STATE OF NEW YORK ________________________________________________________________________ 2949 2023-2024 Regular Sessions IN ASSEMBLY February 1, 2023 ___________ Introduced by M. of A. ZEBROWSKI -- 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 Basic 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-n 2 to read as follows: 3 § 409-n. Non-public school building requirements in relation to health 4 and safety. 1. Prior to the issuance of a Basic Educational Data System 5 (BEDS) code to a non-public school and annually thereafter, the non- 6 public school shall be required to submit to the commissioner, at mini- 7 mum, valid copies of the 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. 21 3. On or before December thirty-first, two thousand twenty-four, all 22 non-public schools that currently have a Basic Educational Data System EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07001-01-3A. 2949 2 1 (BEDS) code regardless of when it was first issued shall provide the 2 department with valid copies of the items pursuant to subdivision one of 3 this section as part of an annual recertification. A failure to provide 4 these documents by December thirty-first, two thousand twenty-four and 5 each year thereafter will result in reimbursements to the non-public 6 school being withheld and if not received within ninety days, at the 7 discretion of the commissioner, can result in a revocation of the 8 school's Basic Educational Data System (BEDS) code, provided that the 9 non-public school is afforded the right to be heard by the commissioner. 10 § 2. This act shall take effect immediately.