Relates to special education services and programs for preschool children with disabilities

Summary of provisions

Section 1 of the bill amends Subdivision 4 of Section 4410 of the Educa- tion Law to establish that if a committee on preschool education recom- mends placing a child in an approved program for preschool children with disabilities if such program had previously conducted an evaluation of such child, the committee shall indicate in writing that such placement is an appropriate one for the child.

Section 2 of the bill amends Subdivision 9 of Section 4410 of the Educa- tion Law to require a provider of special education services or programs to certify as part of its application that its executive director or person performing the duties of a chief executive officer: (i) meets the criteria to be an executive director established by the Commissioner of Education; and (ii) if paid as a full time executive director, he or she is employed in a full time, full year position and shall not engage in activity that would interfere with or impair such executive director's ability to carry out and perform his or her duties, responsibilities and obligations.

Section 3 of this bill adds a new Section 4410-c of the Education Law requiring the Comptroller, within such funds as are made available for such purpose, to audit the expenses reported to the Department of Educa- tion by every special education services program provider for preschool children with disabilities in this state. Pursuant to a plan developed by the Comptroller, such audits shall be conducted in a manner as to cause every provider to be audited by the Comptroller at least once by March 31, 2018.

Section 4 of this bill directs the Commissioner of Education to prepare a comprehensive study of alternative systems of reimbursement methodol- ogies and monitoring protocols for the tuition and maintenance compo- nents of special education services programs for preschool children with disabilities.

The results of the study shall be published no later than one year following the effective date of this act and shall be submitted to the Governor, the State Comptroller, the Temporary President of the Senate and the Speaker of the Assembly.

Section 5 of the bill provides that this act shall take effect imme- diately; provided, however, that sections 1 and 2 of this act shall take effect on the ninetieth day after it shall have become a law.

Legislative history

New bill.

Justification

New York State needs to strengthen the oversight of the providers of publicly funded special education services to preschool children, and improve transparency and accountability in the administration of these services. Audits of such providers by the Office of the State Comp- troller have revealed widespread fraud and abuse. Such abuse deprives children with special education needs of the public resources intended for them and threatens the existence of these special education programs. The frequency of these audits needs to be increased. This legislation would require the Comptroller to audit the expenses reported to the Department of Education by every special education services program provider for preschool children with disabilities in this state at least once by March 31, 2018.

Preschool special education programs require and deserve the full time and attention of their executive directors. Audits have questioned the work products of absentee executive directors and/or identified redun- dant costs for executive direction. This bill would require a provider to certify that it meets certain criteria.

Additionally, audits by the Comptroller have revealed the potential for conflicts of interest when the program provider that performs the assessment of a student with special education needs then places the child with its own program. An audit determined that 83 percent of selected preschool children were placed in programs of providers who also evaluated the children. Before placing a child in a program that has performed an assessment of a student with special education needs, this bill would require the committee to indicate in writing that such placement is most appropriate for the child.

Finally, there are many inequities in the current system of funding special education services program providers for preschool children with disabilities. To possibly remedy these inequities, this legislation would direct the Department of Education to study alternative systems of reimbursement methodologies and monitoring protocols for the tuition and maintenance components of special education services programs for preschool children with disabilities.

These problems and potential problems should be remedied so that taxpay- er dollars are spent appropriately on the children in need of such services.

The Comptroller urges passage of this legislation.

Fiscal implications

Savings to State and local taxpayers.

Effective date

This act shall take effect immediately; provided, however, that sections 1 and 2 of this act shall take effect on the ninetieth day after it shall have become a law.