New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter B - Regulation of Professions
Part 59 - General Provisions
Section 59.15 - Waiver for certain special education schools and early intervention agencies providing certain professional services

Universal Citation: 8 NY Comp Codes Rules and Regs § 59.15

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Applicability.

(1) Section 6503-b (2)(a) of the Education Law authorizes the department to issue a waiver for special education schools. as defined in section 6503-b (1)(a) of the Education Law, to provide the following services:

(i) conduct components of a multi-disciplinary evaluation as defined in section 6503-b (1)(d) of the Education Law; and

(ii) related services, as defined in section 6503-b (1)(d) of the Education Law.

(2) Section 6503-b (2)(b) of the Education Law authorizes the department to issue a waiver for early intervention agencies defined in section 6503- b(1)(b). to provide the following services:

(i) early intervention program services. as defined in section 6503-b (1)(c) of the Education Law;

(ii) multi-disciplinary evaluations for purposes of an early intervention program. as defined in section 6503-b (1)(e) of the Education Law; and

(iii) service coordination services.

(b) Eligible entities.

(1) To be eligible for a waiver under this section. an entity must be either:

(i) a special education school, as defined in section 6503-b (1)(a) of the Education Law, if seeking to provide the services set forth in paragraph (a)(1) of this section; or

(ii) an early intervention agency, as defined in section 6503-b (1)(b) of the Education Law. if seeking to provide the services set forth in paragraph (a)(2) of this section.

(2) Entities that do not require a waiver. In accordance with section 6503-b of the Education Law, the following entities do not require a waiver under this section:

(i) a school district. board of cooperative educational services, municipality, State agency, or other public entity;

(ii) 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, provided that such school obtains a waiver pursuant to this section; and

(iii) a special education school or an early intervention agency that is otherwise authorized by law to provide the applicable professional services.

(1) To be approved to provide the services described in subdivision (a) of this section, without having to demonstrate the need for the entity's services, an eligible entity shall have obtained a waiver from the department no later than July 1, 2013. The department may, however. issue a waiver to a qualified entity after July 1, 2013. regardless of the date on which the entity was created, upon a demonstration of need for the entity's services satisfactory to the department (e.g., the entity provides services to an underserved population or in a shortage area).

(2) Within 120 days after the posting of the application form on the department's website. any entity described in subdivision (b) of this section providing services described in subdivision (a) of this section. shall submit an application for a waiver on forms prescribed by the commissioner. Upon submission of an application for a waiver under this section, the entity may continue to operate and provide services until the department either denies or approves the entity's application.

(3) An application for a waiver under this section shall be accompanied by the application fee of $345, provided that where the applicant simultaneously applies for a waiver as a special education school and a waiver as an early intervention agency, the total waiver fee shall be $345. The application shall include:

(i) the name of the special education school or early intervention agency;

(ii) evidence acceptable to the department that the entity is either:

(a) a special education school as defined in section 6503-b (1)(a) of the Education Law; or

(b) an early intervention agency as defined in section 6503-b (1)(b) of the Education Law;

(iii) the primary address, phone number, website and email address for the entity;

(iv) contact information for the individual responsible for submitting the application for a waiver, including phone number and email address;

(v) the names and contact information of the directors, trustees and officers of the entity;

(vi) a listing of other jurisdictions in which the entity may provide the services described in subdivision (a) of this section;

(vii) an attestation by an officer authorized by the entity to make such attestation that:

(a) identifies the scope of services to be provided by the entity;

(b) includes a list of professions under title VIII of the Education Law in which professional services will be provided by such entity;

(c) includes a statement that individuals authorized to provide professional services only under supervision will receive the required supervision;

(d) includes a description of how the services will be provided. including a description of whether the services will be provided by licensed or authorized individuals employed by the entity or provided through a contract with licensed professionals, individuals otherwise authorized to practice or a professional entity, as set forth in Education Law section 6503-b(6);

(e) 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 professional services as are authorized under this section;

(f) includes a statement that the entity will verify the licensure, limited permit or other authorization of individuals and professional entities providing services described in this section, as employees of or on behalf of the entity; and

(g) includes a statement that, unless otherwise authorized by law, the entity shall only provide services authorized under section 6503-b of the Education Law;

(h) the entity will comply with section 18 of the Public Health Law relating to patient access to records;

(i) the entity will comply with all applicable laws and regulations relating to privacy and access to records of any student, client or business record;

(j) the entity will make available any and all information requested by the department relating to the entity's eligibility for a waiver and the entity's compliance with the requirements of this section and section 6503-b of the Education Law;

(k) the entity has adequate fiscal and financial resources to provide such services; and

(l) the statements on the application are true and accurate.

(d) Attestation of moral character.

(1) Each officer, director, and trustee of the entity shall submit, on forms prescribed by the commissioner, an attestation regarding whether:

(i) the individual has been found guilty after trial, or pleaded guilty, no contest or nolo contendere to a crime (felony or misdemeanor) in any court;

(ii) the individual has criminal charges (felony or misdemeanor) pending in any court;

(iii) any licensing or disciplinary authority has refused to issue a license or has ever revoked, annulled, cancelled, accepted surrender of, suspended, placed on probation, or refused to renew a professional license or certificate held by the individual now or previously, or has ever fined, censured, reprimanded or otherwise disciplined the individual;

(iv) there are any pending charges against the individual in any jurisdiction for any sort of professional misconduct; or

(v) a hospital or licensed facility has restricted or terminated the individual's professional training. employment or privileges, or whether the individual has ever voluntarily resigned or withdrawn from such association to avoid imposition of such measure.

(2) Any information included in the application that indicates that a director or officer of the entity has committed an act which raises a reasonable question as to the individual's moral character shall be referred to the director of the Office of Professional Discipline or his or her designee. The determination of whether an officer. director or trustee of the entity is of good moral character shall be made in accordance with the procedures specified in Subpart 28-1 of this Title.

(e) Provision of professional services.

(1) Notwithstanding any other provision of the law to the contrary, a special education school or early intervention agency operating under a waiver pursuant to section 6503-b of the Education Law may employ individuals licensed or otherwise authorized to practice a profession as defined under title VIII of the Education Law, to the extent the services are authorized by the waiver.

(2) Unless otherwise authorized by law, an entity that holds a waiver under this section shall not provide services in any profession other than those authorized pursuant to section 6503-b of the Education Law and included on the application for a waiver.

(f) Review of waiver applications. The application shall not be deemed acceptable if the entity has not submitted information identified in subdivisions (c) and (d) of this section. The department may deny an application based on the failure of the applicant to submit the required information within a reasonable period of time, as determined by the department. When, in the determination of the department, all necessary information has been received, a decision to approve or deny the waiver application shall be made within 90 days of such determination. If the waiver application is denied, then the entity shall cease the provision of professional services as defined in section 6503-b of the Education Law. The determination of the department shall be final, and a copy thereof shall be forwarded to the applicant.

(g) Waiver certificates.

(1) An entity that has been issued a waiver under this section shall apply for a waiver certificate for each setting at which the entity provides professional services in New York.

(2) The application for additional certificates may be made as part of the initial application for a waiver or after the department has approved the entity for a waiver under section 6503-b of the Education Law.

(3) Each waiver certificate shall display the name of the entity and the address of the site.

(4) Any entity that willfully fails to obtain a certificate of waiver for each site and/or to display the waiver certificate at each site shall be subject to the penalties set forth in section 6511 of the Education Law.

(5) An entity with an approved waiver may apply, on a form prescribed by the commissioner, to amend the waiver to add additional professional services.

(h) Notification of changes.

(1) 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 department at least 30 days prior to relocation.

(2) An entity that is issued a waiver pursuant to section 6503-b of the Education Law shall notify the department within 60 days of other changes in the information supplied to the department, including but not limited to a change in the:

(i) name and terms of officers or directors;

(ii) site(s) at which professional services are provided;

(iii) person responsible for filing the waiver application on behalf of the entity or the contact information for such person; and/or

(iv) a transfer or assignment of interest as set forth in subdivision (i) of this section, provided that the entity shall notify the department immediately of such change. Notification shall be made in a form prescribed by the department.

(i) Transfer or assignment of waiver. A waiver issued by the department pursuant to section 6503-b of the Education Law shall not be transferable or assignable. For purposes of this section, a transfer or assignment shall mean the conveyance of a waiver under this section from one entity to another entity by any means, including but not limited to a merger, consolidation, or a change in control of the entity.

(j) Triennial application. A waiver issued pursuant to this section shall be valid for three years. An entity that is issued a waiver pursuant to this section shall submit to the department for review an application for renewal of the waiver every three years with the triennial registration fee of $260, or a prorated portion thereof, as determined by the department.

(k) 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 89 of the Education Law and the provisions of this Title implementing such article or termination of the early intervention agency pursuant to title 2-A of article 25 of the Public Health Law and implementing regulations by the commissioner pursuant to section 4403 (18) of the Education Law, the school's or early intervention agency's waiver pursuant to this section shall be deemed revoked and annulled.

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