Sandy Rybaltowski Special Education Policy April 2008 REPORT ON PRESCHOOL EDUCATION

Preschool Special Education in New York State Provision of preschool special education services predated mandates in federal law, currently known as the Individuals with Disabilities Education Act (IDEA) Prior to IDEA, parents petitioned the Family Court in county of residence to receive services (Section 236 of the Family Court Act) County paid for services State reimbursed 50% of the costs

§4410 of the State Education Law Enacted for compliance with IDEA Local school districts responsible for services to preschool students with disabilities (ages three and four) Students referred to local school districts through the Committee on Preschool Special Education (CPSE). Parents select evaluator from state-approved list Individualized Education Program (IEP) developed for eligible children

Programs and Services Preschool students with disabilities may receive:  Related services only (RSO) and/or  Special Education Itinerant Teacher (SEIT) services, or  Special Classes integrated or self-contained half or full day  Transportation

Program Aspects SED  Maintains a list of approved programs  Oversees an application and approval process  Establishes tuition rates pending DOB approval for all approved programs Most approved programs operated by private providers; few by public school districts or BOCES (Board of Cooperative Educational Services) Related services- district selects from county list; reimbursement at county rate County responsible for bidding transportation

Most frequently recommended related services:  Speech therapy  Occupational therapy  Physical therapy  Counseling Approximately 80,400 students with disabilities are served Counties pay initial costs State reimbursement provided at rate of 59.5% on a lag basis Total costs of program (state and county) is $832 million (’05-’06)

The Governor’s Temporary Task Force on Preschool Special Education Established in law by the Legislature 15 members appointed by Governor  School districts  Providers  Counties  State agencies Co-chaired by the Education Department and the Division of Budget

The Task Force Report Two sets of recommendations: Primary- Highest priority Secondary- Important, lesser priority Each recommendation includes  A rationale- historical context and relevant facts  Strategies  Implementation Issues

Primary Recommendation Training Enhance the knowledge and skills of Committee on Preschool Special Education (CPSE) members, program providers, and parents to facilitate transition from Early Intervention (EI) to preschool, and increase meaningful participation and ensure consistency in decision making regarding preschool eligibility and service options.

Primary Recommendation Universal Pre-Kindergarten Encourage development of Universal Prekindergarten (UPK) for three- and four- year-olds across NYS to increase the availability of integrated settings and promote earlier connections between preschoolers with disabilities and their school districts.

Primary Recommendation School District Responsibility Focus the preschool decision making and service delivery processes with school districts since they have the federal and State responsibility for ensuring the provision of special education services. This will facilitate accountability and oversight of the preschool system by school districts and the transition between preschool and school age.

Primary Recommendation Rate-Setting Establish a new rate-setting methodology, using principles already being practiced by other service systems in NYS, to promote greater predictability and improved timeliness.

Secondary Recommendation Continuum of Services Ensure that the continuum of preschool services includes the flexibility needed to meet individual students’ needs in a cost- effective manner and is applied consistently across districts and programs, including access to educationally necessary July and August services for students transitioning from EI or newly entering the preschool delivery system.

Secondary Recommendation Least Restrictive Environment Increase opportunities for children with disabilities to be served in any early childhood setting by promoting consistent learning standards, improving pre-service and in-service of early childhood service providers, and encouraging collaborative relationships between approved preschool providers (4410) and other early childhood service providers.

Secondary Recommendation Transition Enable continuity of provider services from EI to preschool special education system where appropriate to children’s needs.

Secondary Recommendation Transportation Reduce the high costs for transportation within the preschool system and avoid costs exceeding maximum allowable reimbursement rates.

Secondary Recommendation Accountability Improve mechanisms for tracking progress and child outcomes across EI and preschool systems in order to increase comparability between EI and preschool measures, predict future system needs, evaluate impact of EI and preschool services on future performance, and provide system oversight, especially with regard to timeliness of referral, eligibility determinations, and service delivery.

Next Steps The Department will move forward on activities to advance Task Force Recommendations The following chart “Strategies to Implement Task Force Recommendations” identifies a number of actions to be addressed by SED: VESID, OMS, EMSC, and/or other state agencies The chart identifies actions that will require statutory change by the Legislature

StrategyVESIDOMSEMSC Requires Statutory Change Other Agencies Develop CPSE curricula and conduct training X Update and disseminate publications: Parent Handbook and Guide for Determining Eligibility X Collaborate with SUNY Center for Autism and Related Disabilities X Review continuum of services X New Model/intensive behavioral assessment and intervention X Improve assessment instruments X Collaborate with DOH re: Assessing children’s progress XX Coordinate Individual Student Data Systems between DOH/SED XXX Encourage full-day, Integrated UPK with 3 year olds X Use UPK funds to serve greater number of children with disabilities X Use Pre-K standards across early education settings XXX Establish rate-setting workgroup to develop and implement recommended methodology modifications XXX Revise state aid formula to cap county costs and make future additional costs the responsibility of state and/or districts XX Increase school district responsibility for conducting or contracting for evaluations X Maximize other payment sources XX Fund study of transportation delivery systems X Strategies to Implement Task Force Recommendations