§ 6503-B — Waiver for certain special education schools and early intervention agencies

§ 6503-b. Waiver for certain special education schools and early\nintervention agencies. 1. Definitions. As used in this section the\nfollowing terms shall have the following meanings:\n a. "Special education school" means an approved program as defined in\nparagraph b of subdivision one of section forty-four hundred ten of this\nchapter that meets the requirements of paragraph b of subdivision six of\nsuch section forty-four hundred ten; an approved private non-residential\nor residential school for the education of students with disabilities\nthat is located within the state; a child care institution as defined in\nsection four thousand one of this chapter that operates a private school\nfor the education of students with disabilities or an institution for\nthe deaf or blind operating pursuant to article eighty-five of this\nchapter that either: (1) conducts a multi-disciplinary evaluation for\npurposes of articles eighty-one or eighty-nine of this chapter that\ninvolves the practice of one or more professions for which a license is\nrequired pursuant to this title and no exception from corporate practice\nrestrictions applies, or (2) provides related services to students\nenrolled in the school or approved program that involves the practice of\none or more professions for which a license is required pursuant to this\ntitle and no exception from practice restrictions applies. Such term\nshall not include a school district, board of cooperative educational\nservices, municipality, state agency or other public entity. Nothing in\nthis section shall be construed to require a child care institution that\nconducts multi-disciplinary evaluations or provides related services\nthrough an approved private nonresidential school operated by such child\ncare institution to obtain a waiver, provided that such school obtains a\nwaiver pursuant to this section.\n b. "Early intervention agency" means an agency which is approved or is\nseeking approval in accordance with title two-A of article twenty-five\nof the public health law to deliver early intervention program\nmulti-disciplinary evaluations, service coordination services and early\nintervention program services, and is lawfully operated as a sole\nproprietorship or by a partnership, not-for-profit corporation,\neducation corporation, business corporation, a limited liability company\nor professional services organization established pursuant to article\nfifteen of the business corporation law, article twelve or thirteen of\nthe limited liability company law or article eight-B of the partnership\nlaw.\n c. "Early intervention program services" means early intervention\nservices as defined in subdivision seven of section twenty-five hundred\nforty-one of the public health law that are provided under the early\nintervention program and authorized in an eligible child's\nindividualized family services plan.\n d. "Multi-disciplinary evaluation" for purposes of a special education\nschool means a multi-disciplinary evaluation of a preschool child\nsuspected of having a disability or a preschool child with a disability\nthat is conducted pursuant to section forty-four hundred ten of this\nchapter or an evaluation of a school-age child suspected of having a\ndisability or with a disability which is conducted by a child care\ninstitution that operates a special education school or the special\neducation school operated by such institution pursuant to subdivision\nthree of section four thousand two of this chapter or by an institution\nfor the deaf or blind operating pursuant to article eighty-five of this\nchapter or an evaluation of a school-age child suspected of having a\ndisability or with a disability that is authorized to be conducted by a\nspecial education school pursuant to any other provision of this chapter\nand the regulations of the commissioner for purposes of identification\nof the child as a child with a disability or the development of an\nindividualized education program for the child.\n e. "Multi-disciplinary evaluation" for purposes of the early\nintervention program means a professional, objective assessment\nconducted by appropriately qualified personnel in accordance with\nsection twenty-five hundred forty-four of the public health law and its\nimplementing regulations to determine a child's eligibility for early\nintervention program services.\n f. "Related services" means related services as defined in paragraph g\nof subdivision two of section four thousand two, paragraph k of\nsubdivision two of section forty-four hundred one, or paragraph j of\nsubdivision one of section forty-four hundred ten of this chapter\nprovided to a child with a disability pursuant to such child's\nindividualized education program.\n 2. Waiver. a. No special education school may employ individuals\nlicensed pursuant to this article to conduct components of a\nmulti-disciplinary evaluation of a child with a disability or a child\nsuspected of having a disability or to provide related services to\nchildren with disabilities enrolled in the school, and no special\neducation school may provide such an evaluation component or related\nservices by contract with an individual licensed or otherwise authorized\nto practice pursuant to this article or with an entity authorized by law\nto provide such professional services, unless such school obtains a\nwaiver pursuant to this section. All special education schools approved\nby the commissioner as of the effective date of this section shall be\ndeemed operating under a waiver pursuant to this section for a period\ncommencing on such effective date and ending on July first, two thousand\nthirteen.\n b. No early intervention agency may employ or contract with\nindividuals licensed pursuant to this article or with a not-for-profit\ncorporation, education corporation, business corporation, limited\nliability company, or a professional services organization established\npursuant to article fifteen of the business corporation law, article\ntwelve or thirteen of the limited liability company law or article\neight-B of the partnership law, to conduct an early intervention program\nmulti-disciplinary evaluation, provide service coordination services or\nearly intervention program services unless such agency has obtained a\nwaiver pursuant to this section and has been approved in accordance with\ntitle two-A of article twenty-five of the public health law as an early\nintervention program provider. All early intervention agencies approved\nas of the effective date of this section shall be deemed to be operating\nunder a waiver pursuant to this section for a period commencing on such\neffective date and ending on July first, two thousand thirteen. Nothing\nin this section shall be construed to require an early intervention\nagency to operate under a waiver in accordance with this section\nprovided that it is otherwise authorized by law to provide the\napplicable professional services.\n 3. Obtaining a waiver. a. A special education school and early\nintervention agency shall obtain an application for a waiver on a form\nprescribed by the department. The department may issue a waiver on or\nafter July first, two thousand thirteen to an entity which was created\nbefore, on or after the effective date of this section if there is\ndemonstration of need of the entity's services satisfactory to the\ndepartment. The application for an initial waiver shall be accompanied\nby a fee of three hundred forty-five dollars. Where the applicant\nsimultaneously applies for a waiver as a special education school and\nearly intervention agency the total waiver fee shall be three hundred\nforty-five dollars.\n b. Within one hundred twenty days after the commissioner prescribes\nthe application form and posts notice of its availability on the\ndepartment's website, a special education school or early intervention\nagency must apply for a waiver. Upon submission of such application, the\nschool or agency may continue to operate and provide services until the\ndepartment shall either deny or approve the application. After the\ndepartment renders a timely initial determination that the applicant has\nsubmitted the information necessary to verify that the requirements of\nparagraphs c, d and e of this subdivision are satisfied, applications\nfor waivers shall be approved or denied within ninety days, provided\nhowever that if the waiver application is denied the school or agency\nshall cease providing services pursuant to this subdivision in the state\nof New York.\n c. Such waiver shall provide that services rendered pursuant to this\nsection, directly or indirectly, shall be provided only by a person\nappropriately licensed to provide such services, except as otherwise\nprovided in law, to provide such services or by a professional services\nentity authorized by law to provide such services.\n d. An application for a waiver to provide professional services\npursuant to this section shall be on a form prescribed by the\ncommissioner. Such application shall include: (i) the name of the\nspecial education school or early intervention agency; (ii) the names of\nthe directors or trustees and officers of such school or agency; (iii) a\nlisting of any other jurisdictions where such school or agency may\nprovide services; and (iv) an attestation made by an officer authorized\nby such school or agency to make such attestation that identifies the\nscope of services to be provided; includes a list of professions under\nthis title in which professional services will be provided by such\nschool or agency; includes a statement that, unless otherwise authorized\nby law, the school or agency shall only provide services authorized\nunder this section; includes a statement that only a licensed\nprofessional, a person otherwise authorized to provide such services, or\na professional services entity authorized by law to provide such\nservices shall provide such services as authorized under this section;\nand attests to the adequacy of the school's or agency's fiscal and\nfinancial resources to provide such services. Such application shall\nalso include any other information related to the application as may be\nrequired by the department. A school or agency with an approved waiver\nmay apply, on a form prescribed by the commissioner, to amend the waiver\nto add additional professional services.\n e. Each officer, trustee and director of such school or agency shall\nprovide an attestation regarding his or her good moral character as\nrequired pursuant to paragraph g of this subdivision. The commissioner\nshall be further authorized to promulgate rules or regulations relating\nto the standards of the waiver for special education schools and early\nintervention agencies pursuant to this section. Such regulations shall\ninclude standards relating to the school's or agency's ability to\nprovide services, the school's or agency's maintenance of student or\nclient and business records, the school's or agency's fiscal policies,\nand such other standards as may be prescribed by the commissioner.\n f. The special education school or early intervention agency operating\npursuant to a waiver shall display, at each site where services are\nprovided to the public, a certificate of such waiver issued by the\ndepartment pursuant to this section, which shall contain the name of the\nschool or agency and the address of the site. Such schools or agencies\nshall obtain from the department additional certificates for each site\nat which professional services are provided to the public. Each school\nor agency shall be required to re-apply for a waiver every three years.\nAn early intervention agency's waiver shall not be renewed unless the\nagency is approved to provide early intervention program\nmulti-disciplinary evaluations, service coordination or early\nintervention program services in accordance with title two-A of article\ntwenty-five of the public health law. Except as otherwise provided in\nsubdivision four of this section, if any information supplied to the\ndepartment regarding the school or agency shall change, the school or\nagency shall be required to provide such updated information to the\ndepartment within sixty days.\n g. All officers, trustees and directors of such schools or agencies\nshall be of good moral character. Schools or agencies operating pursuant\nto a waiver and their officers and directors shall be entitled to the\nsame due process procedures as are provided to such individuals and\nprofessional services corporations. No waiver issued under this section\nshall be transferable or assignable; as such terms are defined in the\nregulations of the commissioner.\n 4. Renewal of waiver. A. All special education school and early\nintervention agency waivers shall be renewed on dates set by the\ndepartment. The triennial waiver fee shall be two hundred sixty dollars\nor a pro-rated portion thereof as determined by the department. An early\nintervention agency's waiver shall not be renewed unless the agency is\napproved to provide early intervention program multi-disciplinary\nevaluations, service coordination nor early intervention program\nservices in accordance with title two-A of article twenty-five of the\npublic health law.\n 5. Change of location. In the event that a change in the location of\nthe chief administrative offices of a special education school or early\nintervention agency is contemplated, the owner shall notify the office\nof professions of the department of the change of location at least\nthirty days prior to relocation.\n 6. Professional practice. a. Notwithstanding any other provision of\nlaw to the contrary, a special education school operating under a waiver\nmay employ individuals licensed or otherwise authorized to practice any\nprofession pursuant to this article to conduct components of a\nmulti-disciplinary evaluation of a child with a disability or a child\nsuspected of having a disability or to provide related services to\nchildren with disabilities enrolled in the school or may provide\ncomponents of such an evaluation or such related services by contract\nwith an individual licensed or otherwise authorized to practice pursuant\nto this article or a not-for-profit corporation, education corporation,\nbusiness corporation, limited liability company or professional services\norganization established pursuant to article fifteen of the business\ncorporation law, article twelve or thirteen of the limited liability\ncompany law or article eight-B of the partnership law authorized by law\nto provide the applicable professional services.\n b. Notwithstanding any other provision of law to the contrary, an\nearly intervention agency operating under a waiver that is approved in\naccordance with title two-A of article twenty-five of the public health\nlaw may employ or contract with individuals licensed or otherwise\nauthorized to practice any profession pursuant to this article or with a\nnot-for-profit corporation, education corporation, business corporation,\nlimited liability company or professional services organization\nestablished pursuant to article fifteen of the business corporation law,\narticle twelve or thirteen of the limited liability company law or\narticle eight-B of the partnership law authorized to conduct early\nintervention program multi-disciplinary evaluations, provide service\ncoordination services and early intervention program services.\n c. A special education school or early intervention agency operating\nunder a waiver shall not practice any profession licensed pursuant to\nthis title or hold itself out to the public as authorized to provide\nprofessional services pursuant to this title except as authorized by\nthis section or otherwise authorized by law.\n 7. Supervision of professional practice. A special education school or\nearly intervention agency shall be under the supervision of the regents\nof the university of the state of New York and be subject to\ndisciplinary proceedings and penalties. A special education school or\nearly intervention agency operating under a waiver shall be subject to\nsuspension, revocation or annulment of the waiver for cause, in the same\nmanner and to the same extent as is provided with respect to individuals\nand their licenses, certificates, and registrations in the provisions of\nthis title relating to the applicable profession. Notwithstanding the\nprovisions of this subdivision, a special education school or early\nintervention agency that conducts or contracts for a component of a\nmulti-disciplinary evaluation that involves the practice of medicine\nshall be subject to the pre-hearing procedures and hearing procedures as\nis provided with respect to individual physicians and their licenses in\ntitle two-A of article two of the public health law. Notwithstanding any\nother provision of law to the contrary, upon revocation or other\ntermination by the commissioner of approval of the special education\nschool pursuant to article eighty-nine of this chapter and the\nregulations of the commissioner implementing such article or termination\nof the early intervention agency pursuant to title two-A of article\ntwenty-five of the public health law and implementing regulations by the\ncommissioner pursuant to subdivision eighteen of section forty-four\nhundred three of this chapter, the school's or early intervention\nagency's waiver pursuant to this section shall be deemed revoked and\nannulled.\n