nagreements and applicable provisions of the civil service law.\n  Such standards shall also establish as a priority requirements that:\n(1) subject to the amounts appropriated therefor, administrators,\nemployees, volunteers and consultants receive training in at least the\nfollowing:  child abuse prevention and identification, safety and\nsecurity procedures, the principles of child development, the\ncharacteristics of children in care and techniques of group and child\nmanagement including crisis intervention, the laws, regulations and\nprocedures governing the protection of children from reportable\nincidents, and other appropriate topics, provided however, that the\ndepartment may exempt administrators and consultants from such\nrequirements upon demonstration of substantially equivalent knowledge or\nexperience; and\n  (2) subject to the amounts appropriated therefor, children receive\ninstruction, consistent with their age, needs and circumstances as well\nas the needs and circumstances within the facility or program, in\ntechniques and procedures which will enable such children to protect\nthemselves from reportable incidents.\n  The department, in consultation with the executive director of the\njustice center for the protection of people with special needs, shall\ntake all reasonable and necessary actions to assure that employees,\nvolunteers and consultants in residential facilities are kept apprised\non a current basis of all department policies and procedures relating to\nthe protection of children from reportable incidents and shall monitor\nand supervise the provision of training to such employees, volunteers\nand consultants. Regulations and standards developed pursuant to this\nsection shall, to the extent possible, be consistent with those\npromulgated by other state agencies for such purposes;\n  (vii) consistent with applicable collective bargaining agreements,\nassuring that an individual who has committed a category one offense, as\ndefined in paragraph (a) of subdivision four of section four hundred\nninety-three of the social services law, that is included on the\nvulnerable persons' central register is not hired or otherwise used in\nany position in which such individual would have regular and substantial\ncontact with a service recipient in any program described in paragraph\n(e) of subdivision four of section four hundred eighty-eight of the\nsocial services law.\n  (b) Provide for the development and implementation of a plan of\nprevention and remediation with respect to a substantiated report of\nabuse or neglect. Such action shall include: (i) within ten days of\nreceipt of such a substantiated report, development and implementation\nof a plan of prevention and remediation to be taken with respect to a\ncustodian or the residential facility in order to assure the continued\nhealth and safety of children and to provide for the prevention of\nfuture acts constituting reportable incidents; and (ii) development and\nimplementation of a plan of prevention and remediation, in the event an\ninvestigation of a report of an allegation of abuse or neglect\ndetermines that a preponderance of the evidence of such allegation\nexists and such substantiated allegation may be attributed in whole or\nin part to noncompliance by the residential facility or program with\nprovisions of this chapter or regulations of the department applicable\nto the operation of such residential facility or program. Any plan of\nprevention and remediation required to be developed pursuant to this\nsubdivision by a facility supervised by the department shall be\nsubmitted to and approved by the department in accordance with time\nlimits established by regulations of the department. Implementation of\nthe plan shall be monitored by the department. In reviewing the\ncontinued qualifications of a residential facility or program for an\noperating certificate, the department shall evaluate such facility's\ncompliance with plans of prevention and remediation developed and\nimplemented pursuant to this subdivision.\n
N.Y. EDN Law § 4410 — New York Code / Act EDN / Title 6 / Article 89 / Section 4410
Special education services and programs for preschool children with disabilities
Status: in_force

§ 4410. Special education services and programs for preschool children\nwith disabilities. 1. Definitions. As used in this section:\n  a. "Approved evaluator" means either:\n  (1) a program approved by the commissioner pursuant to paragraph b of\nsubdivision nine of this section; or\n  (2) a school district or group of appropriately licensed and/or\ncertified professionals associated with a public or private agency\napproved by the commissioner pursuant to subdivision nine-a of this\nsection.\n  b. "Approved program" means a program approved by the commissioner\npursuant to paragraph a of subdivision nine of this section.\n  c. "Board" means:\n  (i) a board of education as defined in section two of this chapter; or\n  (ii) trustees of a common school district as defined in section\nsixteen hundred one of this chapter.\n  d. "City or county official" means the chief executive officer, or, in\nany county which does not have a chief executive officer, the county\ngoverning body, or the mayor of the city of New York.\n  e. "Committee" means committee on preschool special education.\n  f. "First eligible for services" means the earliest date on which a\nchild becomes age-eligible for services pursuant to this section, and as\ndefined in regulations of the commissioner in accordance with applicable\nfederal law and regulations, except that a child who is already\nreceiving services under section two hundred thirty-six of the family\ncourt act or its successor may, if the parent so chooses, continue to be\neligible to receive such services through August thirty-first of the\ncalendar year in which the child first becomes age-eligible to receive\nservices pursuant to this section.\n  g. "Municipality" means a county outside the city of New York or the\ncity of New York in the case of a county contained within the city of\nNew York.\n  h. "Parent" means parent or person in parental relation.\n  i. "Preschool child" means a child with a disability as defined in\nsection forty-four hundred one of this article who is first eligible for\nservices as defined in paragraph f of this subdivision but who will not\nhave become five years of age on or before December first of the school\nyear, or a later date if a board establishes such later date for\neligibility to attend school. A child shall be deemed a preschool child\nthrough the month of August of the school year in which the child first\nbecomes eligible to attend school pursuant to section thirty-two hundred\ntwo of this chapter.\n  j. "Related services" means those services as defined in paragraph k\nof subdivision two of section forty-four hundred one of this article\nprovided to a preschool child at a site determined by the board,\nincluding but not limited to an approved or licensed prekindergarten or\nhead start program; the work site of the provider; the child's home; a\nhospital; a state facility; or a child care location as defined in\nparagraph a of subdivision eight of this section. If the board\ndetermines that documented medical or special needs of the preschool\nchild indicate that the child should not be transported to another site,\nthe child shall be entitled to receive related services in the preschool\nchild's home.\n  k. "Special education itinerant services" means an approved program\nprovided by a certified special education teacher on an itinerant basis\nin accordance with the regulations of the commissioner, at a site\ndetermined by the board, including but not limited to an approved or\nlicensed prekindergarten or head start program; the child's home; a\nhospital; a state facility; or a child care location as defined in\nparagraph a of subdivision eight of this section. If the board\ndetermines that documented medical or special needs of the preschool\nchild indicate that the child should not be transported to another site,\nthe child shall be entitled to receive special education itinerant\nservices in the preschool child's home.\n  2. Provision of services. The board of each school district shall be\nresponsible for the provision of special education services and programs\nto preschool children in accordance with the provisions of subdivision\ntwo of section four thousand four hundred one of this article, except as\notherwise limited by regulations of the commissioner; provided, however,\nthat prior to July first, nineteen hundred ninety-one, a board shall be\nresponsible for the provision of special education services and programs\nto a preschool child only to the extent that there is an approved\nprogram available for such preschool children.\n  3. Committee on preschool special education. a. Each such board shall\nestablish one or more committees to conduct meetings to develop, review\nand revise the individualized education program of a preschool child\nwith a disability.\n  * (1) Such board shall ensure that such committee is composed of at\nleast the following members: (i) the parents of the preschool child;\n(ii) a regular education teacher of such child, whenever the child is or\nmay be participating in a regular education environment; (iii) a special\neducation teacher of the child or, if appropriate, a special education\nprovider of the child; (iv) an appropriate professional employed by the\nschool district who is qualified to provide, or supervise the provision\nof, special education, who is knowledgeable about the general curriculum\nof the school district and the availability of preschool special\neducation programs and services and other resources in the school\ndistrict and the municipality, and who shall serve as chairperson of the\ncommittee; (v) an additional parent of a child with a disability who\nresides in the school district or a neighboring school district and\nwhose child is enrolled in a preschool or elementary level education\nprogram, provided that such parent shall not be employed by or under\ncontract with the school district or municipality, and provided further\nthat such additional parent shall not be a required member unless the\nparents, or a member of the committee on preschool special education,\nrequest that such additional parent member participate in accordance\nwith this subparagraph; (vi) an individual who can interpret the\ninstructional implications of evaluation results, provided that such\nindividual may be the member appointed pursuant to clause (ii), (iii),\n(iv) or (vii) of this subparagraph where such individuals are determined\nby the school district to have the knowledge and expertise to do so;\n(vii) such other persons having knowledge or expertise regarding the\nchild as the board or the parents shall designate, to the extent\nrequired under federal law; and for a child in transition from programs\nand services provided pursuant to applicable federal laws relating to\nearly intervention services, at the request of the parent or person in\nparental relation to the child, the appropriate professional designated\nby the agency that has been charged with the responsibility for the\npreschool child pursuant to said applicable federal laws. In addition,\nthe chief executive officer of the municipality of the preschool child's\nresidence shall appoint an appropriately certified or licensed\nprofessional to the committee. Attendance of the appointee of the\nmunicipality shall not be required for a quorum. The additional parent\nneed not be in attendance at any meeting of the committee on preschool\nspecial education unless specifically requested in writing, at least\nseventy-two hours prior to such meeting, by the parents or other person\nin parental relation to the student in question or a member of the\ncommittee on preschool special education. The parents or persons in\nparental relation of the student in question shall receive proper\nwritten notice of their right to have an additional parent attend any\nmeeting of the committee regarding the student along with a statement,\nprepared by the department, explaining the role of having the additional\nparent attend the meeting.\n  * NB Effective until June 30, 2027\n  * (1) Such board shall ensure that such committee is composed of at\nleast the following members: (i) the parents of the preschool child;\n(ii) a regular education teacher of such child, whenever the child is or\nmay be participating in a regular education environment; (iii) a special\neducation teacher of the child or, if appropriate, a special education\nprovider of the child; (iv) an appropriate professional employed by the\nschool district who is qualified to provide, or supervise the provision\nof, special education, who is knowledgeable about the general curriculum\nof the school district and the availability of preschool special\neducation programs and services and other resources in the school\ndistrict and the municipality, and who shall serve as chairperson of the\ncommittee; (v) an additional parent of a child with a disability who\nresides in the school district or a neighboring school district and\nwhose child is enrolled in a preschool or elementary level education\nprogram, provided that such parent shall not be employed by or under\ncontract with the school district or municipality, and provided further\nthat such additional parent shall not be a required member if the\nparents request that such additional parent member not participate; (vi)\nan individual who can interpret the instructional implications of\nevaluation results, provided that such individual may be the member\nappointed pursuant to clause (ii), (iii), (iv) or (vii) of this\nsubparagraph where such individuals are determined by the school\ndistrict to have the knowledge and expertise to do so; (vii) such other\npersons having knowledge or expertise regarding the child as the board\nor the parents shall designate, to the extent required under federal\nlaw; and for a child in transition from programs and services provided\npursuant to applicable federal laws relating to early intervention\nservices, the appropriate professional designated by the agency that has\nbeen charged with the responsibility for the preschool child pursuant to\nsaid applicable federal laws. In addition, the chief executive officer\nof the municipality of the preschool child's residence shall appoint an\nappropriately certified or licensed professional to the committee.\nAttendance of the appointee of the municipality shall not be required\nfor a quorum.\n  * NB Effective June 30, 2027\n  (2) At least five business days prior to a meeting of the committee on\npreschool special education notice of such meeting shall be given to\neach committee member, including the appointee of the municipality, and\nthe parent of the preschool child, in writing by first class mail,\npostage prepaid, telefacsimile, or by personal service. The\nappropriately licensed or certified professional designated by the\nagency that has been charged with the responsibility for the preschool\nchild pursuant to applicable federal laws relating to early intervention\nservices shall attend all meetings of the committee conducted prior to\nthe child's initial receipt of services pursuant to this section. The\nregular education teacher of the child shall participate in the\ndevelopment, review and revision of an individualized education program\nfor the child to the extent required under federal law. A member of such\ncommittee shall be considered as a member of a committee on special\neducation for the purposes of section thirty-eight hundred eleven of\nthis chapter.\n  * (3) Notwithstanding any provision of law, rule or regulation to the\ncontrary, a member of the committee on preschool special education,\nother than the parents or persons in parental relation to the student or\nthe appointee of the municipality, is not required to attend a meeting\nof the team, in whole or in part, if the parent or person in parental\nrelation to the student and the school district agree, in writing, that\nthe attendance of the member is not necessary because the member's area\nof the curriculum or related services is not being modified or discussed\nat the meeting.\n  * NB Repealed June 30, 2027\n  * (4) Notwithstanding any provision of law, rule or regulation to the\ncontrary, a member of the committee on preschool special education,\nother than the parents or persons in parental relation to the student or\nthe appointee of the municipality, may be excused from attending a\nmeeting of the committee, in whole or in part, when the meeting involves\na modification to or discussion of the member's area of the curriculum\nor related services if the parent or person in parental relation to the\nstudent and the school district consent, in writing, to the excusal and\nthe excused member submits to the parent or person in parental relation\nto the student and such committee, written input into the development of\nthe individualized education program, and in particular written input\nwith respect to their area of curriculum or related services prior to\nthe meeting.\n  * NB Repealed June 30, 2027\n  * (5) Requests for excusal of a member of the committee on preschool\nspecial education as provided for in subparagraphs three and four of\nthis paragraph, and the written input as provided for in subparagraph\nfour of this paragraph, shall be provided not less than five calendar\ndays prior to the meeting date, in order to afford the parent or person\nin parental relation a reasonable time to review and consider the\nrequest. Provided however, that a parent or person in parental relation\nshall retain the right to request and/or agree with the school district\nto excuse a member of the committee on preschool education at any time\nincluding where the member is unable to attend the meeting because of an\nemergency or unavoidable scheduling conflict and the school district\nsubmits the written input for review and consideration by the parent or\nperson in parental relation within a reasonable time prior to the\nmeeting and prior to obtaining written consent of the parent or person\nin parental relation to such excusal.\n  * NB Repealed June 30, 2027\n  * (6) Notwithstanding any other provision of law, rule or regulation\nto the contrary, in making changes to a student's individualized\neducation program after the annual review has been conducted, the parent\nor person in parental relation to the student and the school district\nmay agree not to convene a meeting of the committee on preschool special\neducation for the purpose of making those changes, and instead may\ndevelop a written document to amend or modify the student's current\nindividualized education program under the following circumstances:\n  (i) The parent or person in parental relation makes a request to the\nschool district for an amendment to the individualized education program\nand the school district and such parent or person in parental relation\nagree in writing; or\n  (ii) The school district provides the parent or person in parental\nrelation with a written proposal to amend a provision or provisions of\nthe individualized education program that is conveyed in language\nunderstandable to the parent or person in parental relation in such\nparent's or such person's native language or other dominant mode of\ncommunication, informs and allows the parent or person in parental\nrelation the opportunity to consult with the appropriate personnel or\nrelated service providers concerning the proposed changes and the parent\nor person in parental relation agrees in writing to such amendments.\n  (iii) If the parent or person in parental relation agrees to amend the\nindividualized education program without a meeting, the parent or person\nin parental relation shall be provided prior written notice of the\nchanges to the individualized education program resulting from such\nwritten document and the committee on preschool special education shall\nbe notified of such changes. If the school district makes such changes\nby rewriting the entire individualized education program, it shall\nprovide the parent or person in parental relation with a copy of the\nrewritten individualized education program. If the school district\namends the individualized education program without rewriting the entire\ndocument, the school district shall provide the parent or person in\nparental relation with a copy of the document that amends or modifies\nthe individualized education program or, upon request of the parent or\nperson in parental relation, a revised copy of the individualized\neducation program with the amendments incorporated.\n  Amendments to an individualized education program pursuant to this\nclause shall not affect the requirement that the committee on preschool\nspecial education review the individualized education program at the\nannual meeting, or more often if necessary.\n  * NB Repealed June 30, 2027\n  b. Two or more boards may, subject to the approval of the\ncommissioner, establish a joint committee. Boards seeking to establish\nsuch a joint committee shall apply to the commissioner for approval on a\nform prescribed by the commissioner. Such application shall include, but\nnot be limited to, a plan for holding meetings in a manner and at a\nlocation convenient for parents.\n  c. A municipality with one or more boards located within the\nmunicipality may coordinate the scheduling and location of meetings with\nthe prior consent of such board or boards and the approval of the\ncommissioner.\n  d. The committee shall review, at least annually, the status of each\npreschool child.\n  e. In any meeting held to review or evaluate a preschool child, the\npreschool child's parent shall be given the opportunity to attend and\nparticipate in the meeting. The committee shall permit individuals\ninvited by the parent to be present. To the extent possible, any meeting\nof the committee shall be held at a site mutually convenient to the\nmembers of the committee and the parent of the preschool child,\nincluding but not limited to the work site of the evaluator, the\nmunicipal representative on the committee, or the chairperson of the\ncommittee. In a city having a population of less than two hundred fifty\nthousand but more than two hundred thousand and in a city having a\npopulation of less than one hundred seventy-five thousand but more than\none hundred fifty thousand, the chairperson of the committee shall\ndetermine the location of the meeting.\n  f. After notification by a service coordinator, as defined in section\ntwenty-five hundred forty-one of the public health law, that a child\nreceiving services pursuant to title II-A of article twenty-five of the\npublic health law potentially will transition to receiving services\nunder this section and that a conference is to be convened to review the\nchild's program options and establish a transition plan, which\nconference must occur at least ninety days before such child would be\neligible for services under this section, the chairperson of the\ncommittee on preschool special education of the local school district or\nhis or her designee in which such child resides shall participate in the\nconference.\n  g. In any meeting of the committee held to review or reevaluate the\nstatus of a preschool child, the professional who participated in the\nevaluation shall, upon the request of the parent or committee, attend\nand participate at such meeting.\n  4. Evaluations.  a. The board shall identify each preschool child\nsuspected of having a disability who resides within the district and,\nupon referral to the committee shall, with the consent of the parent,\nprovide for an evaluation related to the suspected disability of the\nchild. The board shall make such identification in accordance with\nregulations of the commissioner.\n  b. Each board shall, within time limits established by the\ncommissioner, be responsible for providing the parent of a preschool\nchild suspected of having a disability with a list of approved\nevaluators in the geographic area. The parent may select the evaluator\nfrom such list.  Each board shall provide for dissemination of the list\nand other information to parents at appropriate sites including but not\nlimited to pre-kindergarten, day care, head start programs and early\nchildhood direction centers, pursuant to regulations of the\ncommissioner.\n  c. The documentation of the evaluation shall include all assessment\nreports and a summary report of the findings of the evaluation on a form\nprescribed by the commissioner including a detailed statement of the\npreschool child's individual needs. The summary report shall not make\nreference to any specific provider of special services or programs. In\naddition, with the consent of the parents, approved evaluators and\ncommittees shall be provided with the most recent evaluation report for\na child in transition from programs and services provided pursuant to\ntitle two-a of article twenty-five of the public health law. Nothing\nshall prohibit an approved evaluator or the committee from reviewing\nother assessments or evaluations to determine if such assessments or\nevaluations fulfill the requirements of the regulations of the\ncommissioner. Notwithstanding any inconsistent provisions of this\nsection, the committee, in its discretion, may obtain an evaluation of\nthe child from another approved evaluator prior to making any\nrecommendation that would place a child in the approved program that\nconducted the evaluation of the child. If the committee recommends\nplacing a child in an approved program that also conducted an evaluation\nof such child it shall indicate in writing that such placement is an\nappropriate one for the child. In addition, the committee shall provide\nnotice to the commissioner of such recommendation.\n  d. The approved evaluator shall, following completion of the\nevaluation, transmit the documentation of the evaluation to all members\nof the committee and to a person designated by the municipality in which\nthe preschool child resides. Each municipality shall notify the approved\nevaluators in the geographic area of the person so designated. The\nsummary report of the evaluation shall be transmitted in English and\nwhen necessary, also in the dominant language or other mode of\ncommunication of the parent; the documentation of the evaluation shall\nbe transmitted in English and, upon the request of the parent, also in\nthe dominant language or other mode of communication of the parent,\nunless not clearly feasible to do so pursuant to regulations promulgated\nby the commissioner. Costs of translating the summary report and\ndocumentation of the evaluation shall be separately reimbursed. If,\nbased on the evaluation, the committee finds that a child has a\ndisability, the committee shall use the documentation of the evaluation\nto develop an individualized education program for the preschool child.\nNothing herein shall prohibit an approved evaluator from at any time\nproviding the parent with a copy of the documentation of the evaluation\nprovided to the committee.\n  e. Prior to the committee meeting at which eligibility will be\ndetermined, the committee shall provide the parent with a copy of the\nsummary report of the findings of the evaluation, and shall provide the\nparent with written notice of the opportunity to address the committee\nin person or in writing. Upon timely request of the parent, the\ncommittee shall, prior to meeting, provide a copy of all written\ndocumentation to be considered by the committee; provided, however, that\nsuch material shall be provided to the parent at any time upon request.\n  f. If the parent disagrees with the evaluation, the parent may obtain\nan additional evaluation at public expense to the extent authorized by\nfederal law or regulation.\n  5. Determination of services.  a. The committee shall review all\nrelevant information, including but not limited to:\n  (i) information presented by the parent and the child's teacher or\nteachers pertinent to each child suspected of having a disability;\n  (ii) the results of all evaluations; and\n  (iii) information provided by the appropriate licensed or certified\nprofessional designated by the agency that is charged with the\nresponsibility for the child pursuant to applicable federal laws, if\nany.\n  b. (i) If the committee determines that the child has a disability,\nthe committee shall recommend approved appropriate services or special\nprograms and the frequency, duration and intensity of such services,\nincluding but not limited to the appropriateness of single services or\nhalf-day programs based on the individual needs of the preschool child.\nThe committee shall first consider the appropriateness of providing: (i)\nrelated services only; (ii) special education itinerant services only;\n(iii) related services in combination with special education itinerant\nservices; (iv) a half-day program, as defined in the regulations of the\ncommissioner; (v) a full day program; in meeting the child's needs. If\nthe committee determines that the child demonstrates the need for a\nsingle related service, such service shall be provided as a related\nservice only or, where appropriate, as a special education itinerant\nservice. Prior to recommending the provision of special education\nservices in a setting which includes only preschool children with\ndisabilities, the committee shall first consider providing special\neducation services in a setting which includes age-appropriate peers\nwithout disabilities. Provision of special education services in a\nsetting with no regular contact with such age-appropriate peers shall be\nconsidered only when the nature or severity of the child's disability is\nsuch that education in a less restrictive environment with the use of\nsupplementary aids and services cannot be achieved satisfactorily. The\ncommittee's recommendation shall include a statement of the reasons why\nless restrictive placements were not recommended. The committee may\nrecommend placement in a program that uses psychotropic drugs only if\nthe program has a written policy pertaining to such use and the parent\nis given a copy of such written policy at the time such recommendation\nis made.\n  (ii) The committee shall recommend approved appropriate services or\nspecial programs. The recommendation shall be based on the individual\nneeds of the preschool child. Appropriate services may include one or\nmore related services selected from a list maintained by a municipality\npursuant to paragraph c of subdivision nine of this section; provided,\nhowever, that if the committee recommends one or more related services\nfrom such list, or itinerant services, the committee shall request that\nthe parent identify the initial child care location arranged by the\nparent, or other site, at which each such service will be provided.\n  (iii) The reasons for such recommendation shall be in writing and\nshall be furnished to the preschool child's parent, the municipality in\nwhich the preschool child resides and the board. If the committee's\nrecommendation differs from an expressed preference of a parent with\nrespect to the frequency, duration or intensity of services, or with\nrespect to more or less restrictive settings, the committee shall\ninclude in its statement the reasons why the committee recommended a\nprogram or service other than that preferred by the parent. The\ncommittee shall include in its recommendation any statement or\nstatements provided by the parent, which the board shall consider.\n  (iv) The members of the committee or subcommittee may compile a list\nof appropriate and/or helpful services that may be available outside of\nthe school setting to provide the parents or person in parental relation\nof a child with a disability with such information. Such list shall\nclearly state that these services are in addition to services supplied\nby the school district and will not be paid for by the school district.\nAny member of a committee or his or her respective school district who,\nacting reasonably and in good faith, provides such information shall not\nbe liable for such action.\n  c. After consideration of the recommendation of the committee and its\nstatement of reasons, including any statement or statements of a parent\nsetting forth an expressed preference, the board shall arrange for the\nprovision of the recommended special services or programs from among the\nspecial services and programs approved for such purpose by the\ncommissioner. In the event the special service or program will be\nprovided in the child's home or another care setting for which the\nparent has made or subsequently makes arrangements, no transportation\nshall be indicated.\n  d. If the board disagrees with the recommendation of the committee, it\nshall set forth in writing a statement of its reasons and send the\nrecommendation back to the committee, a notice of which shall be\nfurnished to the preschool child's parent and the municipality in which\nthe preschool child resides. In the event a board refers the\nrecommendation back to the committee for reconsideration, the board\nshall also notify the parent and the committee in writing of the need to\nschedule a meeting to ensure timely placement. If the determination is\nfor two or more related services, where possible, the board shall select\nfrom the list maintained by the municipality pursuant to paragraph c of\nsubdivision nine of this section such related service providers that are\nemployed by a single agency for the provision of such services. The\nboard shall provide each related service provider with a copy of the\nindividualized education program and the name and location of each\nrelated service provider. The board shall designate one of the service\nproviders to coordinate the provision of the related services. If the\ndetermination is for special education itinerant services and one or\nmore related services, the special education itinerant service provider\nshall be responsible for the coordination of such services pursuant to\nregulations of the commissioner.\n  * e. A preschool child shall receive the services of a program\narranged for by the board commencing with the starting date for such\nprogram, unless such services are recommended by the committee less than\nthirty days prior to, or after, the starting date for such program, in\nwhich case, such services shall be provided as soon as possible\nfollowing development of the individualized education program, but no\nlater than thirty days from the recommendation of the committee;\nprovided, however, that in no case shall a child receive services prior\nto the date that such child is first eligible for services pursuant to\nparagraph f of subdivision one of this section.\n  * NB Effective until June 30, 2027\n  * e. A preschool child shall receive the services of a program\narranged for by the board commencing with the starting date for such\nprogram, unless such services are recommended by the committee less than\nthirty days prior to, or after, the starting date for such program, in\nwhich case, such services shall be provided no later than thirty days\nfrom the recommendation of the committee; provided, however, that in no\ncase shall a child receive services prior to the date that such child is\nfirst eligible for services pursuant to paragraph f of subdivision one\nof this section.\n  * NB Effective June 30, 2027\n  f. The board shall give written notice of the special services or\nprograms arranged for to the appropriate municipality, and to the\nrelated service provider or the approved program selected to provide the\nservices. The municipality shall contract with the approved program in a\ntimely manner but in no event later than forty days from the receipt of\nwritten notice of the determination of the board. If the municipality is\na city of one million or more persons, the municipality may delegate\ncontracting authority to the board. The contract shall include but not\nbe limited to any provisions required by the commissioner, shall adhere\nto the rates established pursuant to subdivision ten of this section as\napplicable and shall be in a form approved by the commissioner. After\nreceipt of notification from a municipality of actions taken pursuant to\nthis paragraph and subdivision eight of this section, the commissioner\nshall issue a notice of authorization for reimbursement to the\nmunicipality pursuant to the provisions of subdivisions ten and eleven\nof this section. Provided further, any agreement for transportation\nservices pursuant to subdivision eight of this section shall be a\ncontract, separate and distinct from the contract for special services\nor programs pursuant to this section, between the municipality and the\napproved program which shall include but not be limited to any\nprovisions required by the commissioner on a form prescribed by the\ncommissioner.\n  g. The board shall determine the appropriate municipality based on the\nmunicipality within the school district in which the preschool child\nresides at the time such board issues its written notice of\ndetermination. The board shall terminate such determination if the board\narranges for the provision of a new service or program for such child or\nif the preschool child moves out of the school district or moves to a\ndifferent municipality within the school district. If the board\nterminates such determination for a preschool child because such child\nmoves to a different municipality within the school district, such board\nshall issue a new written notice of determination for the same special\neducation service or program effective the next school day which shall\nbecome the responsibility of the new municipality in which such child\nresides. Pursuant to regulations promulgated by the commissioner, if the\npreschool child moves to a school district that is within a reasonable\ndistance of the child's current approved placement such child may\ncontinue in such placement if it is consistent with the individualized\nneeds of the child and the board of the new school district shall issue\na notice of determination to continue such placement, provided that\nnothing shall preclude a parent from requesting and receiving from the\ncommittee of the new school district a reevaluation of the continued\nplacement of such preschool child prior to the annual review\nestablishing the placement for the next school year.\n  h. Such special services or programs shall be furnished between the\nmonths of September and June of each year, except for those preschool\nchildren whose disabilities are severe enough to exhibit the need for a\nstructured learning environment of twelve months duration to prevent\nsubstantial regression. The committee shall include in its\nrecommendation for such services or programs a statement of the reasons\nfor such recommendation. The board, after consideration of the\nrecommendation of the committee, shall select an appropriate special\nservice or program for each preschool child eligible for such special\nservice or program during the months of July and August from among those\nprograms approved for such purpose by the commissioner. Nothing\ncontained herein shall be construed to prevent the committee from\nrecommending or the board from selecting a special service or program,\nor the frequency or duration of a special service or program, which is\ndifferent in type or intensity than the service or program that the\nchild is furnished between the months of September and June.\n  6. Professional practice issues. a. Notwithstanding any provisions of\nlaw to the contrary, approved programs operated by private providers\nshall be authorized to employ licensed professionals or contract with\nlicensed professionals or entities legally authorized to provide\nprofessional services in accordance with section sixty-five hundred\nthree-b of this chapter.\n  b. An approved program may be formed as an education corporation, or\nwith the consent of the commissioner as: (i) a not-for-profit\ncorporation; (ii) a business corporation that has the operation of an\napproved program or another special education school as a primary\npurpose; (iii) a limited liability company; (iv) a professional service\nlimited liability company or a foreign professional service limited\nliability company in accordance with the applicable provisions of\narticle twelve or thirteen of the limited liability company law; (v) a\nregistered limited liability partnership or registered foreign limited\nliability partnership in accordance with article eight-B of the\npartnership law. In addition, a group of appropriately licensed or\ncertified professionals may be formed as a professional services\ncorporation established pursuant to article fifteen of the business\ncorporation law or as a professional service limited liability company,\nforeign professional service limited liability company or registered\nlimited liability partnership or registered foreign limited liability\npartnership in accordance with article eight-B of the partnership law.\nAn approved program formed as such a professional service limited\nliability company or registered limited liability partnership may be\nauthorized to provide special education itinerant services or other\neducational services not involving the practice of a profession under\ntitle eight of this chapter, and, upon grant of a waiver pursuant to\nsection sixty-five hundred three-b of this chapter, may employ or\ncontract with individuals licensed or otherwise authorized to practice,\nor with a professional service corporation, partnership or other entity\nlegally authorized to practice any profession under title eight of this\nchapter in which the entity would not be authorized to provide\nprofessional services under the applicable provisions of section twelve\nhundred three or subdivision (a) of section thirteen hundred one of the\nlimited liability company law or sections 121-1500 or 121-1502 of the\npartnership law, provided that such contract is within the scope of the\ndepartment's approval and is only for the purpose of conducting a\nmulti-disciplinary evaluation of a preschool child suspected of having a\ndisability or a preschool child with a disability or providing related\nservices specified in the individualized education program of a\npreschool child with a disability.\n  c. Notwithstanding any other provision of law to the contrary, the\nexemption in subdivision two of section eighty-two hundred seven of this\nchapter shall apply to persons employed by a center-based program\napproved pursuant to subdivision nine of this section to perform the\nduties of a speech-language pathologist, audiologist, teacher of the\nspeech and deaf and hard of hearing or teacher of the deaf to students\nenrolled in such approved center-based program in the course of their\nemployment.\n  * d. Notwithstanding any other provision of law to the contrary, the\nexemption in subdivision one of section seventy-six hundred five of this\nchapter shall apply to persons employed on a full-time or part-time\nsalary basis, which may include on an hourly, weekly, or monthly basis,\nor on a fee for evaluation services basis provided that such person is\nemployed by and under the dominion and control of a center-based program\napproved pursuant to subdivision nine of this section as a certified\nschool psychologist to provide activities, services and use of the title\npsychologist to students enrolled in such approved center-based program;\nand to certified school psychologists employed on a full-time or\npart-time salary basis, which may include on an hourly, weekly, or\nmonthly basis, or on a fee for evaluation services basis provided that\nthe school psychologist is employed by and under the dominion and\ncontrol of a program that has been approved pursuant to paragraph b of\nsubdivision nine of this section, or subdivision nine-a of this section,\nto conduct a multi-disciplinary evaluation of a preschool child having\nor suspected of having a disability where authorized by paragraph a of\nsubdivision six of section sixty-five hundred three-b of this chapter,\nin the course of their employment. Nothing in this section shall be\nconstrued to authorize a certified school psychologist or group of such\nschool psychologists to engage in independent practice or practice\noutside of an employment relationship.\n  * NB Effective until June 30, 2028\n  * d. Notwithstanding any other provision of law to the contrary, the\nexemption in subdivision one of section seventy-six hundred five of this\nchapter shall apply to persons employed by a center-based program\napproved pursuant to subdivision nine of this section as a school\npsychologist to provide activities, services and use of the title\npsychologist to students enrolled in such approved center-based program\nin the course of their employment.\n  * NB Effective June 30, 2028\n  7. Appeals. * a. The parent may file a written request with the board\nfor an impartial hearing with respect to any matter relating to the\nidentification, evaluation or educational placement of, or provision of\na free appropriate public education to, the preschool child or a\nmanifestation determination or other matter relating to the preschool\nchild's placement upon discipline, provided, however, that mediation\nshall be available to the parent in accordance with the procedures\nspecified in section forty-four hundred four-a of this article.\n  * NB Effective until June 30, 2027\n  * a. If the determination of the board is not acceptable to the\nparent, or if the committee or board fails to make or effectuate such a\nrecommendation within such periods of time as are required by\nsubdivision five of this section or by the regulations of the\ncommissioner, such parent may file a written request with the board for\nan impartial hearing, provided, however, that mediation shall be\navailable to the parent in accordance with the procedures specified in\nsection forty-four hundred four-a of this article.\n  * NB Effective June 30, 2027\n  * b. Upon receipt of such request, the board shall provide for a\nhearing to be conducted in accordance with the provisions of subdivision\none of section forty-four hundred four of this article. The impartial\nhearing officer shall render a decision, and mail a copy of the decision\nto the parents and to the board, not later than thirty calendar days\nafter the receipt by the board of a request for a hearing or after the\ninitiation of such a hearing by the board. The decision of the impartial\nhearing officer shall be based solely upon the record of the proceeding\nbefore the impartial hearing officer, and shall set forth the reasons\nand the factual basis for the determination. The decision shall also\ninclude a statement advising the parents and the board of the right to\nobtain a review of such a decision by a state review officer. The board\nmay initiate a hearing to the extent provided in subdivision one of\nsection forty-four hundred four of this article.\n  * NB Effective until June 30, 2027\n  * b. Upon receipt of such request, the board shall provide for a\nhearing to be conducted in accordance with the provisions of subdivision\none of section forty-four hundred four of this article. The impartial\nhearing officer shall render a decision, and mail a copy of the decision\nto the parents and to the board, not later than thirty calendar days\nafter the receipt by the board of a request for a hearing or after the\ninitiation of such a hearing by the board. The decision of the impartial\nhearing officer shall be based solely upon the record of the proceeding\nbefore the impartial hearing officer, and shall set forth the reasons\nand the factual basis for the determination. The decision shall also\ninclude a statement advising the parents and the board of the right to\nobtain a review of such a decision by a state review officer.\n  * NB Effective June 30, 2027\n  * c. During the pendency of an appeal pursuant to this subdivision,\nunless the board and the parent otherwise agree:\n  (i) a preschool child who has received services pursuant to\nsubdivision five of this section, shall remain in the current\neducational placement; or\n  (ii) a preschool child not previously served pursuant to this section\nshall, if the parent agrees, receive services in the program designated\nby the board pursuant to such subdivision five, which designation\nresulted in such appeal.\n  A preschool child who is transitioning from part C of the individuals\nwith disabilities education act and/or title two-A of article\ntwenty-five of the public health law and is no longer eligible for\nservices under part C and title two-A of article twenty-five of the\npublic health law by reason of age, the school district or other public\nagency is not required to provide the services that the child had been\nreceiving under part C and such title two-A. If the child is found\neligible for special education programs and services pursuant to this\nsection, and the parent or person in parental relation consents to the\ninitial provision of services, then the school district or other public\nagency shall provide those special education programs and services that\nare not in dispute between the parent and the school district or other\npublic agency.\n  * NB Effective until June 30, 2027\n  * c. During the pendency of an appeal pursuant to this subdivision,\nunless the board and the parent otherwise agree:\n  (i) a preschool child who has received services pursuant to\nsubdivision five of this section, shall remain in the current\neducational placement; or\n  (ii) a preschool child not previously served pursuant to this section\nshall, if the parent agrees, receive services in the program designated\nby the board pursuant to such subdivision five, which designation\nresulted in such appeal; or\n  (iii) a preschool child who received services pursuant to section two\nhundred thirty-six of the family court act during the previous year may\nreceive, from the provider of such services, preschool special education\nservices in an approved program appropriate to the needs of such child.\n  * NB Effective June 30, 2027\n  d. A state review officer of the education department shall review the\ndecision of the impartial hearing officer in the manner prescribed in\nsubdivision two of section forty-four hundred four of this article and\nrender a decision no later than thirty days after the decision of such\nhearing officer.\n  e. Review of the final determination or order of the state review\nofficer may be brought in the manner prescribed in subdivision three of\nsection forty-four hundred four of this article.\n  8. Transportation. The municipality in which a preschool child resides\nshall, beginning with the first day of service, provide either directly\nor by contract for suitable transportation, as determined by the board,\nto and from special services or programs; provided, however, that if the\nmunicipality is a city with a population of one million or more persons\nthe municipality may delegate the authority to provide such\ntransportation to the board; and provided further, that prior to\nproviding such transportation directly or contracting with another\nentity to provide such transportation, such municipality or board shall\nrequest and encourage the parents to transport their children at public\nexpense, where cost-effective, at a rate per mile or a public service\nfare established by the municipality and approved by the commissioner.\nExcept as otherwise provided in this section, the parents' inability or\ndeclination to transport their child shall in no way affect the\nmunicipality's or board's responsibility to provide recommended\nservices. Such transportation shall be provided once daily from the\nchild care location to the special service or program and once daily\nfrom the special service or program to the child care location up to\nfifty miles from the child care location. If the board determines that a\nchild must receive special services and programs at a location greater\nthan fifty miles from the child care location, it shall request approval\nof the commissioner. For the purposes of this subdivision, the term\n"child care location" shall mean a child's home or a place where care\nfor less than twenty-four hours a day is provided on a regular basis and\nincludes, but is not limited to, a variety of child care services such\nas day care centers, family day care homes and in-home care by persons\nother than parents. All transportation of such children shall be\nprovided pursuant to the procedures set forth in section two hundred\nthirty-six of the family court act using the date called for in the\nwritten notice of determination of the board or the date of the written\nnotice of determination of the board, whichever comes later, in lieu of\nthe date the court order was issued. Notwithstanding this subdivision or\nany provision of law to the contrary, transportation expenses incurred\nby a municipality for operating and maintenance costs pursuant to this\nsubdivision during the period between the issuance of executive order\n202.4 on March sixteenth, two thousand twenty and the issuance of\nexecutive order 202.28 on May seventh, two thousand twenty shall be\nreimbursable and considered approved costs in accordance with the\nprovisions of this section and the regulations of the commissioner.\n  9. Program approval. a. Providers of special services or programs\nshall apply to the commissioner for program approval on a form\nprescribed by the commissioner; such application shall include, but not\nbe limited to, a listing of the services to be provided, the population\nto be served, a plan for providing services in the least restrictive\nenvironment and a description of its evaluation component, if any. The\ncommissioner shall approve programs in accordance with regulations\nadopted for such purpose and shall periodically review such programs at\nwhich time the commissioner shall provide the municipality in which the\nprogram is located or for which the municipality bears fiscal\nresponsibility an opportunity for comment within thirty days of the\nreview. In collaboration with municipalities and representatives of\napproved programs, the commissioner shall develop procedures for\nconducting such reviews. Municipalities shall be allowed to participate\nin such departmental review process. Such review shall be conducted by\nindividuals with appropriate experience as determined by the\ncommissioner and shall be conducted not more than once every three\nyears.\n  (iii) Commencing July first, nineteen hundred ninety-six and\ncontinuing through June thirtieth, two thousand three, a moratorium on\nthe approval of any new or expanded programs in settings which include\nonly preschool children with disabilities is established. Exceptions\nshall be made for cases in which school districts document a critical\nneed for a new or expanded program in a setting which includes only\npreschool children with disabilities, to meet the projected demand for\nservices for preschool children in the least restrictive environment.\nApplications for new or expanded programs may be made directly to the\nstate education department. Nothing herein shall prohibit the\ncommissioner from approving the modification of a full-day program into\nhalf-day sessions.\n  Commencing July 1, 1999 the department shall only approve any new or\nexpanded programs in settings which include only preschool children with\ndisabilities, if the applicant can document a critical need for a new or\nexpanded program in a setting which includes only preschool children\nwith disabilities to meet the projected demand for services for\npreschool children in the least restrictive environment. If the\ndepartment determines that approval will not be granted, it must notify\nthe applicant, in writing, of its reasons for not granting such\napproval. The department shall establish guidelines, within 90 days of\nthe effective date of this section which shall state the criteria used\nto determine if the applicant has demonstrated such a critical need. The\ndepartment is authorized to consult with the local school district to\nverify any data submitted.\n  On December 1, 2003 the commissioner shall submit a report to the\nboard of regents, the majority leader of the senate, the speaker of the\nassembly and governor evaluating the impact of such moratorium on the\navailability of preschool special education services. The report shall\ninclude: (i) information regarding the number of applications for new\nprograms and program expansions and the disposition of those\napplications by the commissioner; (ii) an assessment of the projected\nneed for additional classes serving only disabled children and those\nserving disabled children with their non-disabled peers and in other\nless restrictive settings; (iii) an assessment of the projected need for\nadditional programs due to program closings in the region, number of\nchildren receiving early intervention services and existing waiting\nlists; (iv) an assessment of the distance that children must be\ntransported to receive preschool special education services; (v) an\nevaluation of the programmatic performance and cost-effectiveness of\nexisting programs; (vi) recommendations regarding ways in which improved\nquality and cost-effectiveness could be achieved through the selective\nexpansion of effective programs and/or the curtailment of less effective\nprograms; and (vii) an assessment of the availability and effectiveness\nof approved programs providing services to preschool children with\nautism.\n  b. As part of an application submitted pursuant to paragraph a of this\nsubdivision, a provider of special services or programs shall submit a\ndescription of its multi-disciplinary evaluation component, if any,\nwhich shall be subject to the approval of the commissioner in accordance\nwith regulations adopted for such purpose after consultation with the\nappropriate advisory committee. Such components or program may rely in\npart on formal written agreements or affiliations with appropriately\ncertified or licensed professionals, or agencies employing such\nprofessionals, provided that such professionals or agencies perform\ntheir responsibilities in conformance with regulations of the\ncommissioner and that providers fully disclose any such arrangements on\nall applications for program approval, and provided further that the\nprovider certifies that it shall apply for and obtain a waiver pursuant\nto section sixty-five hundred three-b of this chapter prior to providing\nevaluation services pursuant to such written agreements or affiliations.\nNothing herein shall require a provider of special services or programs\nto have a multidisciplinary evaluation program.\n  c. Municipalities, or in the case of a city of one million or more\npersons, the board, shall maintain a list of appropriately certified or\nlicensed professionals to deliver related services consistent with this\nsection and the regulations of the commissioner and shall determine\nreasonable reimbursement for such services subject to the approval of\nthe commissioner. Such list shall also include reasonable reimbursement,\nas determined by the municipality and approved by the commissioner and\nthe director of the budget, for the coordination of two or more related\nservices pursuant to paragraph d of subdivision five of this section.\n  d. Providers may make application to conduct a program that relies on\nformal written agreements or affiliations with other approved programs\nor appropriately certified or licensed professionals, provided that such\narrangements are fully disclosed on all applications to the commissioner\nfor program approval, and provided further that the provider certifies\nit shall apply for and obtain a waiver pursuant to section sixty-five\nhundred three-b of this chapter prior to providing related services\npursuant to any such written agreements or affiliations involving\nlicensed professionals.\n  e. Nothing herein shall preclude an approved program from providing\nservices in the preschool child's home.\n  f. As part of an application submitted pursuant to paragraph a of this\nsubdivision, a provider of special services or programs shall describe\nany program in which preschool children will receive services in\nconjunction with children placed pursuant to section two hundred\nthirty-six of the family court act or title II-A of article twenty-five\nof the public health law. If such preschool program otherwise meets the\ncriteria for approval of preschool programs established by regulations\nof the commissioner, the commissioner shall approve such program.\n  g. As part of an application submitted pursuant to paragraph a of this\nsubdivision, a provider of special services or programs shall certify\npursuant to regulations promulgated by the commissioner that it will\ntake measures to ensure its executive director or person performing the\nduties of a chief executive officer: (i) meets the criteria established\nby the commissioner to be an executive director; and (ii) if paid as a\nfull time executive director, he or she is employed in a full time, full\nyear position and shall not engage in activity that would interfere with\nor impair such executive director's ability to carry out and perform his\nor her duties, responsibilities and obligations.\n  * 9-a.  (a) A group of appropriately licensed and/or certified\nprofessionals associated with a public or private agency may apply to\nthe commissioner for approval as an evaluator on a form prescribed by\nthe commissioner.  The commissioner shall approve evaluators pursuant to\nthis subdivision consistent with the approval process for the\nmulti-disciplinary evaluation component of programs approved pursuant to\nsubdivision nine of this section consistent with regulations adopted\npursuant to such subdivision. All school districts are deemed approved\nevaluators of preschool students suspected of having a disability\nwithout the need to submit an application to the commissioner if staff\nwho provide such evaluation services shall have appropriate licensure\nand/or certification.\n  Such application shall include, but not be limited to, a description\nof the multi-disciplinary evaluation services proposed to be provided\nand a demonstration that all agency employees and staff who provide such\nevaluation services shall have appropriate licensure and/or\ncertification and that the individual who shall have direct supervision\nresponsibilities over such staff shall have an appropriate level of\nexperience in providing evaluation or services to preschool or\nkindergarten-aged children with disabilities. To be eligible for\napproval as an evaluator under this subdivision on and after July first,\ntwo thousand eleven, a group of appropriately licensed or certified\nprofessionals shall be formed as a limited liability company or\nprofessional services corporation established pursuant to article\nfifteen of the business corporation law, article twelve or thirteen of\nthe limited liability company law or article eight-B of the partnership\nlaw. The approval of any groups of licensed or certified professionals\nthat are in existence on July first, two thousand eleven and would not\nbe eligible for approval thereafter shall terminate on July first, two\nthousand thirteen.\n  (b) The commissioner shall periodically review such evaluators at\nwhich time the commissioner shall provide the municipality in which the\nevaluator is located an opportunity for comment.\n  (c) The commissioner shall establish a billing and reimbursement\nsystem for services provided by school districts and evaluators approved\npursuant to the provisions of this subdivision consistent with billing\nand reimbursement for evaluation services provided by evaluators\napproved pursuant to the provisions of subdivision nine of this section.\n  * NB Repealed July 1, 2027\n  9-b. Program reapproval process. The commissioner shall periodically\nreview and reapprove programs, including the provision of evaluation\nservices, in accordance with regulations adopted for such purpose, which\nshall include reapproval criteria designed to assure that quality\nservices are provided in a necessary and cost efficient manner and in\nthe least restrictive environment which may include settings in which\nage-appropriate peers without disabilities are typically found. In\nreviewing programs and the provision of evaluation services, the\ncommissioner shall consider factors including, but not limited to, the\npercentage of children receiving services from the approved program that\nconducted the evaluation of the child; and whether there has been\nevidence of misleading or erroneous advertising. The division of the\nbudget shall consider in a timely manner all requests submitted by the\ndepartment to hire sufficient staff to conduct such periodic reapproval\nof programs, as determined by the commissioner, using available federal\nfunds.\n  Such reapproval process shall provide the municipality in which the\nprogram is located or for which the municipality bears fiscal\nresponsibility, an opportunity for comment thirty or more days prior to\ncompletion of the reapproval. In collaboration with municipalities and\nrepresentatives of approved programs, the commissioner shall develop\nprocedures for conducting such reapprovals. Municipalities shall be\nallowed to participate in such departmental review process. Such\nreapprovals shall be conducted by individuals with appropriate\nexperience as determined by the commissioner and shall be conducted not\nmore than once every three years, unless the commissioner, on his or her\nown initiative or at the request of a municipality, determined that\nreapprovals are earlier or more frequently required. The commissioner\nshall commence such reapproval process no later than January fifteenth,\nnineteen hundred ninety-seven. Program reapprovals may result in\ndisapproval of the entire program or a component of the program,\nincluding but not limited to the evaluation component. In reapproving a\nprogram component, such approval criteria shall include, but not be\nlimited to:\n  a. the extent to which the program offers services in settings with\nregular contact with age-appropriate peers, where appropriate to the\nneeds of the population served; and\n  b. whether there has been evidence of misleading or erroneous\nadvertising.\n  Such reapproval shall assure an appropriate opportunity to be heard on\nthe findings of the reapproval and the opportunity to address such\nfindings through corrective or remedial action, where applicable. Such\nreapproval process shall also provide for the determination of action on\nthe part of the department to address the findings of the reapproval\nwhich may include, but not be limited to, the withdrawal of approval to\nprovide evaluation services.\n  9-c. Advertising. The commissioner is authorized to require approved\nprograms and evaluators to periodically submit copies of advertising for\nreview, and to commence a proceeding to revoke the approval of an\napproved program or evaluator pursuant to this subdivision for false,\nmisleading, deceptive or fraudulent advertising pursuant to regulations\nto be promulgated by the commissioner, which shall be consistent with\narticle twenty-two-a of the general business law. Such regulations shall\nprohibit advertisements from including misleading or erroneous\ninformation with respect to services to be provided to preschool\nchildren and their families. The department shall issue guidelines as to\nappropriate advertising content. In a revocation proceeding, such\nguidelines shall not be presumptive evidence that particular advertising\nis appropriate.\n  9-d. Business plans. Approved providers of special services and\nprograms, including local educational agencies, shall develop and submit\nto the commissioner, by January first, nineteen hundred ninety-seven, a\nbusiness plan, the contents of which shall be determined by the\ncommissioner, which redirects fiscal and personnel resources toward\nproviding special education programs and services in settings with\nchildren who do not have disabilities, and reduces the reliance on\nprograms and settings which include only preschool children with\ndisabilities.\n  10. Approved costs. a. (i) (A) Commencing with the nineteen hundred\nninety--ninety-one school year, the commissioner shall annually\ndetermine the tuition rate for approved services or programs provided to\npreschool children pursuant to this section. Such rates for providers of\nsuch services and programs shall be determined in conformance with a\nmethodology established pursuant to subdivision four of section\nforty-four hundred five of this article after consultation with and a\nreview of an annual report prepared by the advisory committee\nestablished pursuant to paragraph a of subdivision twelve of this\nsection and shall be subject to the approval of the director of the\nbudget. Notwithstanding any other provision of law, rule or regulation\nto the contrary, tuition rates established for the nineteen hundred\nninety-five--ninety-six school year shall exclude the two percent cost\nof living adjustment authorized in rates established for the nineteen\nhundred ninety-four--ninety-five school year.\n  (B) Commencing with the two thousand fifteen--two thousand sixteen\nschool year, such special education itinerant services shall be provided\nby approved programs, and such approved programs shall be reimbursed for\nsuch services based on the actual attendance of preschool children\nreceiving such services.\n  (C) Notwithstanding any other provision of law, rule or regulation to\nthe contrary, on or before the two thousand sixteen--two thousand\nseventeen school year and thereafter, to be phased-in over no more than\nfour years from such starting year, the commissioner, subject to the\napproval of the director of the budget, shall establish regional tuition\nrates for special education itinerant services based on average actual\ncosts in accordance with a methodology established pursuant to\nsubdivision four of section forty-four hundred five of this article.\n  (D) Notwithstanding any other provision of law, rule or regulation to\nthe contrary, commencing with the two thousand eighteen--two thousand\nnineteen school year, approved preschool integrated special class\nprograms shall be reimbursed for such services based on an alternative\nmethodology for reimbursement to be established by the commissioner. In\ndeveloping such methodology the commissioner shall seek input from\nstakeholders that would be impacted by such alternative methodology. The\nalternative methodology, subject to the approval of the director of the\nbudget, shall be proposed by the department no later than April first,\ntwo thousand eighteen.\n  (ii) Upon request, the commissioner shall, on a timely basis, transmit\nto the municipality in which an approved program is located any\ninformation provided by such approved program for the purpose of\nestablishing a rate for the program.\n  (iii) Following determination of tuition rates pursuant to\nsubparagraph (i) of this paragraph, the commissioner shall submit such\nrates to the director of the budget for approval and shall\nsimultaneously transmit to each municipality the rates for programs\nlocated in the municipality.  Within thirty calendar days of the\ncommissioner's transmittal date, the municipality may submit comments in\nwriting to the commissioner. The commissioner shall consider such\ncomments and, if he deems it appropriate, adjust such rate prior to\nfinal action by the director of the budget. If the commissioner does not\nadjust the rate, the commissioner shall respond to the comments\npresented by the municipality.\n  b. Reimbursement for evaluations conducted by approved evaluators\nshall be provided pursuant to regulations of the commissioner after\nconsultation with the advisory committee established pursuant to\nparagraph a of subdivision twelve of this section and shall be subject\nto approval by the director of the budget.\n  c. Approved costs for transportation shall be the costs incurred by\nthe municipality in accordance with the provisions of subdivision eight\nof this section. The commissioner shall establish, in consultation with\nthe municipalities, and with the approval of the director of the budget,\nregional ceilings for each region of the state, as defined by the\ncommissioner, on the maximum allowable state reimbursement. In\ndeveloping such ceilings, the commissioner shall consider the size of\nthe geographic area to be served, the projected number of children\nrequiring transportation services and such other factors as the\ncommissioner shall determine may influence the cost of transportation\nservices.\n  d. (i) At the beginning of the school year, the commissioner shall\nallocate funds for reimbursement of allowable administrative costs, as\ndefined in regulations of the commissioner, incurred by a board pursuant\nto this section. Such allocation shall be in an amount equal to a school\ndistrict's pro rata share of the statewide base year count of preschool\nchildren as a percent of federal funds available for such reimbursement,\nas determined by the commissioner. In January of any school year in\nwhich additional federal funds are determined by the commissioner to be\navailable for such reimbursement, the commissioner shall equitably\nallocate such funds for reimbursement of allowable administrative costs,\nin a manner determined by the commissioner which is consistent with\nfederal statutes and regulations governing the use of federal funds, to\nschool districts which have demonstrated a need for such additional\nfunds. At the close of the school year for which such funds were\nallocated, each board shall submit, in a form prescribed by the\ncommissioner, a statement of the allowable administrative costs incurred\npursuant to this section. A board may, subject to approval of the\ncommissioner, submit any allowable administrative costs for which\nfederal funds are not allocated to that school district pursuant to this\nsubdivision to the appropriate municipality or municipalities for\nreimbursement pursuant to subdivision eleven of this section.\n  (ii) Boards may submit reasonable costs incurred pursuant to\nparagraphs a through d of subdivision seven of this section to the\nappropriate municipality for reimbursement. Boards may also submit to\nthe appropriate municipality for reimbursement of reasonable costs\nincurred pursuant to paragraph e of subdivision seven of this section:\n(A) in an action or proceeding brought by another party or (B) in an\naction or proceeding brought by the board, other than an action or\nproceeding brought against the state, a department, board or agency of\nthe state or a state officer, except where such state defendant is\njoined as a necessary party to such action or proceeding, if, upon final\ndisposition of the action or proceeding, the board receives a judgment\nin its favor annulling the determination or order of the state review\nofficer. The municipality shall be reimbursed for payment of such costs\npursuant to subdivision eleven of this section.\n  (iii) On or after July first, nineteen hundred ninety, and annually\nthereafter until June thirtieth, two thousand one, municipalities shall\nbe eligible for reimbursement for administrative costs incurred during\nthe preceding year of fifty dollars for each eligible preschool child\nserved in such year pursuant to this section. On or after July first,\ntwo thousand one, and annually thereafter, municipalities shall be\neligible for reimbursement for administrative costs incurred during the\npreceding year of seventy-five dollars for each eligible preschool child\nserved in such year pursuant to this section. Each municipality shall\nsubmit a claim in a form prescribed by the commissioner. Upon approval,\nreimbursement shall be made by the commissioner from appropriations\navailable therefor. Such reimbursement shall be made in the first\ninstance from any federal funds designated under federal law for local\nuse, as determined by the commissioner, that are available after\nsatisfying the provisions of subparagraph (i) of this paragraph. To the\nextent that such federal funds are not sufficient or available to\nreimburse a municipality for such costs, reimbursement shall be made\nwith state funds.\n  e. Public special education funding provided for the purposes of this\nsection shall not be used to purchase regular preschool educational\nservices, day care or other child care services, or to purchase any\ninstructional service other than special services or programs as defined\nin subdivision two of section forty-four hundred one of this article or\nin this section, and the purchase of such regular preschool educational\nservices and child care services shall not be approvable pursuant to\nthis section as a charge upon the municipality or the board.\n  11. Financial responsibility for approved costs. a. The approved costs\nfor a preschool child who receives services pursuant to this section\nshall be a charge upon the municipality wherein such child resides. All\napproved costs shall be paid in the first instance and at least\nquarterly by the appropriate governing body or officer of the\nmunicipality upon vouchers presented and audited in the same manner as\nthe case of other claims against the municipality. Notwithstanding any\ninconsistent provisions of this section, upon notification by the\ncommissioner, a municipality may withhold payments due any provider for\nservices rendered to preschool children in a program for which the\ncommissioner has been unable to establish a tuition rate due to the\nfailure of the provider to file complete and accurate reports for such\npurpose, as required by the commissioner.\n  b. (i) Commencing with the reimbursement of municipalities for\nservices provided pursuant to this section on or after July first,\nnineteen hundred ninety-three, the state shall reimburse fifty-nine and\none half percent of the approved costs paid by a municipality for the\npurposes of this section. Commencing with the reimbursement of\nmunicipalities for services provided pursuant to this section on or\nafter July first, nineteen hundred ninety-four, the state shall\nreimburse sixty-nine and one-half percent of the approved costs paid by\na municipality for the purposes of this section. The state shall\nreimburse fifty percent of the approved costs paid by a municipality for\nthe purposes of this section for services provided prior to July first,\nnineteen hundred ninety-three. Such state reimbursement to the\nmunicipality shall not be paid prior to April first of the school year\nin which such approved costs are paid by the municipality.\n  (ii) In accordance with a schedule adopted by the commissioner, each\nmunicipality which has been notified by a board of its obligation to\ncontract for the provision of approved special services or programs for\na preschool child shall be provided with a listing of all such children\nby the commissioner. Such list shall include approved services and costs\nas prescribed by the commissioner for each such child for whom the\nmunicipality shall certify, on such list, the amount expended for such\npurposes and the date of expenditure. Upon the receipt of such certified\nstatement, the commissioner shall examine the same, and if such\nexpenditures were made as required by this section, the commissioner\nshall approve it and transmit it to the comptroller for audit. The\ncomptroller shall thereupon issue his warrant, in the amount specified\nin such approved statement for the payment thereof out of moneys\nappropriated therefor, to the municipal treasurer or chief fiscal\nofficer as the case may be.\n  (iii) (a) Notwithstanding the provisions of this paragraph, any monies\ndue municipalities pursuant to this paragraph for services provided\nduring the two thousand eight--two thousand nine and prior school years\nshall be reduced by an amount equal to the product of the percentage of\nthe approved costs reimbursed by the state pursuant to subparagraph (i)\nof this paragraph and any federal participation, pursuant to title XIX\nof the social security act, in special education programs provided\npursuant to this section. The commissioner shall deduct such amount, as\ncertified by the commissioner of health as the authorized fiscal agent\nof the state education department. Such deductions shall be made in\naccordance with a plan developed by the commissioner and approved by the\ndirector of the budget. To the extent that such deductions exceed moneys\nowed to the municipality pursuant to this paragraph, such excess shall\nbe deducted from any other payments due the municipality.\n  (b) Any moneys due municipalities pursuant to this paragraph for\nservices provided during the two thousand nine--two thousand ten school\nyear and thereafter, or for services provided in a prior school year\nthat were not reimbursed by the state on or before April first, two\nthousand eleven, shall, in the first instance, be designated as the\nstate share of moneys due a municipality pursuant to title XIX of the\nsocial security act, on account of school supportive health services\nprovided to preschool students with disabilities pursuant to this\nsection. Such state share shall be assigned on behalf of municipalities\nto the department of health, as provided herein; the amount designated\nas such nonfederal share shall be transferred by the commissioner to the\ndepartment of health based on the monthly report of the commissioner of\nhealth to the commissioner; and any remaining moneys to be apportioned\nto a municipality pursuant to this section shall be paid in accordance\nwith this section. The amount to be assigned to the department of\nhealth, as determined by the commissioner of health, for any\nmunicipality shall not exceed the federal share of any moneys due such\nmunicipality pursuant to title XIX of the social security act. Moneys\ndesignated as state share moneys shall be paid to such municipality by\nthe department of health based on the submission and approval of claims\nrelated to such school supportive health services, in the manner\nprovided by law.\n  (iv) Notwithstanding any other provision of law to the contrary, no\npayments shall be made by the commissioner pursuant to this section on\nor after July first, nineteen hundred ninety-six based on a claim for\nservices provided during school years nineteen hundred\neighty-nine--ninety, nineteen hundred ninety--ninety-one, nineteen\nhundred ninety-one-ninety-two, nineteen hundred\nninety-two--ninety-three, nineteen hundred ninety-three--ninety-four,\nand nineteen hundred ninety-four--ninety-five which is submitted later\nthan two years after the end of the nineteen hundred\nninety-five--ninety-six school year; provided, however, that no payment\nshall be barred or reduced where such payment is required as a result of\na court order or judgment or a final audit, and provided further that\nthe commissioner may grant a waiver to a municipality excusing the late\nfiling of such a claim upon a finding that the delay was caused by a\nparty other than the municipality or a board to which the municipality\ndelegated authority pursuant to paragraph f of subdivision five or\nsubdivision eight of this section.\n  (v) Notwithstanding any other provision of law to the contrary, no\npayments shall be made by the commissioner pursuant to this section on\nor after July first, nineteen hundred ninety-six based on a claim for\nservices provided in the nineteen hundred ninety-five--ninety-six school\nyear or thereafter which is submitted later than three years after the\nend of the school year in which services were rendered, provided,\nhowever, that no payment shall be barred or reduced where such payment\nis required as a result of a court order or judgment or a final audit,\nand provided further that the commissioner may grant a waiver to a\nmunicipality excusing the late filing of such a claim upon a finding\nthat the delay was caused by a party other than the municipality or a\nboard to which the municipality delegates authority pursuant to\nparagraph f of subdivision five or subdivision eight of this section.\n  (vi) Notwithstanding any other provision of law to the contrary,\nbeginning with state reimbursement otherwise payable in the two thousand\nsix--two thousand seven state fiscal year and in each year thereafter,\npayments pursuant to this section, subject to county agreement and in\nthe amounts specified in such agreement, shall be paid no later than\nJune thirtieth of the state fiscal year next following the state fiscal\nyear in which such reimbursement was otherwise eligible for payment and\nin which the liability to the county for such state reimbursement\naccrued, provided that such payments in a subsequent state fiscal year\nshall be recognized by the state and the applicable county as satisfying\nthe state reimbursement obligation for the prior state fiscal year. Any\nunspent amount associated with such county agreements shall not be\navailable for payments to other counties or municipalities.\n  c. (i) Each municipality, or, in addition, in the case of a city of\none million or more persons, the board, may perform a fiscal audit of\nsuch services or programs for which it bears fiscal responsibility in\naccordance with audit standards established by the commissioner, which\nmay include site visitation. The department shall provide guidelines on\nstandards and procedures to municipalities and boards, for fiscal audits\nof services or programs pursuant to this section. Prior to commencing a\nfiscal audit pursuant to this subparagraph, a municipality shall\nascertain that neither the state nor any other municipality has\nperformed a fiscal audit of the same services or programs within the\ncurrent fiscal year for such program. If it is determined that no such\naudit has been performed, the municipality shall inquire with the\ndepartment to determine which other municipalities, if any, bear\nfinancial responsibility for the services or programs to be audited and\nshall afford such other municipalities an opportunity to recommend\nissues to be examined through the audit. Municipalities completing\naudits pursuant to this subparagraph shall provide copies to the\ndepartment, the provider of the services and programs and all other\nmunicipalities previously determined to bear financial responsibility\nfor the audited services and programs. No other municipality may conduct\nan additional fiscal audit of the same services or programs during such\ncurrent fiscal year for such program.\n  (ii) Payments made pursuant to this section by a municipality shall,\nupon conclusion of the July first to June thirtieth school year for\nwhich such payment was made, be subject to audit against the actual\ndifference between such audited expenditures and revenues. The\nmunicipality shall submit the results of any such audit to the\ncommissioner and the commissioner of social services, if appropriate,\nfor review and, if warranted, adjustment of the tuition and/or\nmaintenance rates. The municipality is authorized to recover\noverpayments made to a provider of special services or programs pursuant\nto this section as determined by the commissioner or the commissioner of\nhealth based upon their adjustment of a tuition and/or maintenance rate,\nprovided that for purposes of making such adjustment and recovery, the\nmunicipality shall be deemed to have paid one hundred percent of the\ndisallowed costs. Such recovery may be accomplished by withholding such\namount from any moneys due the provider in the current year, or by\ndirect reimbursement. The commissioner shall promulgate rules and\nregulations necessary to implement the provisions of this paragraph\nwithin sixty days of the effective date of the chapter of the laws of\ntwo thousand thirteen which amended this subparagraph.\n  12. Advisory committees. a. The commissioner shall establish an\nadvisory committee consisting of representatives of municipalities to\nadvise the commissioner on establishing the rate methodology authorized\nby subdivision ten of this section.\n  b. The commissioner shall establish such other advisory committees as\nhe deems necessary to implement the provisions of this section.\n  13. a. The commissioner shall adopt regulations to implement the\nprovisions of this section. Such regulations shall include:\n  (i) regional cost ceilings on average per pupil transportation cost\nfor the reimbursement of transportation expenditures, where regions\nshall be as defined by the commissioner;\n  (ii) the requirement that committees identify transportation options\nfor preschool children, consistent with this article, including\nencouraging parents to transport their children at public expense where\ncost-effective; and\n  (iii) the requirement that each program approved pursuant to the\nprovisions of this section shall make application to the commissioner\nfor approval to provide special education itinerant services.\n  b. The commissioner shall ensure that eligibility criteria are\nconsistently applied.\n  c. The commissioner shall, in consultation with clinicians trained in\nearly childhood educational services, municipal representatives,\nrepresentatives of parents of children requiring preschool and school\nage special education services, representatives of statewide and\nregional provider organizations, academic experts concerned with the\nprovision of special education services, and such other early childhood\neducation professionals as the commissioner shall deem appropriate,\ndevelop clinical practice guidelines for the purpose of assisting\nevaluators with respect to appropriate diagnosis and evaluation, and\ncommittees with respect to the type, frequency and duration of services.\nThe commissioner may at his or her own discretion use existing advisory\ncommittees and may add additional members to develop these guidelines.\nSuch guidelines shall be designed to assure that appropriate services\nare provided in a manner which is necessary and cost efficient, and in\nthe least restrictive environment, and shall promote the education of\nchildren in integrated settings with children who do not have\ndisabilities insofar as possible and appropriate, including through the\nprovision of related services or special education itinerant services.\n  * d. The commissioner shall establish procedures for administrative\nappeals to resolve interagency disputes between boards and\nmunicipalities over responsibility for provision of, or payment for,\nspecial education programs or services to preschool children with\ndisabilities. During the pendency of any such appeal, the board or,\nwhere applicable, a state department or agency responsible for\ndeveloping the preschool child's individualized education program, shall\nprovide and pay for the special education programs and services on the\npreschool child's individualized education program and may seek\nreimbursement in the appeal. The commissioner shall be authorized to\nmake all orders that in the commissioner's judgment are proper or\nnecessary to give effect to the decision in the appeal. Upon a\ndetermination that a public agency has failed to provide or pay for such\nspecial education programs and services, the commissioner shall certify\nthe amount of such costs to the state comptroller and the state\ncomptroller to deduct such amount from any state funds that become due\nto such public agency.\n  * NB Repealed June 30, 2027\n
N.Y. SOS Law § 111-T — New York Code / Act SOS / Article 3 / Title 6-A / Section 111-T
Authority to secure assets
Status: in_force

§ 111-t.  Authority to secure assets.  The department or a social\nservices district or its authorized representative, or another state's\nchild support enforcement agency governed by title IV-D of the social\nsecurity act, for the purpose of collecting overdue support, shall be\nauthorized in accordance with all applicable provisions of law, to\nsecure assets otherwise due a support obligor by:\n  1.  intercepting or seizing periodic or lump sum payments due such\nobligor from:\n  (a)  a state or local agency, including unemployment compensation,\nworkers' compensation, and other benefits; and\n  (b)  judgments, settlements and lottery winnings;\n  2.  attaching and seizing assets of such obligors which are held in\nfinancial institutions;\n  3.  attaching public and private retirement funds of such obligors;\nand\n  4.  imposing liens against real and personal property owned by such\nobligors; and where appropriate, forcing the sale of property owned by\nsuch obligors and distributing proceeds from the sale of such\nproperties.\n
N.Y. PBH Law § 394 — New York Code / Act PBH / Article 3 / Title 6 / Section 394
Consolidated health district; board of health; officers
Status: in_force

§ 394. Consolidated health district; board of health; officers.  The\nboard of health of a consolidated health district shall from time to\ntime elect a president from among its members. The health officer of a\nconsolidated health district shall serve as the secretary of the board\nof health thereof without additional remuneration therefor.\n
N.Y. ELN Law § 8-604 — New York Code / Act ELN / Article 8 / Title 6 / Section 8-604
Registration during early voting
Status: in_force

§ 8-604. Registration during early voting. 1. In addition to other\nmethods of voter registration provided under this chapter, a person who\nis not registered to vote in the state but is otherwise qualified to\nregister to vote and to cast a ballot may register to vote and enroll in\na political party at an early voting polling location, provided such\nregistration is in accordance with the voter registration deadline set\nforth in subdivision three of section 5-210 of this chapter.\n  2. A qualified person who is not registered to vote in the state who\nappears at an early voting polling place shall be offered the\nopportunity to register to vote and enroll in a political party and\nshall be given an affidavit ballot, provided such registration is in\naccordance with the voter registration deadline set forth in subdivision\nthree of section 5-210 of this chapter.\n  3. If such registration is deemed effective, the board of elections\nshall add the person's voter registration information to the statewide\nelectronic voter file and include the corresponding affidavit ballot in\nthe official canvass, if otherwise valid.\n  4. The board of elections shall conduct the receipt and handling of\neach voter registration and corresponding ballot in a manner that\nprotects the secrecy of the ballot and allows the elections official to\nprocess the registration and include the corresponding ballot in the\nofficial canvass, if otherwise valid.\n  5. The board of elections shall advise a person completing such voter\nregistration of the procedures for determining the validity of such\nvoter registration.\n  6. The state board of elections shall promulgate rules and regulations\nto implement this section.\n
N.Y. SOS Law § 428 — New York Code / Act SOS / Article 6 / Title 6 / Section 428
Separability
Status: in_force

§ 428.  Separability.  If any provision of this title or the\napplication thereof to any person or circumstances is held to be\ninvalid, the remainder of the act and the application of such provision\nto other persons or circumstances shall not be affected thereby.\n