In 2011, laws added to the NYS Education Law authorized the Office of the Professions to issue waivers to special education schools (“schools”) and early intervention agencies (“agencies”) to enable them to employ licensed professionals or contract with licensees or professional business entities to provide certain professional services (PT, OT, ST, Counselling, etc.) to children in need of such services. Absent such a waiver, employment or contracting for professional services in most licensed professions would conflict with restrictions on corporate practice under Title VIII of the Education Law. The law allowed schools approved by the State Education Department and agencies approved by the Department of Health that are currently providing professional services to continue to do so until July 1, 2013 at which point a waiver needed to be received by the schools and agencies, which must be renewed every three years.
All Special Education Schools and Early Intervention Agencies that have been issued a waiver should be on alert for a renewal notice from the NYS Office of the Professions to register and pay the triennial fee to continue to provide professional services. Further, all waiver recipients should confirm their current address with NYSED to ensure proper receipt of the renewal notice. Instructions for completing and submitting the forms required for the waiver can be found at the following link http://www.op.nysed.gov/waiver-ei-info.htm
Albert Borghese, CPA