S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          739
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
         printed to be committed 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
       S. 739                              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.