(a) consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, the review and evaluation of the backgrounds of and the information supplied by any person applying to be an employee, a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references, and relevant experiential and educational qualifications and, sign a sworn statement indicating whether the applicant, to the best of his or her knowledge has ever been convicted of a crime in this state or any other jurisdiction;

(b) establishing, for employees, relevant minimal experiential and educational qualifications, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law;

(c) assuring adequate and appropriate supervision of employees, volunteers and consultants;

(d) demonstrating by a residential facility or program that appropriate action is taken to assure the safety of the child who is alleged to have been subjected to a reportable incident in a report to the vulnerable persons' central register in accordance with section four hundred ninety-two of the social services law as well as other children in care, immediately upon notification that such a report of an allegation of a reportable incident has been made with respect to a child in such residential facility or program;

(e) removing a child when it is determined that there is risk to such child if he or she continues to remain within a residential facility or program; and

(f) appropriate preventive and remedial action to be taken including legal actions, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law. Such standards shall also establish as a priority requirements that:

(A) subject to amounts appropriated therefor, administrators, employees, volunteers and consultants receive training in at least the following: child abuse prevention and identification, safety and security procedures, the principles of child development, the characteristics of children in care, and techniques of group and child management including crisis intervention, the laws, regulations and procedures governing the protection of children from reportable incidents, and other appropriate topics, provided however, that the department may exempt administrators and consultants from such requirements upon demonstration of substantially equivalent knowledge or experience; and

(B) subject to the amounts appropriated therefor, children receive instruction, consistent with their age, needs and circumstances as well as the needs and circumstances within the program, in techniques and procedures which will enable such children to advocate for and protect themselves from reportable incidents. The department shall take all reasonable and necessary actions to assure that employees, volunteers and consultants in residential facilities and programs are kept apprised on a current basis of all department policies and procedures relating to the protection of children from reportable incidents and shall monitor and supervise the provision of training to such administrators, employees, volunteers, children and consultants. Regulations and standards developed pursuant to this subdivision shall, to the extent possible, be consistent with those promulgated by other state agencies for such purposes.

(g) consistent with applicable collective bargaining agreements, assuring that an individual who has committed a category one offense, as defined in paragraph (a) of subdivision four of section four hundred ninety-three of the social services law, that is included on the vulnerable persons' central register is not hired or otherwise used in any position in which such individual would have regular and substantial contact with a service recipient in any program described in paragraph (e) of subdivision four of section four hundred eighty-eight of the social services law. 12. To provide for the development and implementation of a plan of prevention and remediation with respect to a substantiated report of abuse or neglect. Such action shall include: (a) within ten days of receipt of such a substantiated report, development and implementation of a plan of prevention and remediation to be taken with respect to a custodian or the residential facility in order to assure the continued health and safety of children and to provide for the prevention of future acts constituting reportable incidents; and (b) development and implementation of a plan of prevention and remediation, in the event an investigation of an allegation of abuse or neglect determines that a preponderance of the evidence of such allegation exists and such substantiated allegation may be attributed in whole or in part to noncompliance by the residential facility or program with provisions of this chapter or regulations of the department applicable to the operation of such residential facility or program. Any plan of prevention and remediation required to be developed pursuant to this subdivision by a facility supervised by the department shall be submitted to and approved by the department in accordance with time limits established by regulations of the department. Implementation of the plan shall be monitored by the department. In reviewing the continued qualifications of a residential facility or program for an operating certificate, the department shall evaluate such facility's compliance with plans of prevention and remediation developed and implemented pursuant to this subdivision. 13. To provide technical assistance to school districts for appropriate evaluation and assessment. 14. To provide technical assistance to school districts to assist in the adaptation of curriculum for the instruction of children with handicapping conditions. 15. To provide technical assistance to school districts to assist in developing criteria for placement in special education and criteria for reviewing the ability of a pupil to participate in regular education. 16. Commencing with the nineteen hundred eighty-seven--eighty-eight school year, to provide for instruction during the months of July and August of students with handicapping conditions who have received state appointments pursuant to article eighty-five, eighty-seven or eighty-eight of this chapter and whose handicapping conditions, in the judgment of the commissioner, are severe enough to exhibit the need for a structured learning environment of twelve months duration to maintain developmental levels, by making such appointments for twelve months; provided that the initial term of appointment of a student with a handicapping condition who is the minimum age eligible for such a state appointment shall not commence during the months of July or August. 18. To establish guidelines for determining when a child is at risk of a future placement in a residential school, and for the provision by committees on special education of information to parents and other persons in parental relationship concerning the availability of community support services to meet the needs of the family. The guidelines shall be developed by the department after consultation with the office of mental health, the office for people with developmental disabilities, the office of alcoholism and substance abuse services, the department of health, the department of social services and the division for youth. * 19. To adopt regulations prescribing the state complaint procedures pursuant to sections 300.151 through 300.153 of title thirty-four of the code of federal regulations, where an individual or organization files a written complaint alleging that a public agency has violated part B of the individuals with disabilities education act. Such regulations shall include, but not be limited to, remedies for denial of appropriate services, including, as appropriate, the awarding of monetary reimbursement, compensatory services or other corrective action appropriate to the needs of the child. * NB Effective until June 30, 2021 * 20. To adopt regulations prescribing the state complaint procedures pursuant to sections 300.660 through 300.662 of title thirty-four of the code of federal regulations, where an individual or organization files a written complaint alleging that a public agency has violated part B of the individuals with disabilities education act. Such regulations shall include, but not be limited to, remedies for denial of appropriate services, including, as appropriate, the awarding of monetary reimbursement or other corrective action appropriate to the needs of the child. * NB Effective June 30, 2021 21. (a) To require special act school districts listed in chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, as amended, to provide, on an annual basis or more frequently, as needed, enrollment reports, including current and projected enrollments, proposed budgets and any financial information the commissioner deems appropriate, which shall include, but not be limited to, outstanding revenue anticipation notes as defined in paragraph (a) of subdivision one of section fifty-five of the state finance law, balance owed to employee benefit systems, outstanding bonds, lease costs, and any other debts to monitor the fiscal stability of special act school districts.

(b) Upon receiving the information identified in paragraph (a) of this subdivision, the department shall determine if any special act district is in need of financial guidance and assistance upon a comprehensive review of such information provided. Upon a determination that a special act district is in need of financial guidance and assistance, the department shall, as soon as practicable, provide the district with specific recommendations to improve the special act district's financial standing in the short and long-term.