New York Senate Bill S05612

New York 2025-2026 Regular Session

• Introduced: 2/25/25
• Refer: 2/25/25
• Refer: 1/7/26

Caption

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.

Summary

S05612 would amend the Education Law to expressly authorize school districts, including the New York City school district, to provide occupational therapy services to students in pre-kindergarten through grade 12 whose occupational impairments do not rise to the level of a special education disability but still create barriers to functioning at home or in the community. The bill defines occupational therapy services broadly to include screening, evaluation, consultation, treatment, and other interventions delivered by licensed occupational therapists or occupational therapy assistants. The measure also directs the Commissioner of Education to issue guidance to school districts on providing these services, including information on early intervening services and mental health-related services, and to update regulations governing pupil personnel services. The commissioner would be required to establish additional rules for school occupational therapists, including standards for education, work experience, and required study. The bill further clarifies that students whose occupational impairments do adversely affect educational performance should be referred to the committee on special education under existing special education law.

Impact

The bill would expand the list of health and welfare services that school districts may provide to nonpublic school students under section 912 of the Education Law by adding school occupational therapists to the enumerated providers. It would also create a new section 912-c authorizing districts to offer occupational therapy services to students with non-educational occupational impairments, while preserving the existing special education referral process for students whose impairments affect educational performance. In practice, the bill would affect school districts, the New York City school district, occupational therapists and assistants, students in grades pre-K through 12, and families seeking school-based support for functional needs outside the classroom.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the overall sentiment appears supportive and administrative rather than contentious. The bill is framed as a service expansion and clarification of school authority, with a focus on early intervention and guidance from the Education Department. No opposition, amendments, or recorded roll-call votes are included in the available context.

Contention

The main policy distinction in the bill is between occupational impairments that do not adversely affect educational performance and those that do. Supporters are likely to view the measure as a way to provide earlier, school-based support for students whose needs show up at home or in the community, while preserving referral to special education when academic impact is present. Potential points of contention could include the scope of services schools may provide, the costs and staffing implications for districts, and how the new occupational therapy services would interact with existing special education and pupil personnel frameworks. However, no specific objections or opposing viewpoints are reflected in the provided record.