2023 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.