BILL NUMBER: S5612
SPONSOR: ADDABBO
 
TITLE OF BILL:
An act to amend the education law, in relation to authorizing occupa-
tional therapy services to be provided in school to certain students
 
PURPOSE:
At a time when children are facing increased challenges in mental health
development our educational systems need to engage all available profes-
sionals in the school setting to address our children's needs. That
should include a more extensive utilization of occupational therapists.
It is an essential time in the development of primary and secondary
education in our communities to further advance the effective utiliza-
tion of occupational therapists as a valuable member of the education
team.
 
SUMMARY OF PROVISIONS:
This bill authorizes and directs the commissioner of education to amend
the regulations of the commissioner regarding pupil personnel services
for the purpose of adding the licensed occupational therapist. The
commissioner shall establish the education, work experience and required
study for qualifications as a school occupational therapist.
Section 2.
The commissioner shall further be directed to develop a guidance docu-
ment for school districts on the services that occupational therapists
may provide within their scope of practice, and further more such
services shall include early intervening services and mental health
related services.
Section 3 establishes the effective date.
 
JUSTIFICATION:
At present, occupational therapists practicing in primary and secondary
educational settings are not classified as teacher or pupil personnel
service. Many of occupational therapy services in schools are provided
through School Supportive Health Services Program (SSHSP or SSHP). In
1988 an amendment to the Social Security Act provided statutory authori-
ty for Medicaid coverage of medically necessary services included in the
Individualized Education Programs (IEPs) of students with disabilities.
New York State began its SSHSP, State Plan Amendment (SPA) 92-42. The
SSHSP enables school districts and counties to obtain Medicaid
reimbursement for certain diagnostic and health support services
provided to students with disabilities. Other professions, including
school attendance teacher, school counselor, school dental hygiene
teacher, school nurse-teacher, school psychologist and school social
worker are certified under "pupil personnel service." Whereas, the year
2025 marks the fiftieth anniversary of the enactment of the federal
Education for All Handicapped Children Act. In 1990, the Act was amended
and renamed the Individuals with Disabilities Education Act. And where-
as, occupational therapy is a related service under Part B of IDEA and a
pupil service under Elementary and Secondary Education Act (also known
as No Child Left Behind), occupational therapists collaborate on school
teams to promote the physical, communication, cognitive, adaptive, and
social-emotional domains of children and youth not only for children in
special education but also for children in the general education class-
room.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

Statutes affected:
S5612: 912 education law, 305 education law