N.Y. EDN Law § 4402 — New York Code / Act EDN / Title 6 / Article 89 / Section 4402
Duties of school districts
Status: in_force

§ 4402. Duties of school districts. 1. * a. The board of education or\ntrustees of each school district and the city school district of the\ncity of New York shall, under regulations prescribed by the commissioner\nand approved by the regents of the university, identify, locate and\nevaluate in accordance with this section all students with disabilities\nin such district who are in need of special education, including\nchildren with disabilities who are homeless children or are wards of the\nstate as defined in the regulations of the commissioner and, consistent\nwith section thirty-six hundred two-c of this chapter, students who\nattend nonpublic schools within such school district, and shall maintain\na register containing the name of each child with a disability who\nresides in the district, the nature of such child's disability, the\neducational placement and setting, if any, of such child, and any other\nstudent-specific data required to comply with federal law or\nregulations.\n  * NB Effective until June 30, 2027\n  * a. The board of education or trustees of each school district and\nthe city school district of the city of New York shall ascertain under\nregulations prescribed by the commissioner and approved by the regents\nof the university, the number of children with handicapping conditions\nin such district under the age of twenty-one years and the nature of the\nhandicapping condition of each such child in accordance with the\nprovisions of this section, and shall maintain a register containing the\nname of each child with a handicapping condition who resides in the\ndistrict, the nature of such child's handicapping condition, the\neducational placement and setting, if any, of such child.\n  * NB Effective June 30, 2027\n  b. (1) The board of education or trustees of each school district\nshall establish committees and/or subcommittees on special education as\nnecessary to ensure timely evaluation and placement of pupils. The board\nof education of the city school district of the city of New York, shall\nestablish at least one committee on special education in each of its\ncommunity school districts, provided that appointments to the community\nschool district committees shall be made upon the approval of the\ncommunity school board except that the board of education of the city\nschool district of the city of New York, may establish one committee to\nserve more than one community school district, in which case,\nappointments thereto shall be made upon the joint approval of the\naffected community school boards; provided, however, that prior to such\nconsolidation, the board shall consider the relative caseload of the\ncommittee on special education in each affected community school\ndistrict, including but not limited to the following factors: the number\nof students evaluated by such committee; the number of referrals to\nspecial education in such community school district; the ability to\ncomply with mandated paperwork and timelines; and other issues which the\nboard deems pertinent.\n  (a) Such committees shall be composed of at least the following\nmembers:  (i) the parents or persons in parental relationship to the\nstudent; (ii) one regular education teacher of the student whenever the\nstudent is or may be participating in the regular education environment;\n(iii) one special education teacher of the student, or, if appropriate,\na special education provider of the student; (iv) a school psychologist;\n(v) a representative of such school district who is qualified to provide\nor administer or supervise special education and is knowledgeable about\nthe general curriculum and the availability of resources of the school\ndistrict; (vi) an individual who can interpret the instructional\nimplications of evaluation results; (vii) a school physician; (viii) an\nadditional parent, residing in the school district or a neighboring\nschool district, of a student with a disability, of a student who has\nbeen declassified and is no longer eligible for an individualized\neducation program (IEP), or a parent of a disabled child who has\ngraduated, for a period of five years beyond the student's\ndeclassification or graduation, provided such parent shall not be\nemployed by or under contract with the school district, and provided\nfurther that such additional parent shall not be a required member if\nthe parents request that such additional parent member not participate;\n(ix) such other persons having knowledge or special expertise regarding\nthe student as the school district or the parents or persons in parental\nrelationship to the student shall designate, to the extent required\nunder federal law; and (x) if appropriate, the student.\n  * (b) In determining the composition of such committee pursuant to\nclause (a) of this subparagraph, a school district may determine that a\nmember appointed pursuant to one of subclause (ii), (iii), (iv), (v) or\n(ix) of clause (a) of this subparagraph also fulfills the requirement of\nsubclause (vi) of clause (a) of this subparagraph of a member who is an\nindividual who can interpret the instructional implications of\nevaluation results where such individuals are determined by the school\ndistrict to have the knowledge and expertise to do so and/or that a\nmember appointed pursuant to subclause (iii) or (iv) of clause (a) of\nthis subparagraph also fulfills the requirement of subclause (v) of\nclause (a) of this subparagraph of a member who is a representative of\nthe school district. The regular education teacher of the student shall\nparticipate in the development, review and revision of the\nindividualized education program for the student, to the extent required\nunder federal law. The school physician need not be in attendance at any\nmeeting of the committee on special education unless specifically\nrequested in writing, at least seventy-two hours prior to such meeting\nby the parents or other person in parental relation to the student in\nquestion, the student, or a member of the committee on special\neducation. The parents or persons in parental relation of the student in\nquestion shall receive proper written notice of their right to have the\nschool physician attend the meetings of the committee on special\neducation upon referral of said student to the committee on special\neducation or whenever such committee plans to modify or change the\nidentification, evaluation or educational placement of the student. The\nadditional parent need not be in attendance at any meeting of the\ncommittee on special education unless specifically requested in writing,\nat least seventy-two hours prior to such meeting by the parents or other\nperson in parental relation to the student in question, the student, or\na member of the committee on special education. The parents or persons\nin parental 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. The committee shall invite the appropriate\nprofessionals most familiar with a student's disability or disabilities\nto attend any meeting concerning the educational program for such\nstudent. Except as otherwise provided in this clause or clause (b-1) or\n(b-2) of this subparagraph, all members of such committee shall attend\nmeetings of the committee on special education.\n  Members of such committee shall serve at the pleasure of such board\nand members who are neither employees of nor under contract with such\ndistrict shall serve without compensation except that such members shall\nbe entitled to a per diem to defray expenses incurred in such service,\nprovided, however, that any expense incurred shall be deemed an aidable\noperating expense for purposes of state aid.\n  * NB Effective until June 30, 2027\n  * (b) In determining the composition of such committee pursuant to\nclause (a) of this subparagraph, a school district may determine that a\nmember appointed pursuant to one of subclause (ii), (iii), (iv), (v) or\n(ix) of clause (a) of this subparagraph also fulfills the requirement of\nsubclause (vi) of clause (a) of this subparagraph of a member who is an\nindividual who can interpret the instructional implications of\nevaluation results where such individuals are determined by the school\ndistrict to have the knowledge and expertise to do so and/or that a\nmember appointed pursuant to subclause (iii) or (iv) of clause (a) of\nthis subparagraph also fulfills the requirement of subclause (v) of\nclause (a) of this subparagraph of a member who is a representative of\nthe school district. The regular education teacher of the student shall\nparticipate in the development, review and revision of the\nindividualized education program for the student, to the extent required\nunder federal law. The school physician need not be in attendance at any\nmeeting of the committee on special education unless specifically\nrequested in writing, at least seventy-two hours prior to such meeting\nby the parents or other person in parental relationship to the student\nin question, the student, or a member of the committee on special\neducation. The parents or persons in parental relationship of the\nstudent in question shall receive proper written notice of their right\nto have the school physician attend the meetings of the committee on\nspecial education upon referral of said student to the committee on\nspecial education or whenever such committee plans to modify or change\nthe identification, evaluation or educational placement of the student.\nThe additional parent need not be in attendance at any meeting of the\ncommittee on special education unless specifically requested in writing,\nat least seventy-two hours prior to such meeting by the parents or other\nperson in parental relation to the student in question, the student, or\na member of the committee on special education. The parents or persons\nin parental 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. The committee shall invite the appropriate\nprofessionals most familiar with a student's disability or disabilities\nto attend any meeting concerning the educational program for such\nstudent.\n  Members of such committee shall serve at the pleasure of such board\nand members who are neither employees of nor under contract with such\ndistrict shall serve without compensation except that such members shall\nbe entitled to a per diem to defray expenses incurred in such service,\nprovided, however, that any expense incurred shall be deemed an aidable\noperating expense for purposes of state aid.\n  * NB Effective June 30, 2027\n  * (b-1) Notwithstanding any provision of law, rule or regulation to\nthe contrary, a member of the committee on special education, other than\nthe parents or persons in parental relation to the student is not\nrequired to attend a meeting of the team, in whole or in part, if the\nparent or person in parental relation to the student and the school\ndistrict agree, in writing, that the attendance of the member is not\nnecessary because the member's area of the curriculum or related\nservices is not being modified or discussed at the meeting.\n  * NB Repealed June 30, 2027\n  * (b-2) Notwithstanding any provision of law, rule or regulation to\nthe contrary, a member of the committee on special education, other than\nthe parents or persons in parental relation to the student, may be\nexcused from attending a meeting of the committee, in whole or in part,\nwhen the meeting involves a modification to or discussion of the\nmember's area of the curriculum or related services if the parent or\nperson in parental relation to the student and the school district\nconsent, in writing, to the excusal and the excused member submits to\nthe parent or person in parental relation to the student and such\ncommittee, written input into the development of the individualized\neducation program, and in particular written input with respect to their\narea of curriculum or related services prior to the meeting.\n  * NB Repealed June 30, 2027\n  * (b-3) Requests for excusal of a member of the committee as provided\nfor in clauses (b-1) and (b-2) of this subparagraph, and the written\ninput as provided for in clause (b-2) of this subparagraph, shall be\nprovided not less than five calendar days prior to the meeting date, in\norder to afford the parent or person in parental relation a reasonable\ntime to review and consider the request. Provided however, that a parent\nor person in parental relation shall retain the right to request and/or\nagree with the school district to excuse a member of the special\neducation committee at any time including where the member is unable to\nattend the meeting because of an emergency or unavoidable scheduling\nconflict and the school district submits the written input for review\nand consideration by the parent or person in parental relation within a\nreasonable time prior to the meeting and prior to obtaining written\nconsent of the parent or person in parental relation to such excusal.\n  * NB Repealed June 30, 2027\n  (c) Districts not having available personnel may share the services of\na local committee on special education with another school district or\ncontract with a board of cooperative educational services for such\npersonnel pursuant to regulations of the commissioner. A district having\na subcommittee on special education may share the services of a local\ncommittee on special education with another school district, provided\nthat a representative of such school district who is qualified to\nprovide or administer or supervise special education and is\nknowledgeable about the general curriculum and the availability of\nresources of the school district shall be a member of such committee\nwhen it convenes on behalf of a student who is a resident of such\ndistrict.\n  * (d) Boards of education in city school districts in cities having in\nexcess of one hundred twenty-five thousand inhabitants shall appoint\nsubcommittees on special education, to the extent necessary to ensure\ntimely evaluation and placement of students with disabilities. Boards of\neducation or trustees of any school district outside of a city having a\npopulation in excess of one hundred twenty-five thousand inhabitants may\nappoint subcommittees on special education to assist the board of\neducation in accordance with this clause and the regulations of the\ncommissioner. The membership of each subcommittee shall include, but not\nbe limited to, the committee members required by subclauses (i), (ii),\n(iii), (v), (vi), (ix) and (x) of clause (a) of this subparagraph, and a\nschool psychologist whenever a new psychological evaluation is reviewed\nor a change to a more restrictive program option, as defined in\nregulations of the commissioner, is considered. Except when (i) a\nstudent is considered for initial placement in a special class, or (ii)\na student is considered for initial placement in a special class outside\nof the student's school of attendance, or (iii) whenever a student is\nconsidered for placement in a school primarily serving students with\ndisabilities or a school outside of the student's district, each\nsubcommittee may perform the functions for which the committee on\nspecial education is responsible pursuant to the provisions of this\nsubdivision. Notwithstanding any other provisions of this clause to the\ncontrary, attendance of members of a subcommittee may be excused from\nattendance in the same manner as members of a committee on special\neducation pursuant to clauses (b-1), (b-2) or (b-3) of this\nsubparagraph. Each subcommittee shall report annually the status of each\nstudent with a disability within its jurisdiction to the committee on\nspecial education, and the subcommittee shall refer to the committee,\nupon receipt of a written request from the parent or person in parental\nrelation to a student, any matter in which the parent disagrees with the\nsubcommittee's recommendation concerning a modification or change in the\nidentification, evaluation, educational placement or provision of a free\nappropriate public education to such student. The committee on special\neducation shall be responsible for oversight and monitoring of the\nactivities of each subcommittee to assure compliance with the\nrequirements of applicable and federal law and regulations.\n  * NB Effective until June 30, 2027\n  * (d) Boards of education in city school districts in cities having in\nexcess of one hundred twenty-five thousand inhabitants shall appoint\nsubcommittees on special education, to the extent necessary to ensure\ntimely evaluation and placement of students with disabilities. Boards of\neducation or trustees of any school district outside of a city having a\npopulation in excess of one hundred twenty-five thousand inhabitants may\nappoint subcommittees on special education to assist the board of\neducation in accordance with this clause and the regulations of the\ncommissioner. The membership of each subcommittee shall include, but not\nbe limited to, the committee members required by subclauses (i), (ii),\n(iii), (v), (vi), (ix) and (x) of clause (a) of this subparagraph, and a\nschool psychologist whenever a new psychological evaluation is reviewed\nor a change to a more restrictive program option, as defined in\nregulations of the commissioner, is considered. Except when (i) a\nstudent is considered for initial placement in a special class, or (ii)\na student is considered for initial placement in a special class outside\nof the student's school of attendance, or (iii) whenever a student is\nconsidered for placement in a school primarily serving students with\ndisabilities or a school outside of the student's district, each\nsubcommittee may perform the functions for which the committee on\nspecial education is responsible pursuant to the provisions of this\nsubdivision. Each subcommittee shall report annually the status of each\nstudent with a disability within its jurisdiction to the committee on\nspecial education, and the subcommittee shall refer to the committee,\nupon receipt of a written request from the parent or person in parental\nrelationship to a student, any matter in which the parent disagrees with\nthe subcommittee's recommendation concerning a modification or change in\nthe identification, evaluation, educational placement or provision of a\nfree appropriate public education to such student. The committee on\nspecial education shall be responsible for oversight and monitoring of\nthe activities of each subcommittee to assure compliance with the\nrequirements of applicable and federal law and regulations.\n  * NB Effective June 30, 2027\n  * (2) Such committees or subcommittees shall review at least annually,\nthe status of each student with a disability and each student thought to\nbe disabled who is identified pursuant to paragraph a of this\nsubdivision. Such review shall consider the educational progress and\nachievement of the student with a disability and the student's ability\nto participate in instructional programs in regular education.\n  * NB Effective until June 30, 2027\n  * (2) Such committees or subcommittees shall identify, review and\nevaluate at least annually, the status of each child with a handicapping\ncondition and each child thought to be handicapped who resides within\nthe school district. Such review shall consider the educational progress\nand achievement of the child with a handicapping condition and the\nchild's ability to participate in instructional programs in regular\neducation.\n  * NB Effective June 30, 2027\n  (3) The committee or when applicable the subcommittee shall:\n  (a) Obtain, review and evaluate all relevant information, including\nbut not limited to that presented by the parent, person in parental\nrelationship and teacher, pertinent to each child suspected of or\nidentified as having a disability, including the results of a physical\nexamination performed in accordance with sections nine hundred three,\nnine hundred four and nine hundred five of this chapter and, where\ndetermined to be necessary by a school psychologist, an appropriate\npsychological evaluation performed by a qualified private or school\npsychologist, and other appropriate assessments as necessary to\nascertain the physical, mental, emotional and cultural-educational\nfactors which may contribute to the suspected or identified disability,\nand all other school data which bear on the child's progress, including,\nwhere appropriate, observation of classroom performance.\n  * (b) (i) Make recommendations based upon a written evaluation setting\nforth the reasons for the recommendations, to the child's parent or\nperson in parental relation and board of education or trustees as to\nappropriate educational programs and placement in accordance with the\nprovisions of subdivision six of section forty-four hundred one-a of\nthis article, and as to the advisability of continuation, modification,\nor termination of special class or program placements which evaluation\nshall be furnished to the child's parent or person in parental relation\ntogether with the recommendations provided, however that the committee\nmay recommend a placement in a school which uses psychotropic drugs only\nif such school has a written policy pertaining to such use that is\nconsistent with subdivision four-a of section thirty-two hundred eight\nof this chapter and that the parent or person in parental relation is\ngiven such written policy at the time such recommendation is made. If\nsuch recommendation is not acceptable to the parent or person in\nparental relation, such parent or person in parental relation may appeal\nsuch recommendation as provided for in section forty-four hundred four\nof this chapter.\n  (ii) Notwithstanding any provisions of this clause or clause (a) of\nthis subparagraph to the contrary, in making changes to a student's\nindividualized education program after the annual review has been\nconducted, the parent or person in parental relation to the student and\nthe school district may agree not to convene a meeting of the committee\non special education for the purpose of making those changes, and\ninstead may develop a written document to amend or modify the student's\ncurrent individualized education program under the following\ncircumstances:\n  (A) 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  (B) 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 dominate 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  (C) 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 special education committee shall be notified\nof such changes. If the school district makes such changes by rewriting\nthe entire individualized education program, it shall provide the parent\nor person in parental relation with a copy of the rewritten\nindividualized education program. If the school district amends the\nindividualized education program without rewriting the entire document,\nthe school district shall provide the parent or person in parental\nrelation with a copy of the document that amends or modifies the\nindividualized 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\nsubitem shall not affect the requirement that the special education\ncommittee review the individualized education program at the annual\nmeeting, or more often if necessary.\n  * NB Effective until June 30, 2027\n  * (b) Make recommendations based upon a written evaluation setting\nforth the reasons for the recommendations, to the child's parent or\nperson in parental relationship and board of education or trustees as to\nappropriate educational programs and placement in accordance with the\nprovisions of subdivision six of section forty-four hundred one-a of\nthis article, and as to the advisability of continuation, modification,\nor termination of special class or program placements which evaluation\nshall be furnished to the child's parent or person in parental\nrelationship together with the recommendations provided, however that\nthe committee may recommend a placement in a school which uses\npsychotropic drugs only if such school has a written policy pertaining\nto such use and that the parent or person in parental relationship is\ngiven such written policy at the time such recommendation is made. If\nsuch recommendation is not acceptable to the parent or person in\nparental relationship, such parent or person in parental relationship\nmay appeal such recommendation as provided for in section forty-four\nhundred four of this chapter.\n  * NB Effective June 30, 2027\n  (c) Provide written prior notice to the parents or person in parental\nrelationship of the child upon receipt of referral for evaluation or\nwhenever such committee plans to continue, modify or change the\nidentification, evaluation, or educational placement of the child or the\nprovision of a free appropriate public education to the child and advise\nthe parent of or person in parental relationship to the child of his or\nher opportunity to address the committee, either in person or in\nwriting, on the appropriateness of the committee's recommendations on\nprogram placements to be made to the board of education or trustees.\nSuch notice shall, where a child has been placed in a residential\nprogram by a committee on special education, or has been determined to\nbe at risk of such a placement pursuant to subparagraph four of\nparagraph b of subdivision one of section forty-four hundred two of this\narticle, also notify the parent or other person in parental relationship\nthat the child is not entitled to receive free educational services or\nto remain in a residential educational program after the age of\ntwenty-one, the receipt of a high school diploma or the time described\nin subdivision five of this section.\n  * (d) Advise the board of education or trustees concerning the\nfrequency and nature of periodic reevaluations of students with\ndisabilities by appropriate specialists, provided, however, that each\nstudent in a special program or a special class shall be reevaluated by\nqualified appropriate school personnel at least once every three years,\nexcept where the school district and the parent or person in parental\nrelation to the student agree in writing that such a reevaluation is\nunnecessary.  A reevaluation of a student with a disability shall be\nconducted by qualified individuals, in accordance with regulations of\nthe commissioner consistent with the requirements of a reevaluation as\ndefined by the applicable federal regulation. A reevaluation may not be\nconducted more than once a year unless the parent or person in parental\nrelation to the student and the school district otherwise agree.\n  * NB Effective until June 30, 2027\n  * (d) Advise the board of education or trustees concerning the\nfrequency and nature of periodic reevaluations of students with\ndisabilities by appropriate specialists, provided, however, that each\nstudent in a special program or a special class shall be reevaluated by\nqualified appropriate school personnel at least once every three years.\nA reevaluation of a student with a disability shall be conducted by\nqualified individuals, in accordance with regulations of the\ncommissioner consistent with the requirements of a reevaluation as\ndefined by the applicable federal regulation.\n  * NB Effective June 30, 2027\n  (d-1) Each school district shall develop policies, pursuant to\nregulations of the commissioner, to provide special services or\nprograms, to the extent appropriate to the needs of the child, to enable\nthe child to be involved in and progress in the general education\ncurriculum.\n  (e) Make, or have made, periodic evaluations of the adequacy of\nprograms, services and facilities for children with disabilities.\n  (f) Report periodically, but at least annually, to the board of\neducation or trustees on the status of programs, services, and\nfacilities made available by the school district in accordance with the\nprovisions of subdivision eight of section thirty-six hundred two of\nthis chapter. Such reports shall be kept on file for inspection by the\ncommissioner.\n  (g) Provide for the transmittal of information by the board of\neducation, including such test results and evaluations as the committee\nmay have collected, to the home district of the child with a disability\nin cases where the home school district has contracted for the child's\neducation with another school district or board of cooperative\neducational services.\n  (h) Provide the form developed pursuant to subdivision twenty-two of\nsection four of the veterans' services law to the parent or person in\nparental relation of a child designated by the committee as either\ndisabled or emotionally disturbed.\n  (i) Provide, to the extent appropriate to the individual needs of the\nstudent with a disability that such student is educated in a setting\nwith students who are nondisabled.\n  * (i) In accordance with the regulations of the commissioner and\nsubsection (k) of section fourteen hundred fifteen of title twenty of\nthe United States code and the implementing federal regulations, to\ndevelop a functional behavioral assessment plan, to review, or revise,\nas appropriate, a behavioral intervention plan, to develop appropriate\nbehavioral interventions and to review and revise, as appropriate, the\nimplementation of a behavioral intervention plan, to address the\nbehavior of a student with a disability who is alleged to have engaged\nin misconduct, to the extent required by federal law and regulations.\n  * NB Effective June 30, 2027\n  * (j) In accordance with the regulations of the commissioner and\nsubsection (k) of section fourteen hundred fifteen of title twenty of\nthe United States code and the implementing federal regulations, to\nconduct a functional behavioral assessment, to review, or revise, as\nappropriate or necessary, and implement a behavioral intervention plan,\nto develop appropriate behavioral interventions and to review and\nrevise, as appropriate or necessary, the implementation of a behavioral\nintervention plan, to address the behavior of a student with a\ndisability who is alleged to have engaged in misconduct, to the extent\nrequired by federal law and regulations.\n  * NB Effective until June 30, 2027\n  * (j) In accordance with the regulations of the commissioner and\nsubsection (k) of section fourteen hundred fifteen of title twenty of\nthe United States code and the implementing federal regulations, to\nconduct a review to determine whether behavior of a student with a\ndisability which violates the applicable school rules or code of conduct\nand results in a change in placement under federal law, including but\nnot limited to placement in an interim alternative educational setting\npursuant to clause (iv) or (vii) of subparagraph three of paragraph g of\nsubdivision three of section thirty-two hundred fourteen of this\nchapter, was a manifestation of the student's disability, provided that\nother qualified school district personnel may participate in such\nreview.\n  * NB Effective June 30, 2027\n  * (k) In accordance with the regulations of the commissioner and\nsubsection (k) of section fourteen hundred fifteen of title twenty of\nthe United States code and the implementing federal regulations, to\ndetermine the setting and services to be provided in the interim\nalternative educational setting for a student with a disability who\ncarries or possesses a weapon to or at school, on school premises, or to\nor at a school function or knowingly possesses or uses illegal drugs or\nsells or solicits the sale of a controlled substance while at school or\na school function or who has inflicted serious bodily injury upon\nanother person as defined in federal law and the setting and services to\nbe provided to a student with a disability in an interim alternative\neducational setting or other setting who is removed because of behavior\nthat has been determined not to be a manifestation of the student's\ndisability.\n  * NB Effective until June 30, 2027\n  * (k) In accordance with the regulations of the commissioner and\nsubsection (k) of section fourteen hundred fifteen of title twenty of\nthe United States code and the implementing federal regulations, to\ndetermine the services to be provided in the interim alternative\neducational placement for a student with a disability who carries or\npossesses a weapon to or at school, on school premises, or to or at\nschool function or knowingly possesses or uses illegal drugs or sells or\nsolicits the sale of a controlled substance while at school or a school\nfunction and the services to be provided to a student with a disability\nwho is removed because of behavior that has been determined not to be a\nmanifestation of the student's disability.\n  * NB Effective June 30, 2027\n  (l) In accordance with the regulations of the commissioner and the\nprovisions of subsection (k) of section fourteen hundred fifteen of\ntitle twenty of the United States code, and the implementing federal\nregulations, to conduct expedited evaluations under the circumstances\nspecified in such federal law and regulations and to conduct such\nreviews and make such determinations regarding students presumed to have\na disability for discipline purposes as defined in subdivision three of\nsection thirty-two hundred fourteen of this chapter as are required\nunder the federal individuals with disabilities education act and\nimplementing regulations.\n  (3-a) 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 subcommittee or his or her respective\nschool district who, acting reasonably and in good faith, provides such\ninformation shall not be liable for such action.\n  (4) (a) When the committee on special education of a local school\ndistrict determines that a child who is living in his or her own home is\nat risk of a future placement in a residential school, as determined in\naccordance with guidelines established by the department pursuant to\nsubdivision nineteen of section forty-four hundred three of this\narticle, the committee shall provide the parent or other person in\nparental relationship with information, where such information has been\nmade available to the committee, about the community support services\nthat may be available to the family, including an assessment of the\nfamily's community support services needs in accordance with such\nguidelines and, where such an assessment is available, the name and\naddress of the agency which can perform the assessment.\n  * (b) When the committee on special education of a local school\ndistrict determines that a child who is receiving foster care is at risk\nof a future placement in a residential school, the committee, with the\nconsent of the parent or person in parental relation or the student, if\nhe or she is over the age of eighteen, shall notify the social services\ndistrict responsible for the child of its determination that the child\nis at risk of placement.\n  * NB Effective until June 30, 2027\n  * (b) When the committee on special education of a local school\ndistrict determines that a child who is receiving foster care is at risk\nof a future placement in a residential school, the committee shall\nnotify the social services district responsible for the child of its\ndetermination that the child is at risk of placement.\n  * NB Effective June 30, 2027\n  * (c) The committee on special education, with the consent of the\nparent or person in parental relation or the student, if he or she is\nover the age of eighteen, shall request in writing a designee of the\nappropriate county or state agency to participate, in accordance with\nguidelines established by the department, in any proceeding of the\ncommittee where a child is at risk of residential placement. The\ncommittee shall forward a copy of any such request to the office for\npeople with developmental disabilities and the office of mental health.\nA designee or designees of the agency may participate in any such\nproceeding for the purpose of making recommendations concerning the\nappropriateness of residential placement and other programs and\nplacement alternatives, including, but not limited to, community support\nservices that may be available to the family. Such designee or designees\nshall not be considered members of the committee. Such designee or\ndesignees shall include, but not be limited to, representatives of any\nagency receiving coordinated children's services initiative funding as\nreferenced in the aid to localities budget, of a local interagency\ncoordinating body, of the social services district, the local mental\nhealth agency, or health department, or of the developmental\ndisabilities service office, as appropriate. The name of such designee\nor designees, if any, shall be made available to each committee on\nspecial education in the county. In addition, with the consent of the\nparent or other person in parental relation, the committee may confer\nwith other appropriate providers of services to identify any services\nthat may be of benefit to the family based on the family's\nidentification of or the committee's observation of family services\nneeds. As used in this chapter, the term "county" means county as\ndefined in section four thousand one of this title, and the term\n"appropriate agency" means one of the following agencies:\n  (i) a local interagency body capable of performing a multidisciplinary\nassessment of the family's community support services needs; or\n  (ii) if no such agency exists in the locality, any county agency which\nis receiving state coordinated children's services initiative funding as\nreferenced in the aid to localities budget; or\n  (iii) where neither such agency exists in the locality, either the\narea developmental disabilities services office, where the primary\nreason the child is at risk of placement relates to a developmental\ndisability, or the local mental health agency, where the primary reason\nthe child is at risk of placement relates to any other mental\ndisability.\n  * NB Effective until June 30, 2027\n  * (c) The committee on special education shall request in writing a\ndesignee of the appropriate county or state agency to participate, in\naccordance with guidelines established by the department, in any\nproceeding of the committee where a child is at risk of residential\nplacement. The committee shall forward a copy of any such request to the\noffice for people with developmental disabilities and the office of\nmental health. A designee or designees of the agency may participate in\nany such proceeding for the purpose of making recommendations concerning\nthe appropriateness of residential placement and other programs and\nplacement alternatives, including, but not limited to, community support\nservices that may be available to the family. Such designee or designees\nshall not be considered members of the committee. Such designee or\ndesignees shall include, but not be limited to, representatives of any\nagency receiving coordinated children's services initiative funding as\nreferenced in the aid to localities budget, of a local interagency\ncoordinating body, of the social services district, the local mental\nhealth agency, or health department, or of the developmental\ndisabilities service office, as appropriate. The name of such designee\nor designees, if any, shall be made available to each committee on\nspecial education in the county. In addition, with the consent of the\nparent or other person in parental relationship, the committee may\nconfer with other appropriate providers of services to identify any\nservices that may be of benefit to the family based on the family's\nidentification of or the committee's observation of family services\nneeds. As used in this chapter, the term "county" means county as\ndefined in section four thousand one of this title, and the term\n"appropriate agency" means one of the following agencies:\n  (i) a local interagency body capable of performing a multidisciplinary\nassessment of the family's community support services needs; or\n  (ii) if no such agency exists in the locality, any county agency which\nis receiving state coordinated children's services initiative funding as\nreferenced in the aid to localities budget; or\n  (iii) where neither such agency exists in the locality, either the\narea developmental disabilities services office, where the primary\nreason the child is at risk of placement relates to a developmental\ndisability, or the local mental health agency, where the primary reason\nthe child is at risk of placement relates to any other mental\ndisability.\n  * NB Effective June 30, 2027\n  (d) Nothing in this subparagraph shall be construed to establish an\nentitlement to or constitute a determination of eligibility for any such\nassessment or services, or to require the school district to pay the\ncosts of such assessment or services or to require that such services be\nreflected in the plan of educational services and programs recommended\nor approved for the child, or to limit educational services to be made\navailable to the child or to justify the denial, reduction, or delay of\nsuch services to the child. No cause of action for damages shall arise\nin favor of any person by reason of any failure to comply with the\nprovisions of this section except upon a showing of gross negligence or\nwillful misconduct.\n  (e) Notwithstanding any inconsistent provision of law, residential\nschools are authorized to provide temporary care for persons over age\ntwenty-one who are receiving transitional care as described in section\n7.37-a or 13.37-a of the mental hygiene law, or on whose behalf\ntemporary payments are being made pursuant to sections 7.38 or 13.38 of\nthe mental hygiene law, where such persons were in the care of the\nresidential school at the time of their twenty-first birthday and such\npersons have remained continuously in the care of the residential school\nsince their twenty-first birthday.\n  (f) Notwithstanding any inconsistent provision of law, in any case\nwhere an individual receiving transitional care is about to be\ntransferred from a residential school to an adult placement, a transfer\nplan shall be prepared by the sending facility and forwarded to the\nreceiving facility, the individual and, unless the individual objects,\nthe parents, guardian or other family members prior to the transfer. The\ntransfer plan shall include any information necessary to facilitate a\nsafe transfer, such as specific problems, a schedule for administering\nmedications and behavior unique to the individual.\n  (5) The committee on special education or, in the case of a state\noperated school, the multidisciplinary team shall not later than the\nannual review prior to the eighteenth birthday of a student with a\ndisability who is placed in a residential program by the committee or\nmultidisciplinary team, or a student with a disability who is placed in\na day program but the committee or multidisciplinary team has determined\nthat the student is likely to require adult residential services, with\nthe consent of the parents, notify and invite a representative of the\noffice of mental health, office for people with developmental\ndisabilities, or the state education department, as appropriate, to\nparticipate in the committee on special education meeting for the\ndevelopment of a recommendation for adult services pursuant to section\n7.37 or 13.37 of the mental hygiene law, section three hundred\nninety-eight-c of the social services law or section forty-four hundred\nthree of this article. The committee or multidisciplinary team shall\ngive the parent or guardian of the child, the opportunity to consent in\nwriting to the release of relevant information to such other public\nagency or agencies, upon request of such agency or agencies, for\npurposes of determining appropriateness of an adult program for such\nstudent.\n  (a) For the purposes of this subparagraph "relevant information" shall\nbe defined as that information in the possession of and used by the\ncommittee or the multidisciplinary team to ascertain the physical,\nmental, emotional and cultural-educational factors which contribute to\nthe student's disability, including but not limited to: (i) results of\nphysical and psychological examinations performed by private and school\ndistrict physicians and psychologists; (ii) relevant information\npresented by the parent, guardian and teacher; (iii) school data which\nbear on the student's progress including the student's most recent\nindividualized education program; (iv) results of the most recent\nexaminations and evaluations performed pursuant to clause (d) of\nsubparagraph three of this paragraph; and (v) results of other suitable\nevaluations and examinations possessed by the committee or\nmultidisciplinary team. Nothing in this subparagraph shall be construed\nto require any committee or multidisciplinary team to perform any\nexamination or evaluation not otherwise required by law.\n  (b) Upon consent obtained pursuant to this subparagraph, the committee\nor multidisciplinary team shall forward the student's name and other\nrelevant information in a report to the appropriate public agency as\ndetermined by the committee or multidisciplinary team, based upon the\nstudent's disability and physical, mental, emotional and social needs.\nThe committee shall forward additional and updated relevant information\nto the appropriate public agency upon the request for such information\nby such agency, with the consent of the parents, or the student, if such\nstudent is eighteen years or older.\n  (c) When the committee or multidisciplinary team is notified by the\npublic agency which received the report that such state agency is not\nresponsible for determining and recommending adult services for the\nchild, the committee or multidisciplinary team shall forward the report\nto another public agency; or, if the committee or multidisciplinary team\ndetermines that there exists a dispute as to which state agency has the\nresponsibility for determining and recommending adult services, the\ncommittee or multidisciplinary team may forward the report to the\ncouncil on children and families for a resolution of such dispute.\n  (6) The committee on special education shall provide a copy of the\nhandbook for parents of children with disabilities established under\nsubdivision eight of section four thousand four hundred three of this\narticle or a locally approved booklet for parents of children with\ndisabilities to the parents or person in parental relationship to a\nchild as soon as practicable after such child has been referred for\nevaluation to the committee on special education.\n  2. a. The board of education or trustees of each school district shall\nbe required to furnish suitable educational opportunities for students\nwith disabilities by one of the special services or programs listed in\nsubdivision two of section forty-four hundred one of this article. The\nneed of the individual child shall determine which of such services\nshall be rendered. Each district shall provide to the maximum extent\nappropriate such services in a manner which enables students with\ndisabilities to participate in regular education services when\nappropriate. Such services or programs shall be furnished between the\nmonths of September and June of each year, except that for the nineteen\nhundred eighty-seven--eighty-eight school year and thereafter, with\nrespect to the students whose disabilities are severe enough to exhibit\nthe need for a structured learning environment of twelve months duration\nto maintain developmental levels, the board of education or trustees of\neach school district upon the recommendation of the committee on special\neducation shall also provide, either directly or by contract, for the\nprovision of special services and programs as defined in section\nforty-four hundred one of this article during the months of July and\nAugust as contained in the individualized education program for each\neligible student, and with prior approval by the commissioner if\nrequired; provided that a student with a disability who is eligible for\nservices, including services during the months of July and August,\npursuant to section forty-four hundred ten of this article shall not be\neligible to receive services pursuant to this paragraph during the\nmonths of July and August.\n  b. (1) Provided, however, that in each school district the board of\neducation or trustees of such district are hereby authorized and\nempowered to contract for such special services or programs as such\nboard shall deem reasonable and appropriate for such children with\ndisabilities after consideration of the recommendations of the local\ncommittee on special education and the hearing officer if a hearing is\nheld pursuant to section forty-four hundred four of this chapter and,\nwhere specified in subparagraph two of this paragraph, with the approval\nof the commissioner after a finding by him that no appropriate special\nservices or programs specified in paragraphs a through d and k of\nsubdivision two of section forty-four hundred one are available.\n  (2) The board shall select the most reasonable and appropriate special\nservice or program for such children from those programs specified in\nparagraphs a, b, c, e, f, g, h, i, k, l and m of subdivision two of\nsection forty-four hundred one of this article upon receipt of the\nrecommendation of the committee on special education. All contracts with\nschools pursuant to the provisions of paragraphs d, e, f, g, h, l and m\nof subdivision two of section forty-four hundred one of this article\nshall be subject to the approval of the commissioner. All contracts\nunder paragraph c of subdivision two of section forty-four hundred one\nshall be made in accordance with the provisions of subdivision four of\nsection nineteen hundred fifty of this chapter. No child shall be placed\nin a residential school nor shall a board recommend placement in a\nresidential facility specified in paragraph j of subdivision two of\nsection forty-four hundred one unless there is no appropriate\nnonresidential school available consistent with the needs of the child.\nThe board shall provide written notice of its determination to the\nparent or legal guardian of such child. If the determination of the\nboard of education is not consistent with the recommendations of the\ncommittee on special education, such notice shall include the statement\nof the reasons for such determination which shall identify the factors\nconsidered by the committee on special education in its evaluation.\n  (3) If the board cannot secure an appropriate special service within\nthe state or non-residential program to meet the needs of the child, it\nshall notify the commissioner.\n  c. Nothing in this section shall be deemed or construed to prohibit a\ncommittee on special education from recommending a special service or\nprogram specified in paragraph d of subdivision two of section\nforty-four hundred one of this chapter or to diminish the power of the\ncommissioner to make appointments pursuant to such paragraph.\n  * d. 1. Notwithstanding any provision of law, rule or regulation to\nthe contrary, the board of education or trustees of a school district,\nexcept a city school district in a city with a population of one million\nor more inhabitants may, upon written notice to the commissioner in\ncompliance with subparagraph two of this paragraph and parental\nnotification, for the remainder of the school year exceed the standards\nestablished in regulation for special education class sizes for middle\nand secondary school students as defined by the commissioner for\npurposes of this section by no more than a twenty percent increase above\nsuch standards, provided that the district is in compliance with such\nstandards at the start of classes in September of the school year, and\nfurther provided that a city school district in a city with a population\nof one hundred twenty-five thousand or more and less than one million\ninhabitants shall have the option of either increasing maximum class\nsizes in any school year pursuant to this section or establishing class\nsizes for special classes for certain students with disabilities in\naccordance with the provisions of subdivision six of this section.\n  2. The notice shall be on a form prescribed by the commissioner, and\nshall sufficiently demonstrate educational justification and consistency\nwith continuing an appropriate education for all children affected. The\ncommissioner may revoke or preempt any increase in class size upon a\nfinding that increasing class size as proposed would fail to be\nconsistent with appropriate special education.\n  * NB Repealed July 1, 2027\n  3. Each school district shall make available a register of public or\nprivate agencies and other professional resources within the county from\nwhich a parent or person in parental relationship may obtain an\nindependent evaluation of the child.\n  4. a. The board of education or the board of trustees of each school\ndistrict shall provide suitable transportation to and from special\nclasses or programs, with the exception of residential facilities for\nthe care and treatment of children with disabilities under the\njurisdiction of an agency of the state other than the state department\nof education, as specified in subdivisions two and four of section\nforty-four hundred one of this article.\n  b. Such board may permit any adult, willing to serve without\ncompensation, to act as an attendant for such children.\n  c. Such board shall be empowered to contract for transportation\nservices provided pursuant to this subdivision with any municipality,\nBoard of Cooperative Educational Services, public authority or private\ncontractor meeting the school bus provisions outlined in section\nthirty-six hundred twenty-three of this chapter and the standards and\nspecifications relating thereto.\n  d. Notwithstanding any other provision of law, such board shall\nprovide suitable transportation up to a distance of fifty miles to and\nfrom a nonpublic school which a child with a disability attends if such\nchild has been so identified by the local committee on special education\nand such child attends such school for the purpose of receiving services\nor programs similar to special educational programs recommended for such\nchild by the local committee on special education.\n  5. Notwithstanding any provisions of this article to the contrary or\nthe provisions of section thirty-two hundred two of this chapter, a\nchild with a disability who reaches the age of twenty-one during (a) the\nperiod commencing with the first day of July and ending on the\nthirty-first day of August shall if otherwise eligible, be entitled to\ncontinue in a July and August program until the thirty-first day of\nAugust or until the termination of the summer program, whichever shall\nfirst occur; or (b) the period commencing on the first day of September\nand ending on the thirtieth day of June shall be entitled to continue in\nsuch program until the thirtieth day of June or until the termination of\nthe school year, whichever shall first occur.\n  6. Notwithstanding any other law, rule or regulation to the contrary,\nthe board of education of a city school district with a population of\none hundred twenty-five thousand or more inhabitants shall be permitted\nto establish maximum class sizes for special classes for certain\nstudents with disabilities in accordance with the provisions of this\nsubdivision. For the purpose of obtaining relief from any adverse fiscal\nimpact from under-utilization of special education resources due to low\nstudent attendance in special education classes at the middle and\nsecondary level as determined by the commissioner, such boards of\neducation shall, during the school years nineteen hundred\nninety-five--ninety-six through June thirtieth, two thousand\ntwenty-seven, be authorized to increase class sizes in special classes\ncontaining students with disabilities whose age ranges are equivalent to\nthose of students in middle and secondary schools as defined by the\ncommissioner for purposes of this section by up to but not to exceed one\nand two tenths times the applicable maximum class size specified in\nregulations of the commissioner rounded up to the nearest whole number,\nprovided that in a city school district having a population of one\nmillion or more, classes that have a maximum class size of fifteen may\nbe increased by no more than one student and provided that the projected\naverage class size shall not exceed the maximum specified in the\napplicable regulation, provided that such authorization shall terminate\non June thirtieth, two thousand. Such authorization shall be granted\nupon filing of a notice by such a board of education with the\ncommissioner stating the board's intention to increase such class sizes\nand a certification that the board will conduct a study of attendance\nproblems at the secondary level and will implement a corrective action\nplan to increase the rate of attendance of students in such classes to\nat least the rate for students attending regular education classes in\nsecondary schools of the district. Such corrective action plan shall be\nsubmitted for approval by the commissioner by a date during the school\nyear in which such board increases class sizes as provided pursuant to\nthis subdivision to be prescribed by the commissioner. Upon at least\nthirty days notice to the board of education, after conclusion of the\nschool year in which such board increases class sizes as provided\npursuant to this subdivision, the commissioner shall be authorized to\nterminate such authorization upon a finding that the board has failed to\ndevelop or implement an approved corrective action plan.\n  7. a. The board of education or trustees of each school district and\nthe board of trustees of each charter school shall adopt a policy to\nensure that each regular education teacher, special education teacher,\nrelated service provider, and other service provider who is responsible\nfor the implementation of a student's individualized education program\nshall be given a copy of such student's individualized education program\nprior to the implementation of such program or shall be able to access\nsuch student's individualized education program electronically;\nprovided, however, if the policy provides that the student's\nindividualized education program is to be accessed electronically, then\nsuch policy shall also ensure that the individuals responsible for the\nimplementation of a student's individualized education program shall be\nnotified and trained on how to access such individualized education\nprograms electronically.\n  b. Such policy shall require that any copy of a student's\nindividualized education program provided pursuant to this subdivision\nshall remain confidential and shall not be redisclosed to any other\nperson, in compliance with federal and state laws and regulations,\nincluding the Individuals with Disabilities Education Act and the Family\nEducational Rights and Privacy Act.\n  c. Such policy shall require the chair of the committee on special\neducation to designate a professional employee of the school district\nwith knowledge of the student's disability and education program to,\nprior to the implementation of the individualized education program,\ninform each teacher, assistant and support staff person of his or her\nresponsibility relating to the implementation of the individualized\neducation program and the specific accommodations, modifications, and\nsupports that must be provided for the student in accordance with the\nindividualized education program.\n  8. Upon their child's enrollment or attendance in a public school,\nsuch school shall notify every parent or person in parental relation of\ntheir rights regarding referral and evaluation of their child for the\npurposes of special education services or programs pursuant to\napplicable federal and state laws. Such notification may be provided by\ndirecting parents or persons in parental relation to obtain information\nlocated on the department's website relating to a parent's guide to\nspecial education in New York state for children ages three through\ntwenty-one provided the notification shall also contain the name and\ncontact information for the chairperson of the school district's\ncommittee on special education or other individual who is charged with\nprocessing referrals to the committee in the district.\n  9. The board of education or trustees of each school district shall\ndevelop a procedure to notify the parent or person in parental relation\nof a student with a disability on the same day a physical or mechanical\nrestraint is applied on such student or such student is placed in a time\nout room. When the student's parent or person in parental relation\ncannot be contacted after reasonable attempts are made, the principal\nshall record and report such attempts to the committee on special\neducation.\n
N.Y. PBH Law § 3371 — New York Code / Act PBH / Article 33 / Title 6 / Section 3371
Confidentiality of certain records, reports, and information
Status: in_force

§ 3371. Confidentiality of certain records, reports, and information.\n1. No person, who has knowledge by virtue of his or her office of the\nidentity of a particular patient or research subject, a manufacturing\nprocess, a trade secret or a formula shall disclose such knowledge, or\nany report or record thereof, except:\n  (a) to another person employed by the department, for purposes of\nexecuting provisions of this article;\n  (b) pursuant to judicial subpoena or court order in a criminal\ninvestigation or proceeding;\n  (c) to an agency, department of government, or official board\nauthorized to regulate, license or otherwise supervise a person who is\nauthorized by this article to deal in controlled substances, or in the\ncourse of any investigation or proceeding by or before such agency,\ndepartment or board;\n  (d) to the prescription monitoring program registry and to authorized\nusers of such registry as set forth in subdivision two of this section;\n  (e) to a practitioner to inform him or her that a patient may be under\ntreatment with a controlled substance by another practitioner for the\npurposes of subdivision two of this section, and to facilitate the\ndepartment's review of individual challenges to the accuracy of\ncontrolled substances histories pursuant to subdivision six of section\nthirty-three hundred forty-three-a of this article;\n  (f) to a pharmacist to provide information regarding prescriptions for\ncontrolled substances presented to the pharmacist for the purposes of\nsubdivision two of this section and to facilitate the department's\nreview of individual challenges to the accuracy of controlled substances\nhistories pursuant to subdivision six of section thirty-three hundred\nforty-three-a of this article;\n  (g) to the deputy attorney general for medicaid fraud control, or his\nor her designee, in furtherance of an investigation of fraud, waste or\nabuse of the Medicaid program, pursuant to an agreement with the\ndepartment;\n  (h) to a local health department for the purpose of conducting public\nhealth research or education: (i) pursuant to an agreement with the\ncommissioner; (ii) when the release of such information is deemed\nappropriate by the commissioner; (iii) for use in accordance with\nmeasures required by the commissioner to ensure that the security and\nconfidentiality of the data is protected; and (iv) provided that\ndisclosure is restricted to individuals within the local health\ndepartment who are engaged in the research or education;\n  (i) to a medical examiner or coroner who is an officer of or employed\nby a state or local government, pursuant to his or her official duties;\nand\n  (j) to an individual for the purpose of providing such individual with\nhis or her own controlled substance history or, in appropriate\ncircumstances, in the case of a patient who lacks capacity to make\nhealth care decisions, a person who has legal authority to make such\ndecisions for the patient and who would have legal access to the\npatient's health care records, if requested from the department pursuant\nto subdivision six of section thirty-three hundred forty-three-a of this\narticle or from a treating practitioner pursuant to subparagraph (iv) of\nparagraph (a) of subdivision two of this section.\n  * 2. The prescription monitoring program registry may be accessed,\nunder such terms and conditions as are established by the department for\npurposes of maintaining the security and confidentiality of the\ninformation contained in the registry, by:\n  (a) a practitioner, or a designee authorized by such practitioner\npursuant to paragraph (b) of subdivision two of section thirty-three\nhundred forty-three-a, section thirty-three hundred sixty-one of this\narticle or section thirty of the cannabis law, for the purposes of: (i)\ninforming the practitioner that a patient may be under treatment with a\ncontrolled substance by another practitioner; (ii) providing the\npractitioner with notifications of controlled substance activity as\ndeemed relevant by the department, including but not limited to a\nnotification made available on a monthly or other periodic basis through\nthe registry of controlled substances activity pertaining to his or her\npatient; (iii) allowing the practitioner, through consultation of the\nprescription monitoring program registry, to review his or her patient's\ncontrolled substances history as required by section thirty-three\nhundred forty-three-a, section thirty-three hundred sixty-one of this\narticle or section thirty of the cannabis law; and (iv) providing to his\nor her patient, or person authorized pursuant to paragraph (j) of\nsubdivision one of this section, upon request, a copy of such patient's\ncontrolled substance history as is available to the practitioner through\nthe prescription monitoring program registry; or\n  (b) a pharmacist, pharmacy intern or other designee authorized by the\npharmacist pursuant to paragraph (b) of subdivision three of section\nthirty-three hundred forty-three-a of this article, for the purposes of:\n(i) consulting the prescription monitoring program registry to review\nthe controlled substances history of an individual for whom one or more\nprescriptions for controlled substances or certifications for cannabis\nis presented to the pharmacist, pursuant to section thirty-three hundred\nforty-three-a of this article; and (ii) receiving from the department\nsuch notifications of controlled substance activity as are made\navailable by the department; or\n  (c) an individual employed by a registered organization as defined in\nsection three of the cannabis law, for the purpose of consulting the\nprescription monitoring program registry to review the controlled\nsubstances history of an individual for whom one or more certifications\nfor cannabis is presented to that registered organization, pursuant to\nsection thirty-three hundred sixty-four of this article or section\nthirty-four of the cannabis law. Unless otherwise authorized by this\narticle or by the cannabis law, an individual employed by a registered\norganization will be provided access to the prescription monitoring\nprogram in the sole discretion of the commissioner.\n  * NB Effective until July 5, 2028\n  * 2. The prescription monitoring program registry may be accessed,\nunder such terms and conditions as are established by the department for\npurposes of maintaining the security and confidentiality of the\ninformation contained in the registry, by:\n  (a) a practitioner, or a designee authorized by such practitioner\npursuant to paragraph (b) of subdivision two of section thirty-three\nhundred forty-three-a of this article, for the purposes of: (i)\ninforming the practitioner that a patient may be under treatment with a\ncontrolled substance by another practitioner; (ii) providing the\npractitioner with notifications of controlled substance activity as\ndeemed relevant by the department, including but not limited to a\nnotification made available on a monthly or other periodic basis through\nthe registry of controlled substances activity pertaining to his or her\npatient; (iii) allowing the practitioner, through consultation of the\nprescription monitoring program registry, to review his or her patient's\ncontrolled substances history as required by section thirty-three\nhundred forty-three-a of this article; and (iv) providing to his or her\npatient, or person authorized pursuant to paragraph (j) of subdivision\none of this section, upon request, a copy of such patient's controlled\nsubstance history as is available to the practitioner through the\nprescription monitoring program registry; or\n  (b) a pharmacist, pharmacy intern or other designee authorized by the\npharmacist pursuant to paragraph (b) of subdivision three of section\nthirty-three hundred forty-three-a of this article, for the purposes of:\n(i) consulting the prescription monitoring program registry to review\nthe controlled substances history of an individual for whom one or more\nprescriptions for controlled substances is presented to the pharmacist,\npursuant to section thirty-three hundred forty-three-a of this article;\nand (ii) receiving from the department such notifications of controlled\nsubstance activity as are made available by the department.\n  * NB Effective July 5, 2028\n  3. Where it has reason to believe that a crime related to the\ndiversion of controlled substances has been committed, the department\nmay notify appropriate law enforcement agencies and provide relevant\ninformation about the suspected criminal activity, including controlled\nsubstances prescribed or dispensed, as reasonably appears to be\nnecessary. The department shall keep a record of the information\nprovided, including, but not limited to: the specific information\nprovided and the agency to which such information was provided,\nincluding the name and title of the person to whom such information was\nprovided and an attestation from such person that he or she has\nauthority to receive such information.\n  4. In the course of any proceeding where such information is\ndisclosed, except when necessary to effectuate the rights of a party to\nthe proceeding, the court or presiding officer shall take such action as\nis necessary to insure that such information, or record or report of\nsuch information is not made public.\n
N.Y. PBA Law § 1120-D — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120-D
Powers of the authority
Status: in_force

§ 1120-d. Powers of the authority. The authority shall have the power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue bonds or other obligations and to provide\nfor the rights of the holders thereof;\n  4. To enter into contracts and execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n  5. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law, lease\nas lessee, hold, and use any real or personal property or any interest\ntherein, as the authority may deem necessary, convenient or desirable to\ncarry out the purpose of this title; provided however, that the\nauthority may not condemn real property of a municipality without the\nconsent of the governing body of such municipality;\n  6. To purchase, in the name of the authority, any water facility, and\nany improvements, extensions and betterments, situated wholly within the\ndistrict, provided, however, that the authority shall have the power to\npurchase any source of supply, supply facility, water supply system or\ntransmission facility or any part thereof situated wholly or partly\nwithout the territorial limits of the district, provided the same shall\nbe necessary in order to supply water within the district; and in\nconnection with the purchase of such properties, the authority may\nassume any obligations of the owner of such properties and, to the\nextent required by the terms of any indentures or other instruments\nunder which such obligations were issued, the authority may assume and\nagree to perform covenants and observe the restrictions contained in\nsuch instruments; and furthermore, the owner of any properties, which\nthe authority is authorized to acquire, is hereby authorized to sell or\notherwise transfer the same to the authority, whereupon the authority\nshall have become charged with the performance of all public duties with\nrespect to such properties with which such owner was charged and such\nowner shall have become discharged from the performance thereof, and as\na means of so acquiring for such purpose, the authority may purchase all\nof the stock of any existing privately owned water corporation or\ncompany and in the case of a sale or other transfer of properties of a\npublic utility corporation pursuant to this provision, upon the purchase\nof the stock of such corporation or company it shall be lawful to\ndissolve such corporation within a reasonable time;\n  7. To construct, improve, maintain, develop, expand or rehabilitate\nwater facilities and to pay the costs thereof;\n  8. To operate and manage and to contract for the operation and\nmanagement of properties of the authority;\n  9. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed,\nowned or operated by the authority, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n  9-a. To enter into cooperative agreements and contracts with the town\nof Clifton Park pursuant to article five-G of the general municipal law\nto render maintenance and repair services to sewer districts located in\nthe town of Clifton Park.\n  10. To take all necessary and reasonable actions within the district\nto conserve, preserve and protect the water supply to the district,\nincluding the making of plans and studies, the adoption of watershed\nrules and regulations, the enforcing of compliance with all current and\nfuture rules and regulations of the state sanitary code with regard to\nwater supply and usage, the requiring of cross-connection controls, the\nproviding of educational material and programs to the public, and the\ncooperating with water suppliers outside the district to conserve,\npreserve and protect the entire water reserve as it is affected within\nand outside the authority's supply area;\n  11. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials;\n  12. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers, and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n  13. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n  14. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purposes\nauthorized by this title, the authority being liable only for actual\ndamage done;\n  15. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  16. To obtain, store, treat, distribute, supply and sell water for\ndomestic, commercial and public purposes at retail to individual\nconsumers within the district;\n  17. To purchase water in bulk from any person, private corporation,\npublic corporation or municipality when necessary or convenient for the\noperation of such water system;\n  18. To produce, develop, distribute and sell water or water services\nwithin or without the territorial limits of the district; and to\npurchase water from any public corporation, town water district,\nmunicipality, person, association or corporation; provided, however,\nthat water services may be sold at retail to individual consumers only\nwithin the district and further provided that in exercising the powers\ngranted by this title, the authority shall not sell water services in\nany area outside of the town (a) without town board approval and (b) in\nany area which is served by a water system owned or operated by a\nmunicipality or special improvement district unless the governing body\nof such municipality or district shall adopt a resolution requesting the\nauthority to sell water services in such served area;\n  19. To make and amend from time to time by-laws for the management and\nregulation of its affairs and rules and regulations for the\nconstruction, preservation and protection of the authority's water\nsupply and, subject to agreements with bondholders, rules for the sale\nof water and the collection of rents and charges therefor. A copy of\nsuch rules, regulations and by-laws, and any rules and regulations\nadopted pursuant to subdivision eleven of this section, and all\namendments thereto, duly certified by the secretary of the authority\nshall be filed in the office of the clerk of the town. In addition, the\ntown board by local law shall have power to prescribe that violation of\nspecific by-laws, rules and regulations of the authority, published once\nin a newspaper having a general circulation in the town, shall be\npunishable by fine, not exceeding fifty dollars, or by imprisonment for\nnot longer than thirty days, or both;\n  20. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds or other\nobligations of the authority together with the maintenance of proper\nreserves therefor, in addition to paying as the same shall become due\nthe expense of operating and maintaining the properties of the authority\ntogether with proper maintenance reserves, capital reserves, repair\nreserves, tax stabilization reserves and other contingency reserves and\nall other obligations and indebtedness of the authority;\n  21. To enter into cooperative agreements with other authorities,\nmunicipalities, water districts, utility companies, individuals, firms\nor corporations, within or without the territorial limits of the\ndistrict, for the interconnection of facilities, the exchange or\ninterchange of services and commodities, and within the territorial\nlimits of the district to enter into a contract for the construction and\noperation and maintenance of a water system by the authority for any\nmunicipality, public corporation or water district having power to\nconstruct and develop a water system, upon such terms and conditions as\nshall be determined to be reasonable including but not limited to the\nreimbursement of all costs of such construction, or for any other lawful\npurpose necessary or desirable to effect the purposes of this title;\n  22. To provide for the discontinuance or disconnection of water\nservice, for non-payment of fees, rates, rents or other charges therefor\nimposed by the authority, provided such discontinuance or disconnection\nof any water service, shall not be carried out except in the manner and\nupon the notice 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;\n  23. With the consent of the governing body of a municipality, to use\nofficers and employees of such municipality and to pay a proper\nproportion of the compensation or costs for the services for such\nofficers or employees; and\n  24. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n
N.Y. EDN Law § 4809 — New York Code / Act EDN / Title 6 / Article 97 / Section 4809
Transfer of pupils
Status: in_force

§ 4809. Transfer of pupils. The board of managers shall have full\npower to transfer to other institutions any child if a court grants a\npetition for transfer pursuant to section seven hundred seventy-three of\nthe family court act.\n
N.Y. PBA Law § 1115-R — New York Code / Act PBA / Article 5 / Title 6 / Section 1115-R
Bonds legal investment for fiduciaries
Status: in_force

§ 1115-r. Bonds legal investment for fiduciaries. The bonds of the\nauthority are hereby made securities in which all public officials and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, investment companies and other\npersons carrying on a banking business, and administrators, guardians,\nexecutors, trustees and other fiduciaries and all other persons\nwhatsoever, who are now or may hereafter be authorized to invest in\nbonds or other obligations of the state, may properly and legally invest\nfunds including capital in their control or belonging to them. The bonds\nare also hereby made securities which may be deposited with and may be\nreceived by all public officers and bodies of this state and all\nmunicipalities for any purposes for which the deposit of bonds or other\nobligations of this state is now or hereafter may be authorized.\n
N.Y. LAB Law § 581 — New York Code / Act LAB / Article 18 / Title 6 / Section 581
Experience rating
Status: in_force

§ 581. Experience rating. 1. Meaning of terms. As used in this\nsection:\n  (a) "Computation date" means December thirty-first of any year.\n  (b) "Payroll year" means the period beginning on October first of a\nyear and ending on September thirtieth of the next following year.\n  (c) "Qualified employer" means any employer whose account reflects his\nor her experience with respect to unemployment throughout not less than\nthe four consecutive completed calendar quarters ending on the\ncomputation date and who has paid some remuneration in the payroll year\npreceding the computation date and filed all contribution returns\nprescribed by the commissioner for the three payroll years preceding the\ncomputation date on or before such date, or has had an amount of\ncontributions due and/or an amount of wages paid determined by the\ncommissioner pursuant to section five hundred seventy-one of this\narticle. If an employer has ceased to be liable for contributions and\nthe employer's account balance is not subject to transfer under the\nprovisions of subdivision four of this section, such account balance\nshall be transferred to the general account on the computation date\ncoinciding with or immediately following the date on which the\nemployer's liability ceased and shall not thereafter be available to\nsuch employer in the event that the employer again becomes liable for\ncontributions.\n  (d) "Employer's account" (1) means an account in the fund reflecting\nan employer's experience with respect to contribution payments and\nexperience rating charges under this article. The commissioner shall\nmaintain such an account for every employer liable for contributions\nunder this article; but nothing in this article shall be construed to\ngrant any employer or any of his employees prior claims or rights to the\namount paid by him into the fund and credited to his employer's account,\nor to any other account, including the general account, either on his\nown behalf or on behalf of his employees.  All moneys in such fund, from\nwhatever source derived and to whatever account credited, shall be\npooled and available to pay benefits to any individual entitled thereto\nunder this article.\n  (2) Any contributions due but not paid within sixty days of the due\ndate prescribed by regulation of the commissioner shall, when paid, not\nbe credited to an employer's account, but shall be credited to the\ngeneral account, unless such payment was made prior to determination and\ndemand by the commissioner pursuant to section five hundred seventy-one\nof this article.\n  (3)  Payments in lieu of contributions equal to benefits charged in\nthe last three months of a calendar year shall be credited to the\nemployer's account as of the computation date occurring in that year if\npaid within the time prescribed by the commissioner.\n  (4)  Any employer may at any time make payments to his account in the\nfund in excess of the requirements of this article.  Such payments made\nduring the period from April first through March thirty-first of the\nfollowing year shall be credited to the employer's account as of the\ncomputation date occurring within such period.\n  (5)  For the purpose of determining the size of fund index, all\npayments in lieu of contributions and voluntary, excess contribution\npayments made by employers shall be included in the fund balance on the\ncomputation date next following the date of payments.  Such excess\ncontributions shall be irrevocable and not subject to refund or credit\nafter acceptance by the commissioner and deposit in the fund.\n  (e) "Experience rating charge" means a debit to an employer's account\nreflecting a payment of benefits.\n  (1)  Whenever benefits are paid to a claimant, experience rating\ncharges shall be debited to the appropriate account.  The commissioner\nshall notify each employer not more frequently than monthly as to each\nexperience rating charge which is being made to  the employer's account.\nSuch notice shall be a determination of the propriety of such charge and\nof the payment of benefits on which such charge was based.\n  (2) Benefits payable to any claimant with respect to the claimant's\nthen current benefit year shall be charged, when paid, to the account of\nthe last employer prior to the filing of a valid original claim in an\namount equal to seven times the claimant's benefit rate. Thereafter,\nsuch charges shall be made to the account of each employer in the base\nperiod used to establish the valid original claim in the same proportion\nthat the remuneration paid by each employer to the claimant during that\nbase period bears to the remuneration paid by all employers to the\nclaimant during that base period except as provided below:\n  (i) In those instances where the claimant may not utilize wages paid\nto establish entitlement based upon subdivision ten of section five\nhundred ninety of this article and an educational institution is the\nclaimant's last employer prior to the filing of the claim for benefits,\nor the claimant performed services in such educational institution in\nsuch capacity while employed by an educational service agency which is\nthe claimant's last employer prior to the filing of the claim for\nbenefits, such employer shall not be liable for benefit charges in an\namount equal to the benefit paid for seven weeks of total employment as\notherwise provided by this section. Under such circumstances, benefits\npaid shall be charged to the general account. In addition, wages paid\nduring the base period by such educational institutions, or for services\nin such educational institutions for claimants employed by an\neducational service agency shall not be considered base period wages\nduring periods that such wages may not be used to gain entitlement to\nbenefits pursuant to subdivision ten of section five hundred ninety of\nthis article.\n  (ii) In those instances where the claimant may not utilize wages paid\nto establish entitlement based upon subdivision eleven of section five\nhundred ninety of this article and an educational institution is the\nclaimant's last employer prior to the filing of the claim for benefits,\nor the claimant performed services in such educational institution in\nsuch capacity while employed by an educational service agency which is\nthe claimant's last employer prior to the filing of the claim for\nbenefits, such employer shall not be liable for benefit charges in an\namount equal to the benefit paid for seven weeks of total employment as\notherwise provided by this section. Under such circumstances, benefits\npaid will be charged to the general account. In addition, wages paid\nduring the base period by such educational institutions, or for services\nin such educational institutions for claimants employed by an\neducational service agency shall not be considered base period wages\nduring periods that such wages may not be used to gain entitlement to\nbenefits pursuant to subdivision eleven of section five hundred ninety\nof this article. However, in those instances where a claimant was not\nafforded an opportunity to perform services for the educational\ninstitution for the next academic year or term after reasonable\nassurance was provided, such employer shall be liable for benefit\ncharges as provided for in this paragraph for any retroactive payments\nmade to the claimant.\n  (iii) In those instances where the federal government is the\nclaimant's last employer prior to the filing of the claim for benefits\nand such employer is not a base-period employer, payments equaling an\namount equal to the benefit paid for seven weeks of total employment as\notherwise prescribed by this section shall be charged to the general\naccount. In those instances where the federal government is the\nclaimant's last employer prior to the filing of the claim for benefits\nand a base-period employer, such employer shall be liable for charges\nfor all benefits paid on such claim in the same proportion that the\nremuneration paid by such employer during the base period bears to the\nremuneration paid by all employers during the base period. In addition,\nbenefit payment charges in an amount equal to the benefit paid for seven\nweeks of total employment other than those chargeable to the federal\ngovernment as prescribed above shall be made to the general account.\n  (iv) In those instances where a combined wage claim is filed pursuant\nto interstate reciprocal agreements and the claimant's last employer\nprior to the filing of the claim is an out-of-state employer and such\nemployer is not a base-period employer, benefit payments in an amount\nequal to the benefit paid for seven weeks of total employment as\notherwise prescribed by this section shall be charged to the general\naccount. In those instances where the out-of-state employer is the last\nemployer prior to the filing of the claim for benefits and a base-period\nemployer such employer shall be liable for charges for all benefits paid\non such claim in the same proportion that the remuneration paid by such\nemployer during the base period bears to the remuneration paid by all\nemployers during the base period. In addition, benefit payment charges\nin an amount equal to the benefit paid for seven weeks of total\nemployment other than those chargeable to the out-of-state employer as\nprescribed above shall be made to the general account.\n  (v) In those instances where the last employer prior to the filing of\na valid original claim has paid total remuneration to the claimant\nduring the period from the start of the base period used to establish\nthe benefit claim until the date of the claimant's filing of the valid\noriginal claim in an amount less than or equal to six times the\nclaimant's benefit rate and the last employer has substantiated such\namount to the satisfaction of the commissioner within ten days of the\ncommissioner's original notice of potential charges to such last\nemployer's account, benefits shall be charged as follows: benefits\npayable to the claimant with respect to the claimant's then current\nbenefit year shall be charged, when paid, to the account of such last\nemployer prior to the filing of a valid original claim in an amount\nequal to the lowest whole number (one, two, three, four, five, or six)\ntimes the claimant's benefit rate where the product of such lowest whole\nnumber times the claimant's benefit rate is equal to or greater than\nsuch total remuneration paid by such last employer to the claimant.\nThereafter, such charges shall be made to the account of each employer\nin the base period used to establish the valid original claim in the\nsame proportion that the remuneration paid by each employer to the\nclaimant during that base period bears to the remuneration paid by all\nemployers to the claimant during that base period. Notice of such\nrecalculation of potential charges shall be given to the last employer\nand each employer of the claimant in the base period used to establish\nthe valid original claim.\n  (3) An employer's account shall not be charged, and the charges shall\ninstead be made to the general account, for benefits paid to a claimant\nafter the expiration of a period of disqualification from benefits\nfollowing a final determination that the claimant lost employment with\nthe employer through misconduct or voluntary separation of employment\nwithout good cause within the meaning of section five hundred\nninety-three of this article and the charges are attributable to\nremuneration paid during the claimant's base period of employment with\nsuch employer prior to the claimant's loss of employment with such\nemployer through misconduct or voluntary separation of employment\nwithout good cause, provided, however, that an employer shall not be\nrelieved of charges pursuant to this subparagraph if an employer or its\nagent fails to submit information resulting in an overpayment pursuant\nto section five hundred ninety-seven of this article.\n  (4) An employer's account shall not be charged, and the charges shall\ninstead be made to the general account, for benefits paid to a claimant\nbased on base period employment while the claimant was an incarcerated\nindividual of a correctional institution and enrolled in a work release\nprogram, provided that the employment was terminated solely because the\nincarcerated individual was required to relocate to another area as a\ncondition of parole or the incarcerated individual voluntarily relocated\nto another area immediately upon being released or paroled from such\ncorrectional institution.\n  (5)  If an employer who employed the claimant in the four weeks\nimmediately preceding the filing of a valid original claim demonstrates\nthat the employer has continuously employed the claimant without\nsignificant interruption and substantially to the same extent and in the\nsame manner as during the weeks immediately preceding the filing of a\nvalid original claim in which the claimant was employed by such\nemployer, the account of such employer shall not be charged with\nbenefits paid to such claimant for any weeks of such continuing\nemployment, and such experience rating charges shall be made to the\ngeneral account.  The provisions set forth in the foregoing sentence\nshall apply with respect to an employer liable for payments in lieu of\ncontributions, but if the secretary of labor of the United States finds\nthat their application to such  employer does not meet the requirements\nof the federal unemployment tax act, such provisions shall not\nthereafter apply to such employer, unless and until such finding has\nbeen set aside pursuant to a final decision issued in accordance with\nsuch judicial review proceedings as may be instituted and completed\nunder the provisions of section thirty-three hundred ten of the federal\nunemployment tax act.\n  (6) An employer's account shall not be debited to the extent that the\nfederal government reimburses the fund for benefits paid.\n  If on any computation date an employer's account registers a negative\nbalance, an amount equivalent to the excess of the negative balance over\ntwenty-one per centum of the employer's payroll in the payroll year\npreceding such date shall be transferred as a charge to the general\naccount, except that this provision shall not apply to any negative\nbalance, or that portion thereof, which results from benefits charged\nwith respect to which the employer is liable for payments in lieu of\ncontributions.\n  (f) "Employer's account percentage" means the status of an employer's\naccount on any computation date.  It is the balance remaining in the\naccount, after contributions have been credited and experience rating\ncharges have been debited to it, stated as percentage of his average\npayroll for the last five payroll years preceding the computation date\nor for all quarters if the employer has been liable for contributions\nfor fewer than twenty-one quarters. Such percentage shall be computed to\ntwo decimal places and the remaining fraction if any, disregarded. If,\nhowever, the number of consecutive completed calendar quarters ending on\nthe computation date during which the employer has been liable for\ncontributions hereunder is twenty-one or less the employer's account\npercentage, if it is positive, shall be multiplied by that figure\nassigned to the employer designated as "employer's benefit equalization\nfactor" which is listed below on the same horizontal line on which the\nnumber of quarters of employer liability appears, and the product\nresulting therefrom  shall constitute the employer's account percentage.\nNumber of quarters                         Employer's benefit\nof employer liability                      equalization factor\n          5 ...................................... 3.00\n          6 ...................................... 2.50\n          7 ...................................... 2.05\n          8 ...................................... 1.75\n          9 ...................................... 1.55\n          10 ..................................... 1.40\n          11 ..................................... 1.25\n          12 ..................................... 1.12\n          13 ..................................... 1.04\n          14 through 21........................... 1.00\n  (g) "Size of fund index" means the lesser of the following two\npercentages:\n  (1) the percentage obtained by dividing the moneys in the fund as of a\ncomputation date by the total of all payrolls for the payroll year\npreceding such date; or (2) the percentage obtained by dividing such\nmoneys by the average of the totals of all payrolls for the five\nconsecutive payroll years preceding such date. Such percentage shall be\ncomputed to one decimal place and the remaining fraction, if any,\ndisregarded.\n  (h) "Payroll" means all wages paid by an employer to his employees.\n  2. Rates of contribution.\n  (a) Each qualified employer's rate of contribution shall be the\npercentage shown in the column headed by the size of the fund index as\nof the computation date and on the same line with his or her negative or\npositive employer's account percentage, except that if within the three\npayroll years preceding the computation date any part of a negative\nbalance has been transferred from any employer's account as a charge to\nthe general account pursuant to the provisions of paragraph (e) of\nsubdivision one of this section such employer's rate of contribution\nshall be the maximum contribution rate as shown in the column headed by\nthe size of fund index;\n                           Size of Fund Index\nEmployer's\nAccount\nPercentage  Less  0%  0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%\n            Than but  but  but  but  but  but  but  but  but  but  or\n            0%   less less less less less less less less less less more\n                 than than than than than than than than than than\n                 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%\nNegative\n21.0%\nor more     8.90 8.70 8.50 8.30 8.10 7.30 6.90 6.50 6.20 6.10 6.00 5.90\n20.5%\nor more\nbut less\nthan 21.0%  8.80 8.60 8.40 8.20 8.00 7.20 6.80 6.40 6.10 6.00 5.90 5.80\n20.0%\nor more\nbut less\nthan 20.5%  8.70 8.50 8.30 8.10 7.90 7.10 6.70 6.30 6.00 5.90 5.80 5.70\n19.5%\nor more\nbut less\nthan 20.0%  8.60 8.40 8.20 8.00 7.80 7.00 6.60 6.20 5.90 5.80 5.70 5.60\n19.0%\nor more\nbut less\nthan 19.5%  8.50 8.30 8.10 7.90 7.70 6.90 6.50 6.10 5.80 5.70 5.60 5.50\n18.5%\nor more\nbut less\nthan 19.0%  8.40 8.20 8.00 7.80 7.60 6.80 6.40 6.00 5.70 5.60 5.50 5.40\n18.0%\nor more\nbut less\nthan 18.5%  8.30 8.10 7.90 7.70 7.50 6.70 6.30 5.90 5.60 5.50 5.40 5.30\n17.5%\nor more\nbut less\nthan 18.0%  8.20 8.00 7.80 7.60 7.40 6.60 6.20 5.80 5.50 5.40 5.30 5.20\n17.0%\nor more\nbut less\nthan 17.5%  8.10 7.90 7.70 7.50 7.30 6.50 6.10 5.70 5.40 5.30 5.20 5.10\n16.5%\nor more\nbut less\nthan 17.0%  8.00 7.80 7.60 7.40 7.20 6.40 6.00 5.60 5.30 5.20 5.10 5.00\n16.0%\nor more\nbut less\nthan 16.5%  7.90 7.70 7.50 7.30 7.10 6.30 5.90 5.50 5.20 5.10 5.00 4.90\n15.5%\nor more\nbut less\nthan 16.0%  7.80 7.60 7.40 7.20 7.00 6.20 5.80 5.40 5.10 5.00 4.90 4.80\n15.0%\nor more\nbut less\nthan 15.5%  7.70 7.50 7.30 7.10 6.90 6.10 5.70 5.30 5.00 4.90 4.80 4.70\n14.5%\nor more\nbut less\nthan 15.0%  7.60 7.40 7.20 7.00 6.80 6.00 5.60 5.20 4.90 4.80 4.70 4.60\n14.0%\nor more\nbut less\nthan 14.5%  7.50 7.30 7.10 6.90 6.70 5.90 5.50 5.10 4.80 4.70 4.60 4.50\n13.5%\nor more\nbut less\nthan 14.0%  7.40 7.20 7.00 6.80 6.60 5.80 5.40 5.00 4.70 4.60 4.50 4.40\n13.0%\nor more\nbut less\nthan 13.5%  7.30 7.10 6.90 6.70 6.50 5.70 5.30 4.90 4.60 4.50 4.40 4.30\n12.5%\nor more\nbut less\nthan 13.0%  7.20 7.00 6.80 6.60 6.40 5.60 5.20 4.80 4.50 4.40 4.30 4.20\n12.0%\nor more\nbut less\nthan 12.5%  7.10 6.90 6.70 6.50 6.30 5.50 5.10 4.70 4.40 4.30 4.20 4.10\n11.5%\nor more\nbut less\nthan 12.0%  7.00 6.80 6.60 6.40 6.20 5.40 5.00 4.60 4.30 4.20 4.10 4.00\n11.0%\nor more\nbut less\nthan 11.5%  6.90 6.70 6.50 6.30 6.10 5.30 4.90 4.50 4.20 4.10 4.00 3.90\n10.5%\nor more\nbut less\nthan 11.0%  6.80 6.60 6.40 6.20 6.00 5.20 4.80 4.40 4.10 4.00 3.90 3.80\n10.0%\nor more\nbut less\nthan 10.5%  6.70 6.50 6.30 6.10 5.90 5.10 4.70 4.30 4.00 3.90 3.80 3.70\n9.5%\nor more\nbut less\nthan 10.0%  6.60 6.40 6.20 6.00 5.80 5.00 4.60 4.20 3.90 3.80 3.70 3.60\n9.0%\nor more\nbut less\nthan 9.5%   6.50 6.30 6.10 5.90 5.70 4.90 4.50 4.10 3.80 3.70 3.60 3.50\n8.5%\nor more\nbut less\nthan 9.0%   6.40 6.20 6.00 5.80 5.60 4.80 4.40 4.00 3.70 3.60 3.50 3.40\n8.0%\nor more\nbut less\nthan 8.5%   6.30 6.10 5.90 5.70 5.50 4.70 4.30 3.90 3.60 3.50 3.40 3.30\n7.0%\nor more\nbut less\nthan 8.0%   6.20 6.00 5.80 5.60 5.40 4.60 4.20 3.80 3.50 3.40 3.30 3.20\n6.0%\nor more\nbut less\nthan 7.0%   6.10 5.90 5.70 5.50 5.30 4.50 4.10 3.70 3.40 3.30 3.20 3.10\n5.0%\nor more\nbut less\nthan 6.0%   6.00 5.80 5.60 5.40 5.20 4.40 4.00 3.60 3.30 3.20 3.10 3.00\n4.0%\nor more\nbut less\nthan 5.0%   5.90 5.70 5.50 5.30 5.10 4.30 3.90 3.50 3.20 3.10 3.00 2.90\n3.0%\nor more\nbut less\nthan 4.0%   5.60 5.40 5.20 5.00 4.80 4.20 3.80 3.40 3.10 3.00 2.90 2.80\n2.0%\nor more\nbut less\nthan 3.0%   5.50 5.30 5.10 4.90 4.70 4.10 3.70 3.30 3.00 2.90 2.80 2.70\n1.0%\nor more\nbut less\nthan 2.0%   5.40 5.20 5.00 4.80 4.60 4.00 3.60 3.20 2.90 2.80 2.70 2.60\nLess\nthan 1.0%   5.20 5.00 4.80 4.60 4.40 3.80 3.40 3.00 2.70 2.60 2.50 2.40\nPositive\nLess\nthan 1.0%   4.10 3.90 3.70 3.50 3.30 2.90 2.50 2.10 1.90 1.80 1.70 1.60\n1.0%\nor more\nbut less\nthan 2.0%   4.00 3.80 3.60 3.40 3.20 2.80 2.40 2.00 1.80 1.70 1.60 1.50\n2.0%\nor more\nbut less\nthan 3.0%   3.90 3.70 3.50 3.30 3.10 2.70 2.30 1.90 1.70 1.60 1.50 1.40\n3.0%\nor more\nbut less\nthan 4.0%   3.80 3.60 3.40 3.20 3.00 2.60 2.20 1.80 1.60 1.50 1.40 1.30\n4.0%\nor more\nbut less\nthan 5.0%   3.70 3.50 3.30 3.10 2.90 2.50 2.10 1.70 1.50 1.40 1.30 1.20\n5.0%\nor more\nbut less\nthan 5.5%   3.60 3.40 3.20 3.00 2.80 2.40 2.00 1.60 1.40 1.30 1.20 1.10\n5.5%\nor more but\nless than\n5.75%       3.50 3.30 3.10 2.90 2.70 2.30 1.90 1.50 1.30 1.20 1.10 1.00\n5.75%\nor more\nbut less\nthan 6.0%   3.40 3.20 3.00 2.80 2.60 2.20 1.80 1.40 1.20 1.10 1.00 0.90\n6.0%\nor more but\nless than\n6.25%       3.30 3.10 2.90 2.70 2.50 2.10 1.70 1.30 1.10 1.00 0.90 0.80\n6.25%\nor more\nbut less\nthan 6.5%   3.20 3.00 2.80 2.60 2.40 2.00 1.60 1.20 1.00 0.90 0.80 0.70\n6.5%\nor more but\nless than\n6.75%       3.10 2.90 2.70 2.50 2.30 1.90 1.50 1.10 0.90 0.80 0.70 0.60\n6.75%\nor more\nbut less\nthan 7.0%   3.00 2.80 2.60 2.40 2.20 1.80 1.40 1.00 0.80 0.70 0.60 0.50\n7.0%\nor more but\nless than\n7.25%       2.90 2.70 2.50 2.30 2.10 1.70 1.30 0.90 0.70 0.60 0.50 0.40\n7.25%\nor more\nbut less\nthan 7.5%   2.80 2.60 2.40 2.20 2.00 1.60 1.20 0.80 0.60 0.50 0.40 0.30\n7.5%\nor more but\nless than\n7.75%       2.70 2.50 2.30 2.10 1.90 1.50 1.10 0.70 0.50 0.40 0.30 0.20\n7.75%\nor more\nbut less\nthan 8.0%   2.60 2.40 2.20 2.00 1.80 1.40 1.00 0.60 0.40 0.30 0.20 0.10\n8.0%\nor more but\nless than\n8.25%       2.50 2.30 2.10 1.90 1.70 1.30 0.90 0.50 0.30 0.20 0.10 0.00\n8.25%\nor more\nbut less\nthan 8.5%   2.40 2.20 2.00 1.80 1.60 1.20 0.80 0.40 0.20 0.10 0.00 0.00\n8.5%\nor more but\nless than\n8.75%       2.30 2.10 1.90 1.70 1.50 1.10 0.70 0.30 0.10 0.00 0.00 0.00\n8.75%\nor more\nbut less\nthan 9.0%   2.20 2.00 1.80 1.60 1.40 1.00 0.60 0.20 0.00 0.00 0.00 0.00\n9.0%\nor more but\nless than\n9.25%       2.10 1.90 1.70 1.50 1.30 0.90 0.50 0.10 0.00 0.00 0.00 0.00\n9.25%\nor more\nbut less\nthan 9.5%   2.00 1.80 1.60 1.40 1.20 0.80 0.40 0.00 0.00 0.00 0.00 0.00\n9.5%\nor more but\nless than\n9.75%       1.90 1.70 1.50 1.30 1.10 0.70 0.30 0.00 0.00 0.00 0.00 0.00\n9.75%\nor more but\nless than\n10.0%       1.80 1.60 1.40 1.20 1.00 0.60 0.20 0.00 0.00 0.00 0.00 0.00\n10.0%\nor more but\nless than\n10.25%      1.70 1.50 1.30 1.10 0.90 0.50 0.10 0.00 0.00 0.00 0.00 0.00\n10.25%\nor more but\nless than\n10.5%       1.60 1.40 1.20 1.00 0.80 0.40 0.00 0.00 0.00 0.00 0.00 0.00\n10.5%\nor more     1.50 1.30 1.10 0.90 0.70 0.30 0.00 0.00 0.00 0.00 0.00 0.00\n  (aa) (i) If a qualified employer, with a minimum of seventeen quarters\nof liability, has an account percentage which is negative on any\ncomputation date and the total wages paid by such employer in the\npreceding payroll year, is greater than or equal to eighty percent of\nthe previous three payroll year's average total wages paid by the\nemployer, then such employer's account percentage for the subsequent\nyear shall be improved by four percentage points for purposes of\ndetermining the employer's rate of contribution. However, in no event\nshall the resulting rate of contribution after such adjustment be less\nthan 6.1 percent. Such adjustment to the employer's account percentage\nshall be applicable only to the employer's current rate of contribution\nand the application of such adjustment shall be redetermined annually.\n  (ii)  The terms "qualified employer", "employer's account percentage",\n"computation date", "wages", "payroll year" and "rate of contribution"\nshall have the meaning prescribed pursuant to article eighteen of this\nchapter.\n  (b) Penalty for failure to file required returns. (1) In the case of a\nfailure by an employer to file a quarterly combined withholding wage\nreporting and unemployment insurance return required by paragraph four\nof subsection (a) of section six hundred seventy-four of the tax law,\nthere shall be imposed a penalty of five percent of the amount of\ncontributions required to be shown on such return (including the amount\nof any assessment or modification made pursuant to this section) if the\nfailure is for not more than one month with an additional five percent\npenalty for each additional month or fraction thereof during which such\nfailure continues, not exceeding twenty-five percent in the aggregate.\n  (2) The penalty provided for failure to file a return under this\nparagraph shall not be less than one hundred dollars for each\noccurrence.\n  (3) For purposes of this paragraph, the amount of contributions\nrequired to be shown on such return shall be reduced by the amount of\nany part of the contributions due which is paid on or before the date\nthe return is required to be filed and by the amount of any credit to\nthe contributions due which may be claimed upon such return.\n  (4) For other penalties relating to failure to file the quarterly\ncombined withholding, wage reporting and unemployment insurance return,\nsee paragraph one of subsection (v) of section six hundred eighty-five\nof the tax law.\n  (5) The penalties imposed and collected pursuant to this paragraph\nshall be credited to the unemployment insurance control fund established\npursuant to section five hundred fifty-two-b of this article.\n  (c) The rate for any employer who has not qualified under the\nprovisions of paragraph (c) of subdivision one of this section solely\nbecause he has not been liable for contributions during at least the\nfive completed calendar quarters ending on the computation date, or\nbecause he has not paid any remuneration in the payroll year preceding\nthe computation date, shall be equal to the rate which applies pursuant\nto paragraph (a) of this subdivision to an employer who has a positive\naccount percentage of less than one percentum, except that the rate for\nsuch employer shall in no event exceed three and four-tenths per centum.\n  (d) The rates established in accordance with the provisions of this\nsubdivision shall apply with respect to wages paid in the four\nconsecutive calendar quarters immediately following the computation\ndate.\n  3. Joint accounts. Any two or more qualified employers engaged in the\nsame or a related trade, occupation, profession or enterprise, or having\na common financial interest may apply to the commissioner to establish a\njoint account or to merge their several individual accounts in a joint\naccount. The commissioner shall prescribe rules and regulations for the\nestablishment, maintenance and dissolution of joint accounts. A joint\naccount shall be maintained as if it constituted a single employer's\naccount. Rules established by the commissioner pursuant to the\nprovisions of this subdivision shall be promulgated only after notice\nand public hearing.\n  4. Transfers of accounts. (a) Where an employer subsequent to July\nfirst, nineteen hundred fifty-one, transfers his or its organization,\ntrade or business in whole or in part, the transferee shall take over\nand continue the employer's account, including its balance and all other\naspects of its experience under this article, in proportion to the\npayroll or employees assignable to the transferred organization, trade\nor business determined for the purpose of this article by the\ncommissioner. The account taken over by the transferee shall remain\nchargeable with respect to benefits based on employment in the\ntransferred organization, trade or business, and all such employment\nshall be deemed employment performed for the transferee.\n  (b) The rate of contribution applicable to the accounts of the\ntransferee and the transferring employer with respect to the calendar\nyear in which the transfer occurred shall be respectively determined or\nredetermined as of the computation date in the preceding calendar year,\nand such rates shall apply from the date of the transfer to the end of\nthe calendar year in which the transfer occurred. The rate of\ncontribution applicable to the accounts of the transferee and the\ntransferring employer with respect to the calendar year following the\ncalendar year in which the transfer occurred shall be respectively\ndetermined or redetermined as of the computation date in the same\ncalendar year. The commissioner shall allocate to the transferee's\naccount for each period in question the proportion of the transferring\nemployer's payroll, which the commissioner determines to be properly\nassignable to the organization, trade or business transferred.\n  (c) No transfer shall be deemed to have occurred if the commissioner\non his own motion or on application of any interested party finds that\nall of the following conditions exist:\n  (1) the transferee has not assumed any of the transferring employer's\nobligations, and\n  (2) the transferee has not acquired any of the transferring employer's\ngood will, and\n  (3) the transferee has not continued or resumed the business of the\ntransferring employer either in the same establishment or elsewhere, and\n  (4) the transferee has not employed substantially the same employees\nas those the transferring employer had employed in connection with the\norganization, trade, business, or part thereof transferred.\n  (d) No transfer shall be deemed to have occurred unless either the\ntransferring employer or the transferee has given notice of the transfer\nto the commissioner prior to the termination of the calendar year\nfollowing the calendar year in which the transfer occurred.\n  5. Interstate transfer of experience. An employer who transfers all or\na segregable part of his operations from another state to this state\nshall be deemed to be a qualified employer within the meaning of this\nsection as of the computation date next following the transfer,\nprovided:\n  (a) that he has paid wages subject to the federal unemployment tax act\nfor eighteen consecutive completed calendar quarters immediately\npreceding the computation date;\n  (b) that he notifies the commissioner of the transfer of operations\nprior to the computation date;\n  (c) that he certifies to the commissioner all information with respect\nto the transferred operations which the commissioner determines to be\nnecessary; and\n  (d) that he certifies to the commissioner at such times as the\ncommissioner prescribes all information which the commissioner\ndetermines to be necessary with respect to benefits paid subsequent to\nthe transfer and prior to each computation date on the basis of wages\npaid in such other state.\n  Wages, remuneration, contributions and benefits resulting in\nexperience rating charges in connection with the transferred operations\nshall be deemed to have been paid in this state for the purposes of this\nsection.\n  In computing such employer's balance applicable to the transferred\noperations, the commissioner shall consider only the fourteen most\nrecently elapsed calendar quarters prior to the computation date. Any\nbalance set up under this subdivision shall be debited to the general\naccount; and benefits subsequently paid based on wages paid in such\nother state shall be charged to the employer's account and credited to\nthe general account.\n  6. Corrections and modifications. Corrections or modifications of an\nemployer's payroll, experience rating charges, or any other pertinent\nfactor shall not be taken into account for the purpose of a\ndetermination or redetermination of the employer's contribution rate,\nunless such corrections or modifications were established on or before\nthe computation date; except that they shall be taken into account\nwhenever established if the employer filed false returns with intent to\ndefraud or, with respect to payroll, failed to file returns prior to the\ncomputation date such that an amount of contributions due from such\nemployer and/or an amount of wages paid by such employer was required to\nbe determined by the commissioner pursuant to section five hundred\nseventy-one of this article and such corrections or modifications result\nin a rate higher than the contribution rate determined by the\ncommissioner or, with respect to experience rating charges, if they\nresult from a referee, appeal board, or court decision.\n  7. Certain transfers. Notwithstanding any other provision of law, the\nfollowing shall apply regarding assignment of rates and transfers of\nexperience:\n  (a)(1) If an employer transfers its organization, trade or business,\nor a portion thereof, to another employer and, at the time of the\ntransfer, there is at least ten percent common ownership, management or\ncontrol of the two employers, then the unemployment experience\nattributable to the transferred organization, trade or business shall be\ntransferred to the employer to whom such organization, trade or business\nis so transferred.  In addition to the provisions of this subdivision,\nthe transfer provisions of paragraphs (a), (b) and (d) of subdivision\nfour of this section shall apply to such transfers. For purposes of this\nsubdivision "organization, trade or business" shall include the\nemployer's workforce.\n  (2) If, following a transfer of experience under subparagraph one of\nthis paragraph, the commissioner determines that a substantial purpose\nof the transfer of the organization, trade or business was to obtain a\nreduced liability for contributions, then the experience rating accounts\nof the employers involved shall be combined into a single account and a\nsingle rate shall be assigned to such account.\n  (b) Whenever a person is not an employer liable for contributions\nunder this article at the time it acquires the organization, trade or\nbusiness of an employer, the unemployment experience of the acquired\nbusiness shall not be transferred to such person if the commissioner\nfinds that such person acquired the business solely or primarily for the\npurpose of obtaining a lower rate of contributions. Instead, such person\nshall be assigned a rate in accordance with paragraph (c) of subdivision\ntwo of this section. In determining whether the organization, trade or\nbusiness was acquired solely or primarily for the purpose of obtaining a\nlower rate of contributions, the commissioner shall evaluate factors\nthat include, but are not limited to the following:\n  (1) the cost of acquiring the organization, trade or business;\n  (2) whether the person continued the business enterprise of the\nacquired business;\n  (3) how long such business enterprise was continued; or\n  (4) whether a substantial number of new employees were hired for\nperformance of duties unrelated to the business activity conducted prior\nto acquisition.\n  (c)(1) If a person knowingly violates or attempts to violate\nparagraphs (a) or (b) of this subdivision, then such person shall be\nliable for the greater penalty of ten percent of such person's total\ntaxable wages in the last completed payroll year or ten thousand\ndollars. Any such penalty shall be deposited in the control fund\nestablished under section five hundred fifty-two-b of this article.\n  (2) If a person knowingly advises another person to violate or attempt\nto violate paragraph (a) or (b) of this subdivision, then such advisor\nshall be subject to a civil penalty of ten thousand dollars. Any such\npenalty shall be deposited in the control fund established under section\nfive hundred fifty-two-b of this article.\n  (3) For purposes of this subdivision, the term "knowingly" means\nhaving actual knowledge of or acting with deliberate ignorance or\nreckless disregard for the prohibition involved.\n  (4) For purposes of this subdivision, the term "violates or attempts\nto violate" includes, but is not limited to, intent to evade,\nmisrepresentation or wilful nondisclosure.\n  (5) In addition to the penalties imposed by subparagraphs one and two\nof this paragraph, any violation of this subdivision shall be a class E\nfelony and is punishable by a term of imprisonment as prescribed in\nsection 70.00 of the penal law.\n  (d) The commissioner shall establish procedures to identify the\ntransfer or acquisition of a business for purposes of this subdivision.\n  (e) For purposes of this subdivision the term "person" has the meaning\ngiven such term by section 7701 (a)(1) of the Internal Revenue Code of\n1986, and shall also include an employer as defined in this article.\n
N.Y. PBA Law § 1147-A — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-A
Definitions
Status: in_force

§ 1147-a. Definitions. As used in this title, unless a different\nmeaning clearly appears from the context:\n  1. The term "authority" shall mean the corporation created by section\neleven hundred forty-seven-c of this title.\n  2. "Board of directors" shall mean the governing board of the\nauthority.\n  3. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority.\n  4. "Calendar year and official year" shall mean the twelve month\nperiod from January first through December thirty-first.\n  5. "Chief executive officer" when referring to a municipality shall\nmean the chief elected official of such municipality and, when referring\nto the authority, shall mean the chairperson of the authority.\n  6. "Civil service commission" shall mean the civil service commission\nof the county of Allegany.\n  7. "Comptroller" shall mean the comptroller of the state of New York.\n  8. The term "project" shall mean a system of trunk, intercepting and\nconnecting, lateral and outlet sewers, pumping and ventilating stations,\ndisposal or treatment plants or works and other appliances and\nstructures, which in the judgment of the authority will provide an\neffectual and advantageous means for relieving the area which the\nauthority encompasses and any waters within or passing through or any\nground waters from pollution by the sewage and waste of the area\nencompassing the authority and relieving such area from inadequate\nsanitary drainage and for the sanitary disposal or treatment of the\nsewage thereof, or such sections or parts of such system as the\nauthority may from time to time deem it proper or convenient to\nconstruct, consistent with the plan or purpose of this title.\n  9. "Construction" shall mean the negotiation, acquisition, erection,\nbuilding, alteration, improvement, testing, increase, enlargement,\nextension, reconstruction, interconnection, renovation or rehabilitation\nof a sewer facility of a project as defined herein; the inspection and\nsupervision thereof; and the engineering, architectural, legal,\nappraisal, fiscal, economic and environmental investigations, services\nand studies, surveys, designs, plans, working drawings, specifications,\nprocedures and other actions incidental thereto.\n  10. "Costs", as applied to any project, shall include the cost of\nconstruction, the cost of the acquisition of all property, including\nboth real, personal and mixed, the cost of demolishing, removing or\nrelocating any building or structures on lands so acquired including the\ncost of acquiring any land to which such buildings or structures may be\nmoved or relocated, the cost of all systems, facilities, machinery,\napparatus and equipment, financing charges and bond discount, interest\nto the extent not paid or provided for from revenues or other sources,\nthe cost of engineering and architectural surveys, plans and\nspecifications, bond insurance, bond credit enhancement arrangements,\nother expenses necessary or incidental to the construction of such\nproject and the financing of the construction thereof, including the\ncost of legal and financial advice and credit arrangements with banks or\nother financial institutions, the amount authorized in the resolution of\nthe authority providing for the issuance of bonds to be paid into any\nreserve or special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation.\n  11. "County" shall mean, unless otherwise specifically stated, the\ncounty of Allegany.\n  12. "Governing body" shall mean:\n  (a) In the case of a village, county, town or village or district\ncorporation the finance board, as such term is defined in subdivision\nfour of section 2.00 of the local finance law;\n  (b) In the case of a public benefit corporation, the members thereof.\n  13. "Members" shall mean the members of the board of directors.\n  14. "Municipality" shall mean any city, county, town, village or\ncounty or town acting on behalf of an improvement district.\n  15. "Real property" shall mean lands, structures, franchises and\ninterests in lands, waters, lands under water, groundwater riparian\nrights and air rights and any and all things and rights customarily\nincluded within the term "real property" and includes not only fee\nsimple absolute, but also any and all lesser interests including, but\nnot limited to easements, rights-of-way, uses, leases, licenses and all\nother incorporeal hereditaments and every estate, interest or right,\nlegal or equitable, including terms for years and liens thereon by way\nof judgment, mortgages or otherwise.\n  16. "State sanitary code" shall mean regulations adopted pursuant to\nsection two hundred twenty-five of the public health law.\n  17. "State" shall mean the state of New York.\n  18. "State agency" shall mean any state office, public benefit\ncorporation, department, board, commission, bureau or division, or other\nagency or instrumentality of the state.\n  19. "System revenues" shall mean rates, rents, fees, charges,\npayments, assessments and other income and receipts derived from users\nof the facilities of the authority without limiting the generality of\nthe foregoing, investment proceeds and proceeds of insurance,\ncondemnation sales or other dispositions of assets together with all\nfederal, state or municipal aid as well as any other income derived from\nthe operation of the sewer facilities of the authority.\n  20. "Treasurer" shall mean the treasurer of the authority.\n
N.Y. SOS Law § 427-A — New York Code / Act SOS / Article 6 / Title 6 / Section 427-A
Differential response programs for child protection assessments or investigations
Status: in_force

§ 427-a. Differential response programs for child protection\nassessments or investigations.  1. Any social services district may,\nupon the authorization of the office of children and family services,\nestablish a program that implements differential responses to reports of\nchild abuse and maltreatment. Such programs shall create a family\nassessment and services track as an alternative means of addressing\ncertain matters otherwise investigated as allegations of child abuse or\nmaltreatment pursuant to this title. Notwithstanding any other provision\nof law to the contrary, the provisions of this section shall apply only\nto those cases involving allegations of abuse or maltreatment in family\nsettings expressly included in the family assessment and services track\nof the differential response program, and only in those social services\ndistricts authorized by the office of children and family services to\nimplement a differential response program. Such cases shall not be\nsubject to the requirements otherwise applicable to cases reported to\nthe statewide central register of child abuse and maltreatment pursuant\nto this title, except as set forth in this section.\n  2. Any social services district interested in implementing a\ndifferential response program shall apply to the office of children and\nfamily services for permission to participate. The criteria for a social\nservices district to participate will be determined by the office of\nchildren and family services after consultation with the office for the\nprevention of domestic violence, however the social services district's\napplication must include a plan setting forth the following:\n  (a) in conjunction with any additional requirements imposed by the\noffice of children and family services and the provisions of this\nsubdivision, the factors to be considered by the social services\ndistrict in determining which cases will be addressed through the family\nassessment and services track and the size of the population to be the\nsubject of the differential response program;\n  (b) the types of services and interventions to be provided to families\nincluded in the family assessment and services track and a description\nof how the services will be offered;\n  (c) a description of the process to be followed for planning and\nmonitoring the services provided under the family assessment and\nservices track;\n  (d) a description of how the principles of family involvement and\nsupport consistent with maintaining the safety of the child will be\nimplemented in the family assessment and services track;\n  (e) a description of how the differential response program will\nenhance the ability of the district to protect children, maintain the\nsafety of children and preserve families;\n  (f) a description of how the district will reduce the involvement of\ngovernment agencies with families and maintain the safety of children\nthrough the use of community resources;\n  (g) a description of the staff resources proposed to be used in the\nfamily assessment and services track, including the proposed staff\nworkloads and qualifications;\n  (h) a description of the training that will be provided to district\nand any non-district staff to be used in the differential response\nprogram including, but not limited to, a description of the training\ninvolving maintaining the safety and well-being of children and any\ncross training planned for family assessment and investigative staff;\n  (i) a description of the community resources that are proposed to be\nused in the family assessment and services track;\n  (j) a description of any additional funding that may be utilized to\nenhance the differential response program; and\n  (k) a description of the protocol to be followed for handling cases\nwhere domestic violence is present in order to maintain the safety of\nthe child through the family assessment and services track.\n  3. The criteria for determining which cases may be placed in the\nassessment track shall be determined by the local department of social\nservices, in conjunction with the office of children and family services\nand after consultation with the office for the prevention of domestic\nviolence. Provided, however, that reports including any of the following\nallegations shall not be included in the assessment track of a\ndifferential response program:\n  (a) reports alleging that the subject committed or allowed to be\ncommitted an offense defined in article one hundred thirty of the penal\nlaw;\n  (b) reports alleging that the subject allowed, permitted or encouraged\na child to engage in any act described in sections 230.25, 230.30 and\n230.32 of the penal law;\n  (c) reports alleging that the subject committed any of the acts\ndescribed in section 255.25, 255.26 or 255.27 of the penal law;\n  (d) reports alleging that the subject allowed a child to engage in\nacts or conduct described in article two hundred sixty-three of the\npenal law;\n  (e) reports alleging that the subject committed assault in the first,\nsecond or third degree against a child;\n  (f) reports alleging that the subject committed or attempted to commit\nmurder or manslaughter in the first or second degree;\n  (g) reports alleging that the subject abandoned a child pursuant to\nsubdivision five of section three hundred eighty-four-b of this article;\n  (h) reports alleging that the subject has subjected a child to severe\nor repeated abuse as those terms are defined in paragraphs (a) and (b)\nof subdivision eight of section three hundred eighty-four-b of this\narticle; and\n  (i) reports alleging that the subject has neglected a child so as to\nsubstantially endanger the child's physical or mental health, including\na growth delay, which may be referred to as failure to thrive, that has\nbeen diagnosed by a physician and is due to parental neglect.\n  4. The following procedures shall be followed for all cases included\nin the family assessment and services track:\n  (a) Reports taken at the statewide central register of child abuse and\nmaltreatment shall be transmitted to the appropriate local child\nprotective service.\n  (b) A social services district permitted by the office of children and\nfamily services to participate in the implementation of a differential\nresponse program shall, consistent with the criteria developed pursuant\nto subdivision three of this section, identify those reports which are\ninitially eligible to be included in the family assessment and services\ntrack.\n  (c) For those reports which are included in the family assessment and\nservices track, the social services district shall not be subject to the\nrequirements of this title concerning initial investigation of reports\nof suspected abuse and maltreatment of children, including notification\nrequirements. For reports assigned to the family assessment and services\ntrack, the social services district shall be responsible for ensuring\nthat the children are safe in their homes. Such safety assessment shall\nbe commenced within twenty-four hours of receipt of the report and\ncompleted within seven days. Based on the initial safety assessment, the\ndistrict shall determine if the report shall continue under the family\nassessment and services track. This safety assessment must be documented\nin the manner specified by the office of children and family services.\nShould the children be found to be safe in the home, the social services\ndistrict shall then identify service needs and family issues, if any,\nthat should be addressed.\n  (i) Where the social services district determines, based on the\ninitial safety assessment, that the report is appropriate to be included\nin the family assessment and services track, the social services\ndistrict shall document the reason for that determination in the initial\nsafety assessment and inform the statewide central register of child\nabuse and maltreatment that the report is part of the family assessment\nand services track and request that the records of the statewide central\nregister of child abuse and maltreatment of such report be classified as\nan assessment track case and be legally sealed. Such sealed reports\nshall be maintained at the statewide central register of child abuse and\nmaltreatment for ten years after the report was made. Access to reports\nassigned to, and records created under the family assessment and\nservices track and information concerning such reports and records is\ngoverned by paragraph (d) of subdivision five of this section.\n  (ii) Where the social services district determines, based on the\ninitial safety assessment, to investigate the report as a report of\nsuspected child abuse or maltreatment, the social services district\nshall document the reason for that decision in the initial safety\nassessment. Where the social services district makes the determination\nto investigate the report, all of the requirements of this title\nconcerning investigations of reports of suspected child abuse and\nmaltreatment shall apply, including the notification requirements. The\nreport shall no longer be eligible to be included in the family\nassessment and services track.\n  (d) Where the social services district has determined that a case is\nappropriate to be included in the family assessment and services track,\nthe district's activities shall include, at a minimum, the following:\n  (i) the provision of written notice to each parent, guardian or other\nperson legally responsible for the child or children participating in\nthe family assessment and services track explaining that it is the\nintent of the social services district to meet the needs of the family\nwithout engaging in a traditional child protective services\ninvestigation. The notice shall also explain that the workers assisting\nthe family in the family assessment and services track are mandated\nreporters who are required to report suspected child abuse or\nmaltreatment and that those workers are required to report new\ninformation that they receive in their work with the family if that\ninformation gives them reasonable cause to suspect that a child in the\nfamily is an abused or maltreated child;\n  (ii) an examination, with the family, of the family's strengths,\nconcerns and needs;\n  (iii) where appropriate, an offer of assistance which shall include\ncase management that is supportive of family stabilization;\n  (iv) the planning and provision of services responsive to the service\nneeds of the family; and\n  (v) an on-going joint evaluation and assessment of the family's\nprogress including ongoing, periodic assessments of risk to the child.\n  (e) After the social services district has received a report of\nsuspected maltreatment and determined that the report is initially\neligible to be included in the family assessment and services track,\npursuant to paragraph (b) of this subdivision, the activities described\nin paragraphs (c) and (d) of this subdivision may be performed by the\nsocial services district directly or through any other method currently\nutilized by social services districts to obtain preventive services for\nchildren and families. If a community-based agency determines, pursuant\nto subparagraph (ii) of paragraph (c) of this subdivision, that a report\nmust be investigated as a case of suspected child abuse or maltreatment,\nthe community-based agency shall so inform the social services district,\nwhich shall then become responsible for conducting the child protective\nservices investigation in accordance with the requirements of this\ntitle.\n  (f) A report selected for inclusion in the demonstration project shall\ncease to be eligible for inclusion in the demonstration project if at\nany time in the course of providing services the district or\ncommunity-based agency finds that:\n  (i) there is evidence of child abuse, including sexual abuse; or\n  (ii) the parent or parents refuse to cooperate with the district or\ncommunity-based agency in developing or implementing a plan to address\nthe family problems or issues and there is evidence of maltreatment of a\nchild.\n  (g) Where the district finds or is advised by a community-based\nagency, subsequent to the completion of the initial safety assessment\nand after the report is legally sealed, that the report is no longer\neligible for inclusion in the demonstration project pursuant to\nparagraph (f) of this subdivision, the district shall contact the\nstatewide central register of child abuse and maltreatment and make a\nnew report of suspected child abuse or maltreatment pursuant to section\nfour hundred thirteen of this title.\n  (h) Where a report has been included in the family assessment and\nservices track and a subsequent report involving the family is made to\nthe statewide central register of child abuse and maltreatment, and such\nsubsequent report is not eligible for inclusion in the family assessment\nand services track, the local child protective services, in conducting\nits investigation, shall work cooperatively with any district or\ncommunity-based agency staff that are already working with the family to\nminimize to the extent practicable the chance that existing services\nbeing provided to the family will be disrupted and to maximize to the\nextent practicable the coordination of the existing services being\nprovided to the family with any new services to be provided to the\nfamily.\n  5. (a) Cases included in the family assessment and services track\nshall not be subject to the requirements of section four hundred nine-e\nor four hundred nine-f of this article.\n  (b) All records created as part of the family assessment and services\ntrack shall include, but not be limited to, documentation of the initial\nsafety assessment, the examination of the family's strengths, concerns\nand needs, all services offered and accepted by the family, the plan for\nsupportive services for the family, all evaluations and assessments of\nthe family's progress, and all periodic risk assessments.\n  (c) Records created under the family assessment and services track\nshall be maintained for ten years after the report initiating the case\nat the statewide central register was made.\n  (d) All reports assigned to, and records created under, the family\nassessment and services track, including but not limited to reports made\nor written as well as any other information obtained or photographs\ntaken concerning such reports or records shall be confidential and shall\nbe made available only to:\n  (i) staff of the office of children and family services and persons\ndesignated by the office of children and family services;\n  (ii) the social services district responsible for the family\nassessment and services track case;\n  (iii) community-based agencies that have contracts with the social\nservices district to carry out activities for the district under the\nfamily assessment and services track;\n  (iv) providers of services under the family assessment and services\ntrack;\n  (v) any social services district investigating a subsequent report of\nabuse or maltreatment involving the same subject or the same child or\nchildren named in the report;\n  (vi) a court, but only while the family is receiving services provided\nunder the family assessment and services track and only pursuant to a\ncourt order or judicial subpoena, issued after notice and an opportunity\nfor the subject of the report and all parties to the present proceeding\nto be heard, based on a judicial finding that such reports, records, and\nany information concerning such reports and records, are necessary for\nthe determination of an issue before the court. Such reports, records\nand information to be disclosed pursuant to a judicial subpoena shall be\nsubmitted to the court for inspection and for such directions as may be\nnecessary to protect confidentiality, including but not limited to\nredaction of portions of the reports, records, and information and to\ndetermine any further limits on redisclosure in addition to the\nlimitations provided for in this title. A court shall not have access to\nthe sealed family assessment and services reports, records, and any\ninformation concerning such reports and records, after the conclusion of\nservices provided under the family assessment and services track; and\n  (vii) the subject of the report included in the records of the family\nassessment and services track.\n  (e) Persons given access to sealed reports, records, and any\ninformation concerning such reports and records, pursuant to paragraph\n(d) of this subdivision shall not redisclose such reports, records and\ninformation except as follows:\n  (i) the office of children and family services and social services\ndistricts may disclose aggregate, non-client identifiable information;\n  (ii) social services districts, community-based agencies that have\ncontracts with a social services district to carry out activities for\nthe district under the family assessment and services track, and\nproviders of services under the family assessment and services track,\nmay exchange such reports, records and information concerning such\nreports and records as necessary to carry out activities and services\nrelated to the same person or persons addressed in the records of a\nfamily assessment and services track case;\n  (iii) the child protective service of a social services district may\nunseal a report, record and information concerning such report and\nrecord of a case under the family assessment and services track in the\nevent such report, record or information is relevant to a subsequent\nreport of suspected child abuse or maltreatment. Information from such\nan unsealed report or record that is relevant to the subsequent report\nof suspected child abuse and maltreatment may be used by the child\nprotective service for purposes of investigation and family court action\nconcerning the subsequent report and may be included in the record of\nthe investigation of the subsequent report. If the social services\ndistrict initiates a proceeding under article ten of the family court\nact in connection with such a subsequent report of suspected child abuse\nand maltreatment and there is information in the report or record of a\nprevious case under the family assessment and services track that is\nrelevant to the proceeding, the social services district shall include\nsuch information in the record of the investigation of the subsequent\nreport of suspected child abuse or maltreatment and shall make that\ninformation available to the family court and the other parties for use\nin such proceeding provided, however, that the information included from\nthe previous case under the family assessment and services track shall\nthen be subject to all laws and regulations regarding confidentiality\nthat apply to the record of the investigation of such subsequent report\nof suspected child abuse or maltreatment. The family court may consider\nthe information from the previous case under the family assessment and\nservices track that is relevant to such proceeding in making any\ndeterminations in the proceeding; and\n  (iv) a subject of the report may, at his or her discretion, present a\nreport, records and information concerning such report and records from\nthe family assessment and services track case, in whole or in part, in\nany proceeding under article ten of the family court act in which the\nsubject is a respondent. A subject of the report also may, at his or her\ndiscretion, present a report, records and information concerning such\nreport and records from the family assessment and services track, in\nwhole or in part, in any proceeding involving the custody of, or\nvisitation with the subject's children, or in any other relevant\nproceeding. In making any determination in such a proceeding, the court\nmay consider any portion of the family assessment and service track\nreport, records and any information concerning such report and records\npresented by the subject of the report that is relevant to the\nproceeding. Nothing in this subparagraph, however, shall be interpreted\nto authorize a court to order the subject to produce such report,\nrecords or information concerning such report and records, in whole or\nin part.\n  6. Expenditures by a social services district pursuant to this section\nshall be reimbursable from the annual appropriations available for\nsocial services district expenditures for child welfare services which\nshall include, but not be limited to, preventive services provided\npursuant to section four hundred nine-a of this article, child\nprotective services, independent living services and any other\nappropriation made specifically to support these differential response\nprograms. Nothing shall preclude a social services district from seeking\nprivate funds for support of their differential response programs.\n  7. The office of children and family services shall post the plan\ncontained in any application approved for implementation of a\ndifferential response program on the office of children and family\nservices website within sixty days of such approval.\n  8. The office of children and family services shall report on the\ndifferential response programs established pursuant to this section as\npart of the annual report required pursuant to section four hundred\ntwenty-six of this title.\n
N.Y. PBA Law § 1748 — New York Code / Act PBA / Article 8 / Title 6 / Section 1748
Investigations
Status: in_force

§ 1748. Investigations. The department of investigation of the city of\nNew York shall be authorized to conduct investigations relating to the\nauthority pursuant to chapter thirty-four of the New York city charter.\n
N.Y. PBA Law § 1143 — New York Code / Act PBA / Article 5 / Title 6-C / Section 1143
Contracts for design, construction, service and materials
Status: in_force

* § 1143. Contracts for design, construction, service and materials.\nFor the purposes of article fifteen-A of the executive law only, the\nauthority shall be deemed a state agency as that term is used in such\narticle, and its contracts for design, construction, services and\nmaterials shall be deemed state contracts within the meaning of that\nterm as set forth in such article.\n  * NB There are 2 § 1143's\n
N.Y. EDN Law § 4403 — New York Code / Act EDN / Title 6 / Article 89 / Section 4403
Duties of education department
Status: in_force

§ 4403. Duties of education department. The state education department\nshall have power and it shall be its duty:  1. To maintain a statistical\nsummary of the number of children with disabilities who reside within\nthe state and the nature of their disabilities and to use all means and\nmeasures necessary to adequately meet the physical and educational needs\nof such children, as provided by law.\n  2. To stimulate all private and public efforts designed to relieve,\ncare for or educate children with disabilities and to coordinate such\nefforts with the work and function of governmental agencies.\n  3. To formulate such rules and regulations pertaining to the physical\nand educational needs of such children as the commissioner of education\nshall deem to be in their best interests. In the city school district of\nthe city of New York in complying with any rules or regulations\npromulgated under this section relating to maximum group size, other\nthan regulations prescribing the maximum class size in self-contained\nspecial education classes, the commissioner shall allow school districts\na variance of up to fifty percent rounded up to the nearest whole number\nfrom the maximum number of students as specified in regulation in an\ninstructional group in a resource room program, a related service group,\nand the total number of students assigned to a resource room teacher.\n  4. To periodically inspect, report on the adequacy of and make\nrecommendations concerning instructional programs or special services\nfor all children with disabilities who reside in or attend any state\noperated or state financed social service facilities, youth facilities,\nhealth facilities, mental health, and developmental disabilities\nfacilities or state correctional facilities.\n  5. To require such financial information as may be necessary from and\nto audit any public or non-public school receiving any public moneys\npursuant to any provision of the education law as the commissioner deems\nappropriate.\n  * 6. To provide for an advisory panel, appointed by the commissioner\ncomposed of individuals involved in or concerned with the education of\nchildren with disabilities, including individuals with disabilities,\nteachers of children with disabilities, parents or persons in parental\nrelation of children or individuals with disabilities from birth to age\ntwenty-six, state and local educational officials, including officials\nwho carry out activities under subtitle B of title seven of the\nMcKinney-Vento homeless assistance act (section eleven thousand four\nhundred thirty-one of title forty-two of the United States code, et\nseq.), representatives of state or regional associations concerned with\nthe education of children with disabilities, representatives of\ninstitutions of higher education that prepare special education teachers\nor administrators and/or related services personnel, administrators of\nprograms for students with disabilities, a representative of the office\nof children and family services with responsibility for foster care,\nrepresentatives of other state agencies involved in the financing or\ndelivery of related services to children with disabilities,\nrepresentatives of nonpublic schools and, upon establishment of such\nschools, representatives of public charter schools, not less than one\nrepresentative of a vocational, community or business organization\nconcerned with the provision of transition services to students with\ndisabilities, and representatives of state juvenile and adult\ncorrections agencies, to advise the governor, legislature and\ncommissioner of unmet needs within the state in the education of\nchildren with disabilities, in developing procedures for evaluation of\nthe special education system and the reporting of data as required by\nfederal law, in developing corrective action plans to address findings\nidentified in federal monitoring reports, in developing and implementing\npolicies relating to coordination of services, and on the education of\nstudents with disabilities who have been convicted as adults and\nincarcerated in adult prisons and to comment publicly on any rules or\nregulations proposed for issuance by the commissioner regarding the\neducation of children with disabilities and the procedures for\ndistribution of funds under this article. A majority of the members of\nthe advisory panel shall be individuals with disabilities or parents of\nchildren with disabilities. Such panel members shall serve without\ncompensation except that such members shall be entitled to reimbursement\nfor actual and necessary expenses incurred in such service.\n  * NB Effective until June 30, 2027\n  * 6. To provide for an advisory panel, appointed by the commissioner\ncomposed of individuals involved in or concerned with the education of\nchildren with disabilities, including individuals with disabilities,\nteachers of children with disabilities, parents or persons in parental\nrelationship of children with disabilities, state and local educational\nofficials, representatives of state or regional associations concerned\nwith the education of children with disabilities, representatives of\ninstitutions of higher education that prepare special education teachers\nor administrators and/or related services personnel, administrators of\nprograms for students with disabilities, representatives of other state\nagencies involved in the financing or delivery of related services to\nchildren with disabilities, representatives of nonpublic schools and,\nupon establishment of such schools, representatives of public charter\nschools, at least one representative of a vocational, community or\nbusiness organization concerned with the provision of transition\nservices to students with disabilities, and representatives of state\njuvenile and adult corrections agencies, to advise the governor,\nlegislature and commissioner of unmet needs within the state in the\neducation of children with disabilities, in developing procedures for\nevaluation of the special education system and the reporting of data as\nrequired by federal law, in developing corrective action plans to\naddress findings identified in federal monitoring reports, in developing\nand implementing policies relating to coordination of services, and on\nthe education of students with disabilities who have been convicted as\nadults and incarcerated in adult prisons and to comment publicly on any\nrules or regulations proposed for issuance by the commissioner regarding\nthe education of children with disabilities and the procedures for\ndistribution of funds under this article. A majority of the members of\nthe advisory panel shall be individuals with disabilities or parents of\nchildren with disabilities. Such panel members shall serve without\ncompensation except that such members shall be entitled to reimbursement\nfor actual and necessary expenses incurred in such service.\n  * NB Effective June 30, 2027\n  7. To define, no later than July first, nineteen hundred\nseventy-seven, in a report to the legislature and the governor, specific\ncriteria for determining whether a particular disorder or condition may\nbe considered a specific learning disability and to describe in such\nreport diagnostic procedures which can be used in determining whether a\nparticular child has such a disorder or condition, and to recommend in\nsuch report, in consultation with the division of the budget, a cost\neffective program proposal and finance recommendations.\n  8. To develop and distribute a handbook for parents of children with\ndisabilities and the members of committees and subcommittees on special\neducation, which handbook shall explain, in layman terms, the financial\nand educational obligations of the state, the county or city, the home\nschool district, the committee on special education, and the parent or\nlegal guardian of a child with disabilities, the special services or\nprograms available pursuant to this article, and the legal procedures\navailable to an aggrieved parent or legal guardian of a child with\ndisabilities.\n  9. To make provision by regulation of the commissioner to assure the\nconfidentiality of any personally identifiable data, information, and\nrecords collected or maintained by the state department of education or\nany school district, including a committee or subcommittee on special\neducation, and the officers, employees or members thereof, pursuant to\nor in furtherance of the purposes of this article, and shall establish\nprocedures upon which any such personally identifiable data,\ninformation, or records may be disclosed.\n  10. a. The commissioner shall determine whether a child, whose report\nis submitted to the department pursuant to clause (b) or (d) of\nsubparagraph five of paragraph b of subdivision one of section\nforty-four hundred two of this article or subdivision thirteen of\nsection three hundred ninety-eight of the social services law, will\nlikely need adult services and, if such need will likely exist, develop\na recommendation of all appropriate adult programs operated or approved\nby the department which may be available. If necessary and appropriate,\nthe commissioner may conduct an evaluation of the child to determine if\nadult services will be needed. Such recommendation of all programs shall\nbe made available to the parent or guardian of such child as soon as\npracticable but no later than six months before such child attains the\nage of twenty-one.\n  b. If the commissioner determines, pursuant to paragraph a of this\nsubdivision, that such child will not require adult services, the\ncommissioner shall notify the child's parent or guardian in writing of\nsuch determination. Such notice shall be given as soon as practicable\nbut no later than six months before the child attains the age of\ntwenty-one.\n  c. Notwithstanding paragraphs a and b of this subdivision, the\ncommissioner may determine that the education department is not\nresponsible for determining and recommending adult services for such\nchild. When such a determination is made it shall be made as soon as\npracticable after receiving the report and the commissioner shall\npromptly notify in writing the committee on special education,\nmultidisciplinary team or social services official who sent the report\nthat such determination has been made. Such notice shall state the\nreasons for the determination and may recommend a state agency which may\nbe responsible for determining and recommending adult services.\n  d. Nothing in this subdivision shall be construed to create an\nentitlement to adult services.\n  e. A designee of the commissioner may carry out the functions of the\ncommissioner described in this subdivision.\n  11. To promulgate regulations concerning standards for the protection\nof children in residential care from reportable incidents in accordance\nwith this section and article eleven of the social services law,\nincluding procedures for:\n  (a) consistent with appropriate collective bargaining agreements and\napplicable provisions of the civil service law, the review and\nevaluation of the backgrounds of and the information supplied by any\nperson applying to be an employee, a volunteer or consultant, which\nshall include but not be limited to the following requirements: that the\napplicant set forth his or her employment history, provide personal and\nemployment references, and relevant experiential and educational\nqualifications and, sign a sworn statement indicating whether the\napplicant, to the best of his or her knowledge has ever been convicted\nof a crime in this state or any other jurisdiction;\n  (b) establishing, for employees, relevant minimal experiential and\neducational qualifications, consistent with appropriate collective\nbargaining agreements and applicable provisions of the civil service\nlaw;\n  (c) assuring adequate and appropriate supervision of employees,\nvolunteers and consultants;\n  (d) 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 with respect to a\nchild in such residential facility or program;\n  (e) 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  (f) 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  (A) subject to 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  (B) 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 program, in techniques and\nprocedures which will enable such children to advocate for and protect\nthemselves from reportable incidents.\n  The department shall take all reasonable and necessary actions to\nassure that employees, volunteers and consultants in residential\nfacilities and programs are kept apprised on a current basis of all\ndepartment policies and procedures relating to the protection of\nchildren from reportable incidents and shall monitor and supervise the\nprovision of training to such administrators, employees, volunteers,\nchildren and consultants.  Regulations and standards developed pursuant\nto this subdivision shall, to the extent possible, be consistent with\nthose promulgated by other state agencies for such purposes.\n  (g) 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  12. To 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: (a) 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 (b) development and\nimplementation of a plan of prevention and remediation, in the event an\ninvestigation of an allegation of abuse or neglect determines that a\npreponderance of the evidence of such allegation exists and such\nsubstantiated allegation may be attributed in whole or in part to\nnoncompliance by the residential facility or program with provisions of\nthis chapter or regulations of the department applicable to the\noperation 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  13. To provide technical assistance to school districts for\nappropriate evaluation and assessment.\n  14. To provide technical assistance to school districts to assist in\nthe adaptation of curriculum for the instruction of children with\ndisabilities.\n  15. To provide technical assistance to school districts to assist in\ndeveloping criteria for placement in special education and criteria for\nreviewing the ability of a pupil to participate in regular education.\n  16. Commencing with the nineteen hundred eighty-seven--eighty-eight\nschool year, to provide for instruction during the months of July and\nAugust of students with disabilities who have received state\nappointments pursuant to article eighty-five, eighty-seven or\neighty-eight of this chapter and whose disabilities, in the judgment of\nthe commissioner, are severe enough to exhibit the need for a structured\nlearning environment of twelve months duration to maintain developmental\nlevels, by making such appointments for twelve months; provided that the\ninitial term of appointment of a student with a disability who is the\nminimum age eligible for such a state appointment shall not commence\nduring the months of July or August.\n  18. To establish guidelines for determining when a child is at risk of\na future placement in a residential school, and for the provision by\ncommittees on special education of information to parents and other\npersons in parental relationship concerning the availability of\ncommunity support services to meet the needs of the family. The\nguidelines shall be developed by the department after consultation with\nthe office of mental health, the office for people with developmental\ndisabilities, the office of alcoholism and substance abuse services, the\ndepartment of health, the department of social services and the division\nfor youth.\n  * 19. To adopt regulations prescribing the state complaint procedures\npursuant to sections 300.151 through 300.153 of title thirty-four of the\ncode of federal regulations, where an individual or organization files a\nwritten complaint alleging that a public agency has violated part B of\nthe individuals with disabilities education act. Such regulations shall\ninclude, but not be limited to, remedies for denial of appropriate\nservices, including, as appropriate, the awarding of monetary\nreimbursement, compensatory services or other corrective action\nappropriate to the needs of the child.\n  * NB Effective until June 30, 2027\n  * 20. To adopt regulations prescribing the state complaint procedures\npursuant to sections 300.660 through 300.662 of title thirty-four of the\ncode of federal regulations, where an individual or organization files a\nwritten complaint alleging that a public agency has violated part B of\nthe individuals with disabilities education act. Such regulations shall\ninclude, but not be limited to, remedies for denial of appropriate\nservices, including, as appropriate, the awarding of monetary\nreimbursement or other corrective action appropriate to the needs of the\nchild.\n  * NB Effective June 30, 2027\n  21. (a) To require special act school districts listed in chapter five\nhundred sixty-six of the laws of nineteen hundred sixty-seven, as\namended, to provide, on an annual basis or more frequently, as needed,\nenrollment reports, including current and projected enrollments,\nproposed budgets and any financial information the commissioner deems\nappropriate, which shall include, but not be limited to, outstanding\nrevenue anticipation notes as defined in paragraph (a) of subdivision\none of section fifty-five of the state finance law, balance owed to\nemployee benefit systems, outstanding bonds, lease costs, and any other\ndebts to monitor the fiscal stability of special act school districts.\n  (b) Upon receiving the information identified in paragraph (a) of this\nsubdivision, the department shall determine if any special act district\nis in need of financial guidance and assistance upon a comprehensive\nreview of such information provided. Upon a determination that a special\nact district is in need of financial guidance and assistance, the\ndepartment shall, as soon as practicable, provide the district with\nspecific recommendations to improve the special act district's financial\nstanding in the short and long-term.\n
N.Y. PBA Law § 1147-V — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-V
Code of ethics
Status: in_force

§ 1147-v. Code of ethics. 1. Definition. As used in this section the\nterm "authority employee" shall mean any member, officer or employee of\nthe authority.\n  2. Rule with respect to conflicts of interest. No authority employee\nshould have any interest, financial or otherwise, direct or indirect, or\nengage in any business or transaction or professional activity or incur\nany obligation of any nature, which is in substantial conflict with the\nproper discharge of his or her duties in the public interest.\n  3. Standards. a. No authority employee should accept other employment\nwhich will impair his or her independence of judgment in the exercise of\nhis or her official duties.\n  b. No authority employee should accept employment or engage in any\nbusiness or professional activity which will require the employee to\ndisclose confidential information which he or she has gained by reason\nof his or her official position or authority.\n  c. No authority employee should disclose confidential information\nacquired by the employee in the course of his or her official duties nor\nuse such information to further his or her personal interests.\n  d. No authority employee should use or attempt to use his or her\nofficial position to secure unwarranted privileges or exemptions for\nhimself or herself or others.\n  e. No authority employee should engage in any transaction as\nrepresentative or agent of the authority with any business entity in\nwhich he or she has a direct or indirect financial interest that might\nreasonably tend to conflict with the proper discharge of his or her\nofficial duties.\n  f. An authority employee should not by his or her conduct give\nreasonable basis for the impression that any person can improperly\ninfluence such employee or unduly enjoy his or her favor in the\nperformance of his or her official duties, or that he or she is affected\nby the kinship, rank, position or influence of any party or person.\n  g. An authority employee should abstain from making personal\ninvestments in enterprises which he or she has reason to believe may be\ndirectly involved in decisions to be made by the employee or which will\notherwise create substantial conflict between his or her duty in the\npublic interest and his or her private interest.\n  h. An authority employee should endeavor to pursue a course of conduct\nwhich will not raise suspicion among the public that he or she is likely\nto be engaged in acts that are in violation of his or her trust.\n  i. No authority employee employed on a full-time basis nor any firm or\nassociation of which such an employee is a member nor corporation a\nsubstantial portion of the stock of which is owned or controlled\ndirectly or indirectly by such employee, should sell goods or services\nto any person, firm, corporation or association which is licensed or\nwhose rates are fixed by the authority in which such employee serves or\nis employed.\n  j. If any authority employee shall have a financial interest, direct\nor indirect, having a value of ten thousand dollars or more in any\nactivity which is subject to the jurisdiction of a regulatory agency, he\nor she should file with the secretary of state a written statement that\nhe or she has such a financial interest in such activity which statement\nshall be open to public inspection.\n  4. Violations. In addition to any penalty contained in any other\nprovision of law any such authority employee who shall knowingly and\nintentionally violate any of the provisions of this section may be\nfined, suspended or removed from office or employment.\n
N.Y. EDN Law § 4109 — New York Code / Act EDN / Title 6 / Article 83 / Section 4109
Teachers' record of attendance
Status: in_force

§ 4109. Teachers' record of attendance.  An accurate record of\nattendance of all Indian children between six and sixteen years of age\nshall be kept by the teacher of every Indian school, showing each day,\nby the year, month, day of the month and day of the week, such\nattendance, and the number of hours in each day thereof; and each\nteacher upon whose instruction such Indian child shall attend elsewhere\nthan at the school in the community or district of the reservation where\nhe resides, shall keep a like record of such attendance.  Such records\nshall at all times be open to the principal teacher of the reservation\nand its attendance officers or to such person or persons as shall be\ndesignated by the commissioner of education who may inspect and copy the\nsame and any teacher shall answer all lawful inquiries made by them.  A\nwilful neglect or refusal to keep such a record or answer such inquiries\nshall be a misdemeanor.\n
N.Y. PBA Law § 3646 — New York Code / Act PBA / Article 10-C / Title 6 / Section 3646
Applicability of laws
Status: in_force

§ 3646. Applicability of laws. The provisions of this title shall be\nsubject to the provisions of the civil practice law and rules, the\npublic health law, the mental hygiene law, the social services law, the\neducation law, and any other applicable law or regulation, including any\namendment thereto; provided, however, that nothing in this section shall\nrequire the county or corporation to seek approval or consent for any\ntransfer pursuant to sections thirty-six hundred thirty-two and\nthirty-six hundred forty-four of this title.\n
N.Y. PBA Law § 1120-H — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120-H
Bonds of the authority
Status: in_force

§ 1120-h. 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 and is\nhereby authorized to enter into such agreements and perform such acts as\nmay be required under any applicable federal legislation to secure a\nfederal guarantee of any bonds. The authority shall have power from time\nto time to refund any bonds by the issuance of new bonds, whether the\nbonds 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 department or agency\nof the United States of America or the state or any nongovernmental\ninsurer or financial institution any insurance, guarantee or other\ncredit support device, to the extent now or hereafter available, as to,\nor for the payment or repayment of interest or principal or premium, or\nany of the foregoing, or any part thereof, on any bonds issued by the\nauthority and to enter into any agreement or contract with respect to\nany such insurance or guarantee, except to the extent that the same\nwould in any way impair or interfere with the ability of the authority\nto perform and fulfill the terms of any agreement made with the holders\nof outstanding bonds of the authority.\n  3. Bonds shall be authorized by resolution of the authority, and may\nbe in such denominations and bear such date or dates and mature at such\ntime or times as such resolution may provide, except that bonds and any\nrenewals thereof shall mature within forty years from the date of\noriginal issuance of any such bonds. Obligations with a maturity of five\nyears or less from the date of their original issuance may be designated\nas notes. Bonds shall be subject to such terms of redemption, bear\ninterest at such rate or rates per annum payable at such times, be in\nsuch form, carry such registration privileges, be executed in such\nmanner, be payable in such medium of payment at such place or places,\nand be subject to such terms and conditions as such resolution may\nprovide. Bonds may be sold at public or private sale for such price or\nprices as the authority shall determine, provided that no bonds of the\nauthority, other than obligations designated as notes, may be sold by\nthe authority at private sale unless such sale and the terms thereof\nhave been approved in writing by the comptroller, where such sale is not\nto be to such comptroller, or by the state director of the division of\nthe budget, where such sale is to be to the comptroller. The authority\nmay pay all expenses, premiums and commissions which it may deem\nnecessary or advantageous in connection with the issuance and sale of\nbonds.\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 authority, together with any other\nmoneys or property of the authority to secure the payment of the bonds,\nincluding, but not limited to, any contracts, earnings or proceeds of\nany grant to the authority received from any private or public source;\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 the project or part thereof in connection with which bonds\nare issued;\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, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe 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 eleven hundred twenty-i of this title\nand limiting or abrogating the rights of the bondholders to appoint a\ntrustee under such section or limiting the rights, duties and powers of\nsuch 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 property 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 the right to do in the absence of\nsuch agreements. The authority shall have the power to enter into\namendments of any such agreements within the powers granted to the\nauthority by this title and to perform such agreements. The provisions\nof any such agreements may be made a part of the contract with the\nholders of bonds of 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 when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement 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 purposes of the uniform commercial code, subject only to the\nprovisions 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\na price not exceeding:\n  (a) if the bonds are then redeemable, the redemption price then\napplicable, plus accrued interest to the next interest payment date;\n  (b) if the bonds are not then redeemable, the redemption price then\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date.\n
N.Y. EDN Law § 4317 — New York Code / Act EDN / Title 6 / Article 87 / Section 4317
Purchase of equipment
Status: in_force

§ 4317. Purchase of equipment.  The education department shall\npurchase all furniture, apparatus and other supplies necessary to the\nequipment and maintenance of the school in the most efficient manner.\n
N.Y. PBA Law § 1133*2 — New York Code / Act PBA / Article 5 / Title 6-C* / Section 1133*2
Agreement of the state
Status: in_force

* § 1133. Agreement of the state. The state does hereby pledge to and\nagree with the holders of any bonds issued by the authority pursuant to\nthis title that the state will not alter or limit the rights hereby\nvested in the authority to purchase, construct, maintain, operate,\nrepair, improve, increase, enlarge, extend, reconstruct, renovate,\nrehabilitate or dispose of any project, or any part or parts thereof,\nfor which bonds of the authority shall have been issued, to establish\nand collect lease payments, rates, fees and other charges referred to in\nthis title and to fulfill the terms of any agreement made with or for\nthe benefit of the holders of the bonds or with any public corporation\nor person with reference to such project or part thereof, or in any way\nimpair the rights and remedies of the bondholders, until the bonds,\ntogether with the interest thereon, including interest on any unpaid\ninstallments of interest, and all costs and expenses in connection with\nany action or proceeding by or on behalf of such holders, are fully met\nand discharged; provided, however, that this section shall not be\nconstrued to limit in any manner the ability of the state to alter,\namend or enforce laws or regulations to protect public health and the\nenvironment. The authority is authorized to include this pledge and\nagreement of the state in any agreement with bondholders.\n  * NB There are 2 § 1133's\n
N.Y. EDN Law § 4711 — New York Code / Act EDN / Title 6 / Article 95 / Section 4711
Reports to board of supervisors; inspection
Status: in_force

§ 4711. Reports to board of supervisors; inspection.  The board of\nmanagers of such school shall report in writing to the board of\nsupervisors or other governing elective body of the county when called\nupon to do so, and shall transmit such report to the clerk of such board\nor body, annually, on or before the thirtieth day of June.  Such annual\nreport shall state such facts in respect to the school as the board of\nmanagers may deem advisable and as the board of supervisors or other\ngoverning elective body may require.  Such board or body may, by a\ncommittee or any of its members or appointees, inspect such school, and\nfor such purpose may enter upon the land and into the buildings of such\nschool at all reasonable times.\n
N.Y. SOS Law § 208 — New York Code / Act SOS / Article 5 / Title 6 / Section 208
Definitions
Status: in_force

§ 208. Definitions. When used in this title:\n  1. "Supplemental security income benefits" shall mean payments made by\nthe secretary of the federal department of health, education and welfare\nto aged, blind and disabled persons pursuant to title sixteen of the\nfederal social security act.\n  2. "Additional state payments" shall mean payments made to aged, blind\nand disabled persons who are receiving, or who would but for their\nincome be eligible to receive, federal supplemental security income\nbenefits, whether made by the office of temporary and disability\nassistance in accordance with the provisions of this title and with\ntitle sixteen of the federal social security act, or by the commissioner\nof the United States social security administration, pursuant to and in\naccordance with the provisions of this title, title sixteen of the\nfederal social security act, and provisions of any agreement entered\ninto between the state and such commissioner by which the commissioner\nagrees to administer such additional state payments on behalf of the\nstate. Such payments are equal to the standard of need, less the greater\nof the federal benefit rate or countable income. For purposes of this\ntitle, the "federal benefit rate" shall mean the maximum payment of\nsupplemental security income payable to a person or couple with no\ncountable income.\n  3. The "secretary" shall mean the secretary of the federal department\nof health, education and welfare.\n  4. A "blind person" shall mean a person who has central visual acuity\nof 20/200 or less in the better eye with the use of a correcting lens.\nAn eye which is accompanied by a limitation in the fields of vision such\nthat the widest diameter of the visual field subtends an angle no\ngreater than twenty degrees shall be considered, for the purposes of the\nfirst sentence of this subdivision, as having a central visual acuity of\n20/200 or less.\n  5. A "disabled person" shall mean a person who is unable to engage in\nany substantial gainful activities by reason of any medically\ndeterminable physical or mental impairment which can be expected to\nresult in death or which has lasted or can be expected to last for a\ncontinuous period of not less than twelve months; or who, in the case of\na child under the age of eighteen, suffers from any medically\ndeterminable physical or mental impairment of comparable severity.\n  6. "Countable income" shall mean all of a person's income, in cash or\nin kind, both earned and unearned, which is not excluded by federal law\nor regulations or by regulations of the department in determining the\nneed of an individual for supplemental security income benefits or\nadditional state payments, including the income of an individual's\neligible spouse, and, if the individual is a child, certain income of\nsuch individual's parent or parents with whom he resides.\n  7. "Earned income" shall mean wages and earnings from self-employment\nin accordance with the regulations of the department.\n  8. "Unearned income" shall mean all other income, in accordance with\nthe regulations of the department.\n  9. "Countable resources" shall mean cash or other liquid assets or any\nreal or personal property that an individual or couple owns and could\nconvert to cash to be used for his or their support and maintenance,\nwhich is not excluded by federal law or regulations or by regulations of\nthe department in the determination of the need of an individual for\nsupplemental security income benefits or additional state payments.\n  10. An "eligible individual" shall mean a person who is eligible to\nreceive additional state payments pursuant to section two hundred nine\nof this title.\n  11. An "eligible couple" shall mean an eligible individual and his or\nher aged, blind or disabled spouse, who are living together or who are\nliving apart but have been living apart for less than six months.\n  12. The term "standard of need" shall refer solely to the maximum\nlevel of income a person or couple may have and remain eligible for\nadditional state payments under this title. The term applies solely to\nthe program of additional state payments and has no application to any\nother program or benefit.\n