NY Educ L § 6503-B (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 130* - General Provisions Sub Art. 1 - Introductory Summary. 6503-B - Waiver for Certain Special Education Schools and Early Intervention Agencies.

§  6503-b.  Waiver  for  certain  special  education schools and early   intervention agencies. 1. Definitions.  As  used  in  this  section  the   following terms shall have the following meanings:a.  "Special education school" means an approved program as defined in   paragraph b of subdivision one of section forty-four hundred ten of this   chapter that meets the requirements of paragraph b of subdivision six of   such section forty-four hundred ten; an approved private non-residential   or residential school for the education of  students  with  disabilities   that is located within the state; a child care institution as defined in   section four thousand one of this chapter that operates a private school   for  the  education  of students with disabilities or an institution for   the deaf or blind operating pursuant  to  article  eighty-five  of  this   chapter  that  either:  (1) conducts a multi-disciplinary evaluation for   purposes of articles eighty-one or  eighty-nine  of  this  chapter  that   involves  the practice of one or more professions for which a license is   required pursuant to this title and no exception from corporate practice   restrictions applies, or  (2)  provides  related  services  to  students   enrolled in the school or approved program that involves the practice of   one or more professions for which a license is required pursuant to this   title  and  no  exception  from practice restrictions applies. Such term   shall not include a school district, board  of  cooperative  educational   services,  municipality, state agency or other public entity. Nothing in   this section shall be construed to require a child care institution that   conducts multi-disciplinary evaluations  or  provides  related  services   through an approved private nonresidential school operated by such child   care institution to obtain a waiver, provided that such school obtains a   waiver pursuant to this section.b. "Early intervention agency" means an agency which is approved or is   seeking  approval  in accordance with title two-A of article twenty-five   of  the  public  health  law  to  deliver  early  intervention   program   multi-disciplinary  evaluations, service coordination services and early   intervention program services,  and  is  lawfully  operated  as  a  sole   proprietorship   or   by   a  partnership,  not-for-profit  corporation,   education corporation, business corporation, a limited liability company   or professional services organization established  pursuant  to  article   fifteen  of  the business corporation law, article twelve or thirteen of   the limited liability company law or article eight-B of the  partnership   law.c.  "Early  intervention  program  services"  means early intervention   services as defined in subdivision seven of section twenty-five  hundred   forty-one  of  the  public  health law that are provided under the early   intervention   program   and   authorized   in   an   eligible   child's   individualized family services plan.d. "Multi-disciplinary evaluation" for purposes of a special education   school  means  a  multi-disciplinary  evaluation  of  a  preschool child   suspected of having a disability or a preschool child with a  disability   that  is  conducted  pursuant  to section forty-four hundred ten of this   chapter or an evaluation of a school-age child  suspected  of  having  a   disability  or  with  a  disability  which  is conducted by a child care   institution that operates a special  education  school  or  the  special   education  school  operated  by such institution pursuant to subdivision   three of section four thousand two of this chapter or by an  institution   for  the deaf or blind operating pursuant to article eighty-five of this   chapter or an evaluation of a school-age child  suspected  of  having  a   disability  or with a disability that is authorized to be conducted by a   special education school pursuant to any other provision of this chapter   and the regulations of the commissioner for purposes  of  identification    of  the  child  as  a  child  with a disability or the development of an   individualized education program for the child.e.   "Multi-disciplinary   evaluation"   for  purposes  of  the  early   intervention  program  means  a   professional,   objective   assessment   conducted  by  appropriately  qualified  personnel  in  accordance  with   section twenty-five hundred forty-four of the public health law and  its   implementing  regulations  to  determine a child's eligibility for early   intervention program services.f. "Related services" means related services as defined in paragraph g   of subdivision  two  of  section  four  thousand  two,  paragraph  k  of   subdivision  two  of  section  forty-four hundred one, or paragraph j of   subdivision one of  section  forty-four  hundred  ten  of  this  chapter   provided  to  a  child  with  a  disability  pursuant  to  such  child's   individualized education program.2. Waiver. a. No  special  education  school  may  employ  individuals   licensed   pursuant   to   this  article  to  conduct  components  of  a   multi-disciplinary evaluation of a child with a disability  or  a  child   suspected  of  having  a  disability  or  to provide related services to   children with disabilities  enrolled  in  the  school,  and  no  special   education  school  may  provide  such an evaluation component or related   services by contract with an individual licensed or otherwise authorized   to practice pursuant to this article or with an entity authorized by law   to provide such professional services,  unless  such  school  obtains  a   waiver  pursuant to this section. All special education schools approved   by the commissioner as of the effective date of this  section  shall  be   deemed  operating  under  a waiver pursuant to this section for a period   commencing on such effective date and ending on July first, two thousand   thirteen.b.  No  early  intervention  agency  may  employ  or   contract   with   individuals  licensed  pursuant to this article or with a not-for-profit   corporation,  education  corporation,  business   corporation,   limited   liability  company,  or a professional services organization established   pursuant to article fifteen of the  business  corporation  law,  article   twelve  or  thirteen  of  the  limited  liability company law or article   eight-B of the partnership law, to conduct an early intervention program   multi-disciplinary evaluation, provide service coordination services  or   early  intervention  program  services unless such agency has obtained a   waiver pursuant to this section and has been approved in accordance with   title two-A of article twenty-five of the public health law as an  early   intervention  program provider. All early intervention agencies approved   as of the effective date of this section shall be deemed to be operating   under a waiver pursuant to this section for a period commencing on  such   effective  date and ending on July first, two thousand thirteen. Nothing   in this section shall be construed  to  require  an  early  intervention   agency  to  operate  under  a  waiver  in  accordance  with this section   provided  that  it  is  otherwise  authorized  by  law  to  provide  the   applicable professional services.3.  Obtaining  a  waiver.  a.  A  special  education  school and early   intervention agency shall obtain an application for a waiver on  a  form   prescribed  by  the  department. The department may issue a waiver on or   after July first, two thousand thirteen to an entity which  was  created   before,  on  or  after  the  effective  date of this section if there is   demonstration of need of  the  entity's  services  satisfactory  to  the   department.  The  application for an initial waiver shall be accompanied   by a fee of  three  hundred  forty-five  dollars.  Where  the  applicant   simultaneously  applies  for  a waiver as a special education school and   early intervention agency the total waiver fee shall  be  three  hundred   forty-five dollars. b.  Within  one  hundred twenty days after the commissioner prescribes   the application form  and  posts  notice  of  its  availability  on  the   department's  website,  a special education school or early intervention   agency must apply for a waiver. Upon submission of such application, the   school  or agency may continue to operate and provide services until the   department shall either deny  or  approve  the  application.  After  the   department renders a timely initial determination that the applicant has   submitted  the  information necessary to verify that the requirements of   paragraphs c, d and e of this subdivision  are  satisfied,  applications   for  waivers  shall  be  approved or denied within ninety days, provided   however that if the waiver application is denied the  school  or  agency   shall cease providing services pursuant to this subdivision in the state   of New York.c.  Such  waiver shall provide that services rendered pursuant to this   section, directly or indirectly, shall be  provided  only  by  a  person   appropriately  licensed  to  provide  such services, except as otherwise   provided in law, to provide such services or by a professional  services   entity authorized by law to provide such services.d.  An  application  for  a  waiver  to  provide professional services   pursuant  to  this  section  shall  be  on  a  form  prescribed  by  the   commissioner.  Such  application  shall  include:  (i)  the  name of the   special education school or early intervention agency; (ii) the names of   the directors or trustees and officers of such school or agency; (iii) a   listing of any other jurisdictions  where  such  school  or  agency  may   provide  services; and (iv) an attestation made by an officer authorized   by such school or agency to make such attestation  that  identifies  the   scope  of  services to be provided; includes a list of professions under   this title in which professional  services  will  be  provided  by  such   school or agency; includes a statement that, unless otherwise authorized   by  law,  the  school  or  agency shall only provide services authorized   under  this  section;  includes  a  statement  that  only   a   licensed   professional, a person otherwise authorized to provide such services, or   a  professional  services  entity  authorized  by  law  to  provide such   services shall provide such services as authorized under  this  section;   and  attests  to  the  adequacy  of  the school's or agency's fiscal and   financial resources to provide such  services.  Such  application  shall   also  include any other information related to the application as may be   required by the department. A school or agency with an  approved  waiver   may apply, on a form prescribed by the commissioner, to amend the waiver   to add additional professional services.e.  Each  officer, trustee and director of such school or agency shall   provide an attestation regarding his or  her  good  moral  character  as   required  pursuant  to paragraph g of this subdivision. The commissioner   shall be further authorized to promulgate rules or regulations  relating   to  the  standards of the waiver for special education schools and early   intervention agencies pursuant to this section. Such  regulations  shall   include  standards  relating  to  the  school's  or  agency's ability to   provide services, the school's or agency's  maintenance  of  student  or   client  and  business records, the school's or agency's fiscal policies,   and such other standards as may be prescribed by the commissioner.f. The special education school or early intervention agency operating   pursuant to a waiver shall display, at  each  site  where  services  are   provided  to  the  public,  a  certificate  of such waiver issued by the   department pursuant to this section, which shall contain the name of the   school or agency and the address of the site. Such schools  or  agencies   shall  obtain  from the department additional certificates for each site   at which professional services are provided to the public.  Each  school   or  agency shall be required to re-apply for a waiver every three years.    An early intervention agency's waiver shall not be  renewed  unless  the   agency    is    approved   to   provide   early   intervention   program   multi-disciplinary   evaluations,   service   coordination   or    early   intervention  program services in accordance with title two-A of article   twenty-five of the public health law. Except as  otherwise  provided  in   subdivision  four  of  this  section, if any information supplied to the   department regarding the school or agency shall change,  the  school  or   agency  shall  be  required  to  provide such updated information to the   department within sixty days.g. All officers, trustees and directors of such  schools  or  agencies   shall be of good moral character. Schools or agencies operating pursuant   to  a  waiver  and their officers and directors shall be entitled to the   same due process procedures as are  provided  to  such  individuals  and   professional  services corporations. No waiver issued under this section   shall be transferable or assignable; as such terms are  defined  in  the   regulations of the commissioner.4.  Renewal  of  waiver.  A.  All  special  education school and early   intervention agency waivers  shall  be  renewed  on  dates  set  by  the   department.  The triennial waiver fee shall be two hundred sixty dollars   or a pro-rated portion thereof as determined by the department. An early   intervention agency's waiver shall not be renewed unless the  agency  is   approved   to  provide  early  intervention  program  multi-disciplinary   evaluations,  service  coordination  nor  early   intervention   program   services  in  accordance  with title two-A of article twenty-five of the   public health law.5. Change of location. In the event that a change in the  location  of   the  chief administrative offices of a special education school or early   intervention agency is contemplated, the owner shall notify  the  office   of  professions  of  the  department  of the change of location at least   thirty days prior to relocation.6. Professional practice. a. Notwithstanding any  other  provision  of   law to the contrary, a special education school operating under a waiver   may  employ individuals licensed or otherwise authorized to practice any   profession  pursuant  to  this  article  to  conduct  components  of   a   multi-disciplinary  evaluation  of  a child with a disability or a child   suspected of having a disability  or  to  provide  related  services  to   children  with  disabilities  enrolled  in  the  school  or  may provide   components of such an evaluation or such related  services  by  contract   with an individual licensed or otherwise authorized to practice pursuant   to  this article or a not-for-profit corporation, education corporation,   business corporation, limited liability company or professional services   organization established pursuant to article  fifteen  of  the  business   corporation  law,  article  twelve  or thirteen of the limited liability   company law or article eight-B of the partnership law authorized by  law   to provide the applicable professional services.b.  Notwithstanding  any  other  provision  of law to the contrary, an   early intervention agency operating under a waiver that is  approved  in   accordance  with title two-A of article twenty-five of the public health   law may employ  or  contract  with  individuals  licensed  or  otherwise   authorized to practice any profession pursuant to this article or with a   not-for-profit corporation, education corporation, business corporation,   limited   liability   company   or  professional  services  organization   established pursuant to article fifteen of the business corporation law,   article twelve or thirteen of  the  limited  liability  company  law  or   article  eight-B  of  the  partnership  law  authorized to conduct early   intervention program  multi-disciplinary  evaluations,  provide  service   coordination services and early intervention program services. c.  A  special education school or early intervention agency operating   under a waiver shall not practice any profession  licensed  pursuant  to   this  title  or  hold  itself out to the public as authorized to provide   professional services pursuant to this title  except  as  authorized  by   this section or otherwise authorized by law.7. Supervision of professional practice. A special education school or   early  intervention agency shall be under the supervision of the regents   of  the  university  of  the  state  of  New  York  and  be  subject  to   disciplinary  proceedings  and  penalties. A special education school or   early intervention agency operating under a waiver shall be  subject  to   suspension, revocation or annulment of the waiver for cause, in the same   manner and to the same extent as is provided with respect to individuals   and their licenses, certificates, and registrations in the provisions of   this  title  relating  to the applicable profession. Notwithstanding the   provisions of this subdivision, a  special  education  school  or  early   intervention  agency  that  conducts  or  contracts for a component of a   multi-disciplinary evaluation that involves  the  practice  of  medicine   shall be subject to the pre-hearing procedures and hearing procedures as   is  provided with respect to individual physicians and their licenses in   title two-A of article two of the public health law. Notwithstanding any   other provision of  law  to  the  contrary,  upon  revocation  or  other   termination  by  the  commissioner  of approval of the special education   school  pursuant  to  article  eighty-nine  of  this  chapter  and   the   regulations of the commissioner implementing such article or termination   of  the  early  intervention  agency  pursuant to title two-A of article   twenty-five of the public health law and implementing regulations by the   commissioner pursuant to  subdivision  eighteen  of  section  forty-four   hundred  three  of  this  chapter,  the  school's  or early intervention   agency's waiver pursuant to this section shall  be  deemed  revoked  and   annulled.