S 5612: Authorizes occupational therapy services to be provided in school to students in grades pre-kindergarten through twelve with occupational impairments of a severity that does not adversely affect the student's educational performance but does present a barrier to functioning at home or in the community; directs the commissioner to promulgate rules and regulations for the provision of such occupational therapy services.

  
  STATE OF NEW YORK ________________________________________________________________________ 5612 2025-2026 Regular Sessions  IN SENATE February 25, 2025 ___________ Introduced by Sen. ADDABBO -- 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 authorizing occupa- tional therapy services to be provided in school to certain students The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 912 of the education law, as amended by chapter 477 2 of the laws of 2004, is amended to read as follows: 3 § 912. Health and welfare services to all children. The voters and/or 4 trustees or board of education of every school district shall, upon 5 request of the authorities of a school other than public, provide resi- 6 dent children who attend such school with any or all of the health and 7 welfare services and facilities which are made available by such voters 8 and/or trustees or board of education to or for children attending the 9 public schools of the district. Such services may include, but are not 10 limited to all services performed by a physician, physician assistant, 11 dentist, dental hygienist, registered professional nurse, nurse practi- 12 tioner, school psychologist, school social worker [or], school speech 13 therapist, or school occupational therapist, and may also include dental 14 prophylaxis, vision and hearing screening examinations, the taking of 15 medical histories and the administration of health screening tests, the 16 maintenance of cumulative health records and the administration of emer- 17 gency care programs for ill or injured students. Any such services or 18 facilities shall be so provided notwithstanding any provision of any 19 charter or other provision of law inconsistent herewith. Where children 20 residing in one school district attend a school other than public 21 located in another school district, the school authorities of the 22 district of residence shall contract with the school authorities of the 23 district where such nonpublic school is located, for the provision of 24 such health and welfare services and facilities to such children by the 25 school district where such nonpublic school is located, for a consider- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09210-01-5 
 S. 5612 2 1 ation to be agreed upon between the school authorities of such 2 districts, subject to the approval of the qualified voters of the 3 district of residence when required under the provisions of this chap- 4 ter. Every such contract shall be in writing and in the form prescribed 5 by the commissioner, and before such contract is executed the same shall 6 be submitted for approval to the superintendent of schools having juris- 7 diction over such district of residence and such contract shall not 8 become effective until approved by such superintendent. 9 § 2. The education law is amended by adding a new section 912-c to 10 read as follows: 11 § 912-c. Occupational therapy services. 1. For the purposes of this 12 section, "occupational therapy services" means screening, evaluation, 13 consultation, treatment and other interventions delivered by an occupa- 14 tional therapist, or occupational therapy assistant, licensed under 15 article one hundred fifty-six of this chapter. 16 2. The board of education or trustees of each school district and the 17 city school district of the city of New York may provide occupational 18 therapy services to students in grades pre-kindergarten through twelve 19 with occupational impairments of a severity that does not adversely 20 affect the student's educational performance but does present a barrier 21 to functioning at home or in the community. Any student who is deter- 22 mined to be in need of such occupational therapy services shall receive 23 such therapy upon the recommendation of the building administrator. 24 3. A student, whose occupational impairment adversely affects the 25 student's educational performance shall be referred to the committee on 26 special education for further evaluation and recommendation for special 27 education services and programs pursuant to article eighty-nine of this 28 chapter. 29 § 3. Section 305 of the education law is amended by adding a new 30 subdivision 63 to read as follows: 31 63. a. The commissioner shall issue a guidance memorandum to every 32 school district on the provision of occupational therapy services in 33 schools. Such memorandum shall include guidance on early intervening 34 services and mental health related services and shall provide informa- 35 tion regarding the services that occupational therapists may provide 36 within their scope of practice as a school occupational therapist. 37 b. The commissioner is authorized and directed to amend the regu- 38 lations regarding pupil personnel services to account for the addition 39 of licensed occupational therapists and to promulgate additional rules 40 and regulations for such purpose. Such rules and regulations shall 41 establish the education, work experience and required study for quali- 42 fication as a school occupational therapist. 43 § 4. This act shall take effect on the one hundred twentieth day after 44 it shall have become a law.