S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1727
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of  A.  ZEBROWSKI,  JAFFEE,  MONTESANO, McDONOUGH --
         Multi-Sponsored by -- M. of A. MOSLEY, PERRY, RIVERA,  STECK  --  read
         once and referred to the Committee on Education
       AN  ACT  to  amend  the  education law, in relation to requiring private
         schools to provide to the commissioner of education  copies  of  their
         current  certificate  of  occupancy and most recent fire safety report
         prior to receipt of apportionment funds or a  Basis  Educational  Data
         System code
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The education law is amended by adding a new section 409-l
    2  to read as follows:
    3    S 409-L. NON-PUBLIC SCHOOL BUILDING REQUIREMENTS IN RELATION TO HEALTH
    4  AND SAFETY. 1. PRIOR TO THE ISSUANCE OF A BASIS EDUCATIONAL DATA  SYSTEM
    5  (BEDS)  CODE  TO  A  NON-PUBLIC  SCHOOL,  THE NON-PUBLIC SCHOOL SHALL BE
    6  REQUIRED TO SUBMIT TO THE COMMISSIONER, AT MINIMUM, VALID COPIES OF  THE
    7  FOLLOWING:
    8    (A) A CERTIFICATE OF INCORPORATION OR A CHARTER ISSUED BY THE BOARD OF
    9  REGENTS;
   10    (B)  A  CURRENT CERTIFICATE OF OCCUPANCY AND USE ISSUED BY THE MUNICI-
   11  PALITY WHERE THE SCHOOL BUILDINGS ARE LOCATED;
   12    (C) A RECENT FIRE INSPECTION COMPLETED BY AN ELIGIBLE AUTHORITY PURSU-
   13  ANT TO SUBDIVISION THREE OF SECTION EIGHT HUNDRED SEVEN-A OF THIS TITLE;
   14    (D) A STATEMENT OF THE MAXIMUM CAPACITY OF THE BUILDING BEING USED FOR
   15  EDUCATIONAL PURPOSES AS SET BY THE LOCAL GOVERNMENT; AND
   16    (E) A LIST OF ADDITIONAL OCCUPANTS AT  THE  SAME  ADDRESS  THAT  IS  A
   17  REGISTERED NON-PUBLIC SCHOOL.
   18    2. NOTHING IN THIS SECTION SHALL LIMIT THE COMMISSIONER'S AUTHORITY TO
   19  REQUIRE  ADDITIONAL  DOCUMENTATION  FROM  NON-PUBLIC  SCHOOLS  AS DEEMED
   20  NECESSARY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02970-01-5
       A. 1727                             2
    1    3. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, ALL  NON-
    2  PUBLIC  SCHOOLS  THAT  CURRENTLY  HAVE  A  BASIS EDUCATIONAL DATA SYSTEM
    3  (BEDS) CODE REGARDLESS OF WHEN IT WAS FIRST  ISSUED  SHALL  PROVIDE  THE
    4  VALID COPIES OF THE ITEMS PURSUANT TO SUBDIVISION ONE OF THIS SECTION TO
    5  THE  DEPARTMENT.  A FAILURE TO PROVIDE THESE DOCUMENTS BY DECEMBER THIR-
    6  TY-FIRST, TWO THOUSAND FIFTEEN WILL  RESULT  IN  REIMBURSEMENTS  TO  THE
    7  NON-PUBLIC SCHOOL BEING WITHHELD AND IF NOT RECEIVED WITHIN NINETY DAYS,
    8  AT THE DISCRETION OF THE COMMISSIONER, CAN RESULT IN A REVOCATION OF THE
    9  SCHOOL'S  BASIS  EDUCATIONAL  DATA SYSTEM (BEDS) CODE, PROVIDED THAT THE
   10  NON-PUBLIC SCHOOL IS AFFORDED THE RIGHT TO BE HEARD BY THE COMMISSIONER.
   11    S 2. This act shall take effect immediately.