SUMMARIES

OF

DEPARTMENTAL LEGISLATIVE PROPOSALS

2004

The University of the State of New York

The State Education Department

Albany, New York

December 2003

SUMMARIES OF DEPARTMENTAL LEGISLATION FOR 2004

Elementary, Middle, Secondary and Continuing Education

ED-1/04 - School Health Services

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and school health services; and eliminate organizational patterns for the delivery of school health services that are no longer in effect.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: No cost to State)

ED-2/04 - Advanced Placement Examination Access

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 the cost of examinations.

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

ED-3A/04 - Provide Equitable Pension Benefits for School Administrators (NYC)

ED-3B/04 - (Rest of State)

Would promote retention of school leaders and make positions in school leadership more attractive to teachers by providing equity in the award of retirement service credit to those administrators and supervisors whose positions require service beyond the ten-month school year. These administrators are now awarded service credit as if they worked only ten months.

· Under current law, school administrators receive the same pension credit for twelve months of work as teachers receive for ten months of work. Accordingly, pension accruals do not reflect the extra two months of work required of superintendents of schools and other school administrators.

(Estimated State cost: No cost to State)

Vocational and Educational Services for Individuals with Disabilities

ED-5/04 - Tax Credit for Workers with Disabilities (S-5058/A-8781)

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-6/04 - Reporting Requirements (S-5170)

Would amend Chapter 405 of the Laws of 1999, section 4403 of the Education Law, 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.

· Data gathered by the Department and by school districts in preparation for this report has indicated that underlying causes for these rates do not change annually; it is therefore impractical to survey school districts on a yearly basis to establish causes for the special education statistical data identified in Chapter 405. Furthermore, school districts have expressed the need for more time to implement strategies recommended in preceding corrective action plans to deal with the underlying causes of such rates.

(Estimated State cost: No cost to State)

ED-7/04 - Children Residing in Child Care Institutions (S-5070)

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 childcare 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.

(Estimated State cost: No cost to State)

ED-13/04 - Federal Financing of Vocational Rehabilitation Services (S-5403)

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.

(Estimated State cost: No cost to State)

ED-8/04 - Impartial Hearings for Students with Disabilities

The purpose of the bill is to preserve IDEA funds and establish regional rates and standards for the reimbursement of impartial hearing officers. Specifically, this proposal would amend section 4404 of the Education Law to:

· Provide statutory authority for the Commissioner, with approval of the Director of the Division of Budget, to set rates for the compensation of impartial hearing officers. This may include setting regional compensation rates for impartial hearing officer time, travel, meals and overnight expenses.

(Estimated State cost: No cost to State)

Office of Higher Education

ED-23/04 - Retirees in Teacher Education Shortage Areas

Would amend sections 210, 211, 212 of the Retirement and Social Security Law to allow retired public employees to work in hard-to-staff teacher educator faculty positions in the State's public university systems.

· Members would continue to receive their retirement benefit provided they are employed as "teacher educators" in a "teacher educator shortage area" and such employment has been approved by the Chancellor of the State University or the Board of Higher Education of the city of New York.

(Estimated State cost: No cost to State)

Office of the Professions

ED-9/04 - Previous Disciplinary History May Be Considered for Licensure (A-7515)

To better protect the public from NYS licensing of incompetent or negligent professionals, this bill would amend sections 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.

(Estimated State cost: No cost to State)

ED-10/04 - Revise Requirements for Personal Service of Notice of Hearing and Statement of Charges Upon a Licensee (A-7508/S-3822)

Would amend section 6510(1) of the Education Law 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.

(Estimated State cost: No cost to State)

ED-11/04 - Determination of Penalty on Uncontested Minor Violations

Would amend section 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.

(Estimated State cost: No cost to State)

ED-12/04 - Facilitate Contact with Licensees

Would amend section 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.

(Estimated State cost: No cost to State)

Office of Cultural Education

ED-14/04 - Inflationary Increases in Library Aid (A-8355/S-3995)

Would amend the Education Law to add a new section 286 to include annual inflationary increases to statutory library aid formulas and provisions. This would authorize an additional apportionment to libraries, library systems and other eligible institutions that would assure that library aid payable pursuant to sections 271, 272, 273, 273-a, 284 and 285 increases as the cost of living increases. An annual increase in State aid, equal to the Consumer Price Index, will allow libraries to keep pace with inflation in order to maintain and extend services.

(Estimated State cost: First Year - $0; first full year - $2.3 million; fifth year - $9.3 million)

ED-15/04 - Library Aid Formula Stabilization (A-8365A/S-5057)

Would amend section 273 of the Education Law by adding a new paragraph 10 to assure that library aid payable pursuant to sections 271, 272, 273 and 273-a of the Education Law is not reduced to less than library aid received for the year 2001-2002 as a result of a decrease in the population of the area served as a result of the latest approved federal census.

· These formula stabilization funds are critical towards maintaining and extending services for libraries and library users.

(Estimated State cost: First Year - $0; first full year - $200,000; fifth year - $200,000)

ED-16/04 - Technical Amendments to Library Aid Program Provisions in Education Law

Would amend sections 271, 273, 273-a, 284 and 285 of the Education Law to clarify and remove outdated provisions related to state aid for libraries and library systems and to include statutory payment dates for such aid.

· Will clarify program requirements and intent for applicants; update outmoded language that no longer reflects the modern library and information services environment; improve operational efficiency by eliminating and/or consolidating reporting requirements and clearly indicate in law the dates by which the State should pay state aid to approved libraries and library systems.

· These amendments are consistent with content of the Regents priority legislative proposal, New Century Libraries.

(Estimated State cost: No cost to State)

Office of Counsel

ED-19/04 - Fingerprinting of Employees in Special Education Placements (S-4985)

Would protect the health and safety of students with disabilities who attend various special education schools in settings outside of a public school district or BOCES by requiring the fingerprinting and criminal history record checks of prospective employees of such schools on the same basis as prospective employees of school districts, charter schools and BOCES.

(Estimated State cost: Unknown at this time)

ED-22/03 - Absentee Ballots in Nursing Homes

Would reconcile the provisions of section 8-407 of the Election Law with the provisions of the Education Law on absentee ballots and the canvassing of votes in nursing homes, hospitals or other facilities described in section 8-407(1) of the Election Law.

· Will amend section 1501-c of the Education Law to provide that school districts, BOCES, school district public libraries and library districts will be required to designate facilities for supervised casting of ballots where such facility has received 25 or more absentee ballot applications at least 21 days before a district meeting or election.

· Will clarify that the process applies to all district meetings or elections pursuant to article forty-one of the Education Law.

(Estimated State cost: No cost to State)