Would amend the Education Law to revise and update Article 19 on school health services to be consistent with current practice standards for school health services; eliminate archaic language; reorganize, consolidate and/or expand sections within Article 19 to be reflective of professional practice and school health services; and eliminate organizational patterns for the delivery of school health services that are no longer in effect.

(Estimated State cost: First year - $0; first full year – $0; fifth year - $0)

Would establish an advanced program examination fee reduction program to ensure that no student in the secondary schools of the State is deprived of the opportunity to participate in an advanced program because of cost.

(Estimated State cost: $600,000 [was $466,400 last year])

ED-3/02 - Transition Services (ED-3/01; ED-3/00; ED-3/99; ED-5/98)

Would amend the Education Law relating to the responsibility of school districts to provide written notice to certain students with disabilities who are aging out of the school system.

• Enhances coordination with adult services for transitioning students; repeals certain provisions relating to notice and reporting requirements and an annual report for certain students who are aging out; and reduces administrative costs to districts.

(Estimated State Cost: No cost to State. First year - $9,000 savings; first full year - $9,000 savings; fifth year - $9,000 savings)

ED-4/02 - Vehicle Lease (ED-4/01; ED-4/00; ED-4/99; ED-6/98)

Would amend the Education Law and the State Finance Law in relation to the lease, lease-purchase or rental of vehicles on behalf of certain individuals with disabilities.

• Increases availability of accessible transportation; improves access to employment and postsecondary education; promotes full personal and economic independence; reduces reliance on public benefits; and assists up to 30 individuals per year with the most significant disabilities for whom the lack of transportation is a primary barrier to employment.

(Estimated State Cost: No cost to State. First year - $150,000 savings; and each year thereafter)

Would amend the New York State Tax Law in relation to the Workers with Disabilities Employment Tax Credit.

• Extends the New York tax credit to persons employed on a part-time basis thereby affecting more persons with severe disabilities; extends the tax credit to include veterans with disabilities participating in a program of vocational rehabilitation carried out under Chapter 31 of Title 38 of the US Code; and ensures consistency of the NYS Workers with Disabilities Employment Tax Credit with the Federal Work Opportunity Tax Credit program.

(Estimated State Cost: First full tax year cost - $335,000; fifth tax year - $6,253,000 savings)

ED-6/02 - Technical Assistance Program (ED-6/01; ED-8/00)

Would amend the Education Law relating to the establishment of a regional traumatic brain injury (TBI) technical assistance center.

• This legislation would provide fiscal support to regional centers that provide schools and families with the knowledge and skills relating to TBI essential to ensuring appropriate educational supports and services for children with TBI.
• The Department has, through federal IDEA discretionary funds, demonstrated the program and cost effectiveness of the model of regional TBI technical assistance projects. Three projects were piloted for five years in three regions of the State, beginning in the school year 1990-91. Based upon the proven success of these projects in providing cost-effective support and technical assistance to schools and families, the projects were replicated in five other regions of the State, including New York City. In 1999, the federal funds to support these projects expired.

(Estimated State Cost: First year - $880,000 – fifth year - $990,448)

Would establish an Interagency Council for Services to Persons who are Deaf, Deaf-Blind or Hard of Hearing.

• This legislation would improve the delivery of services to individuals who are deaf, deaf-blind or hard of hearing. It would focus on the continuum for medical, housing, transportation, technology supports, personal care, family supports, day program and other essential services for this population. Interagency discussion will result in an identification of the needs of the deaf, deaf-blind and hard of hearing communities and a more efficient matching of these needs to State resources. The establishment of the Council that includes persons recommended by the Governor, the President of the Senate and the Speaker of the Assembly who are deaf, deaf-blind or hard of hearing will do much to ensure that services for this population are responsive to the special needs of these groups.

(Estimated State Cost: First year - $350,000 – fifth year - $350,000)

Would amend Chapter 405 of the Laws of 1999, §4403 to require that the Department submit a report to the Governor and the Legislature every three years instead of every year regarding information collected on students with disabilities.

• Underlying causes for these rates do not change annually; therefore, it is impractical to survey school districts annually to determine causes for the special education problems identified in §4403.

Would make clarifying amendments to Article 81, consistent with the intent of Chapter 305 of the Laws of 1988 relating to the responsibility of the Committee on Special Education (CSE) of the child care institution for students who are suspected of having a disability.

• Will ensure that the CSE of a child care institution has authority to evaluate and provide appropriate special education services to a student with a disability who has been placed in a child care institution.
• Will provide mandate relief to other State agencies, while maintaining their authority to make such referrals, as they deem appropriate.

Would amend the Workers’ Compensation Law and the State Finance Law to reflect an increase in the portion of federal financing for vocational rehabilitation services. Would also seek to clarify the use by SED of State funding to support a portion of the overall costs of administering VESID programs.

• This legislation reflects the controlling effect of federal law and clarifies SED use of the State Vocational Rehabilitation Fund for administrative purposes associated with VESID programs.

Would amend §7401 of the Education Law to include in their scope of practice all of the professional services public accountants provide. This bill would also clarify which services CPAs can provide as solo practitioners, within CPA firms and within business corporations.

• Maintains the current statutory scope of practice of CPAs regarding the audit and attest services performed by a CPA.
• Extends the scope of practice of CPAs to reflect accurately all the professional services they provide under the CPA title. Peripheral functions, such as tax accounting, financial management, or estate planning, would be incorporated into the scope of practice of CPAs when they are performed by a CPA or a CPA firm. This revision would better protect the public by ensuring that when CPAs provide these services they will be accountable as licensed professionals. These peripheral services also can continue to be performed by an unlicensed person.

To better protect the public from NYS licensing of incompetent or negligent professionals, this bill would amend §6506(6) and §6507 of the Education Law to authorize denial of a license or limited permit for a professional whose records indicate previous incompetence or gross negligence in another jurisdiction.

Would amend Education Law §6510(1) to better protect the public from professional misconduct by expediting the discipline process. It would establish clear and efficient procedures for service of charges and notice of hearing in professional discipline cases. Before a licensee may appear as a respondent at a discipline hearing, he or she must be served with the charges. This bill provides that service may be accomplished by personally delivering the charges to the licensee at least 20 days before the hearing or by mailing to the licensee's last address reported to the department at least 25 days before the hearing.

• Will better protect the public from professional misconduct by expediting the discipline process through reduction of hearing adjournments due to lack of service.
• Service of process personally, or by mail, upon the licensee is consistent with procedures used by the New York State Bar Association.

Would amend §6510 of the Education Law relating to the determination of penalty of uncontested minor violations.

• Reduces the number of members sitting on a violations committee from five to at least three, with at least one member a representative of the public. This will result in committees being set up more quickly and penalties for minor or technical violations being delivered more quickly.

Would amend §6502 of the Education Law to enable the Department to contact licensees more readily when necessary.

• Renders failure to notify the department of change of name or mailing address within 180 days professional misconduct.
• Expands the application of this section from physicians, physician assistants and specialist assistants, to all professions licensed under Title VIII.
• Should motivate licensees to quickly notify the department of any change in name and/or address.

ED-12/02 – Inflationary Increases in Library Aid (ED-12/01; ED-16/00)

Would amend the Education Law to include annual inflationary increases to library aid formulas and provisions.

• Allows an annual inflationary increase to be added to statutory library programs that are funded through local assistance.

(Estimated State Cost: Equal to the Consumer Price Index applied to library local assistance funding of $88.8 million for 1999-2000.)