Authorizes certified school psychologists to participate in the certification of certain persons as intellectually disabled or developmentally disabled

Summary

Authorizes certified school psychologists to participate in the certification of certain persons as intellectually disabled or developmentally disabled; makes technical corrections to language.

Summary from NY Open Legislation. How we handle summaries

Purpose, from the sponsor's memo

Section 1. Subdivisions 1 and 2 of section 1750 of the surrogate's court procedure act, as amended by chapter 198 of the laws of 2016, are amended to read as follows: 1. For the purposes of article, a person who is intellectually disabled is a person who has been certified by one licensed physician and one licensed psychologist, one licensed physician and one certified school psychologist, or by two licensed physicians at least one of whom is familiar with or has professional knowledge in the care and treatment of persons with an intellectual disability, having qualifications to make sure certification, as being incapable to manage HIM OR HERSELF AND/OR HIS OR HER themselves and/or their affairs by reason of intellectual disability and that such condition is (permanent in nature or likely to continue indefinitely. 2. Every such certification pursuant to subdivision one of this section, made on or after the effective date of this subdivision, shall include a specific determination by such physician and psychologist, such physi- cian and such certified school psychologist, or by such physicians, as to whether the person who is intellectually disabled has the capacity to make health care decisions, as defined by subdivision three of section twenty-nine hundred eighty of the public health law, for (himself or herself) themself. § 2. Subdivisions 1 and 2 of section 1750-a of the surrogate's court procedure act, as amended by chapter 198 of the laws of 2016, are amended to read as follows: 1. When it appears to the satisfaction of the court that a person is a person who is developmentally disabled, the court is authorized to appoint a guardian of the person or of the property or of both if such appointment of a guardian or guardians is in the best interest of the person who is developmentally disabled. The purpose of this article, a person who is developmentally disabled is a person who has been certi- fied by one licensed physician and one licensed psychologist, one licensed physician and one certified school psychologist, or by two licensed physicians at least one of whom is familiar with or has profes- sional knowledge in the care and treatment of persons with developmental disabilities, having qualifications to make such certification, as having an impaired ability to understand and appreciate the nature and consequences of decisions which result in such person being incapable of managing (himself or herself and/or his or her') themselves and/or their affairs by reason of developmental disability and that such condition is permanent in nature or likely to continue indefinitely, and whose disa- bility: (a) Is attributable to cerebral palsy, epilepsy, neurological impair- ment, autism or traumatic head injury; (b) Is attributable to any other condition of a person found to be closely related to intellectual disability because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of persons with intellectual disabilities; or (c) Is attributable to dyslexia resulting from a disability described in (subdivision one) paragraph (a) or (two) (b) of this (section) subdivi- sion or from intellectual disability; and (d) Originates before such person attains age twenty-two , provided, however, that no such age of origination shall apply for the purposes of this article to a person with traumatic head injury. 2. Notwithstanding any provision of law to the contrary for the purposes of subdivision two of section seventeen hundred fifty and section seven- teen hundred fifty-b of this article, (") any reference made to a person who is intellectually disabled (and his r her) and/or such person's guardian(") shat (also) mean or include a person (and his or he) and/or such person's guardian appointed pursuant to this section; provided that such person has been certified, by the physicians (and/or psychologists) or by the physician and the psychologist or the certified school psychologist, as s

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed the legislature and is awaiting a signature.

Judiciary · New York State Assembly

Also referred to Judiciary · New York State Senate.

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Cosponsors

Recorded votes

• Vote: Floor vote

  NY SenateMay 13, 2026Result: passed

  Voted yes (41)Voted no (19)Voted present (0)Absent (3)

  See member positions for the vote on May 13, 2026 (Floor vote)

• Vote: Committee vote · Judiciary

  Senate JudiciaryMay 5, 2026Result: passed

  Voted yes (14)Voted no (5)Voted present (0)Absent (0)

  See member positions for the vote on May 5, 2026 (Committee vote · Judiciary)

• Vote: Floor vote

  NY SenateJun 5, 2025Result: passed

  Voted yes (40)Voted no (20)Voted present (0)Absent (3)

  See member positions for the vote on Jun 5, 2025 (Floor vote)

• Vote: Committee vote · Judiciary

  Senate JudiciaryMay 12, 2025Result: passed

  Voted yes (17)Voted no (1)Voted present (0)Absent (1)

  See member positions for the vote on May 12, 2025 (Committee vote · Judiciary)

Full history

1. Jun 5, 2026

   Ordered to Third Reading Rules CAL.566

   ORDERED TO THIRD READING RULES CAL.566

   NY Assembly

2. Jun 5, 2026

   Passed a chamber

   PASSED ASSEMBLY

   NY Assembly

3. Jun 5, 2026

   Reported out of committee

   REPORTED REFERRED TO RULES

   NY Assembly

4. Jun 5, 2026

   Substituted

   SUBSTITUTED FOR A8514

   NY Assembly

5. Jun 4, 2026

   Reference Changed to Ways and Means

   REFERENCE CHANGED TO WAYS AND MEANS

   NY Assembly

Read the record

• Read on NY Senate (opens in a new tab) The official record on nysenate.gov.