What's happening
This bill establishes a new reimbursement method for preschool special education services and updates reporting requirements on program needs and effectiveness.
Why it matters
Shifts funding approach for preschool special education. By requiring the state to create an "alternative methodology" for reimbursing approved preschool special education services, the bill could significantly change how providers receive funding—potentially impacting service availability, provider stability, and administrative processes.
Increases state oversight and flexibility. The Commissioner of Education, with approval from the budget director, will have the authority to design and propose the new reimbursement method. This could allow for more targeted or innovative funding models, but also raises questions about transparency, accountability, and stakeholder input.
Expands and updates reporting on program needs and effectiveness. The bill pushes the deadline for a major report evaluating the impact of the moratorium on certain preschool special education programs and broadens its required content. This means policymakers and the public will get more comprehensive, current information on program availability, projected needs, transportation issues, cost-effectiveness, and services for children with autism, which could shape future reforms.
Potential to influence access and quality of services. By updating both funding and reporting mechanisms, the bill could affect how quickly and effectively children with disabilities get the services they need, and whether resources are allocated to the most effective and inclusive programs.
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Who cares
Headline styles
Change Special Ed Funding Rules
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Recommit, enacting clause stricken
- Referred to education
- Referred to education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5237
2017-2018 Regular Sessions
IN SENATE
March 16, 2017
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to reimbursement for special education services and programs for preschool children with handicapping conditions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (i) of paragraph a of subdivision 10 of section 4410 of the education law is amended by adding a new clause (D) to read as follows:
(D) Notwithstanding any other provision of law, rule or regulation to the contrary, commencing with the two thousand seventeen--two thousand eighteen school year, for approved services or programs provided to preschool children pursuant to this section reimbursment for such services shall be made based on an alternative methodology for reimbursement to be established by the commissioner. The alternative methodology, subject to the approval of the director of the budget, shall be proposed by the department no later than August thirty-first, two thousand seventeen.
§ 2. Subparagraph (iii) of paragraph a of subdivision 9 of section 4410 of the education law, as amended by section 57-a of part H of chapter 83 of the laws of 2002, is amended to read as follows:
(iii) Commencing July first, nineteen hundred ninety-six and continuing through June thirtieth, two thousand three, a moratorium on the approval of any new or expanded programs in settings which include only preschool children with disabilities is established. Exceptions shall be made for cases in which school districts document a critical need for a new or expanded program in a setting which includes only preschool children with disabilities, to meet the projected demand for services for preschool children in the least restrictive environment. Applications for new or expanded programs may be made directly to the state education
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10535-01-7
S. 5237 2
department. Nothing herein shall prohibit the commissioner from approving the modification of a full-day program into half-day sessions.
Commencing July 1, 1999 the department shall only approve any new or expanded programs in settings which include only preschool children with disabilities, if the applicant can document a critical need for a new or expanded program in a setting which includes only preschool children with disabilities to meet the projected demand for services for preschool children in the least restrictive environment. If the department determines that approval will not be granted, it must notify the applicant, in writing, of its reasons for not granting such approval. The department shall establish guidelines, within 90 days of the effective date of this section which shall state the criteria used to determine if the applicant has demonstrated such a critical need. The department is authorized to consult with the local school district to verify any data submitted.
On [December 1, 2003] January 1, 2018 the commissioner shall submit a report to the board of regents, the majority leader of the senate, the speaker of the assembly and governor evaluating the impact of such moratorium on the availability of preschool special education services. The report shall include: (i) information regarding the number of applications for new programs and program expansions and the disposition of those applications by the commissioner; (ii) an assessment of the projected need for additional classes serving only disabled children and those serving disabled children with their non-disabled peers and in other less restrictive settings; (iii) an assessment of the projected need for additional programs due to program closings in the region, number of children receiving early intervention services and existing waiting lists; (iv) an assessment of the distance that children must be transported to receive preschool special education services; (v) an evaluation of the programmatic performance and cost-effectiveness of existing programs; (vi) recommendations regarding ways in which improved quality and cost-effectiveness could be achieved through the selective expansion of effective programs and/or the curtailment of less effective programs; and (vii) an assessment of the availability and effectiveness of approved programs providing services to preschool children with autism.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to reimbursement for special education services and programs for preschool children with handicapping conditions
Purpose
This bill would require the Department of Education to reassess the reimbursement rate for special education preschool programs.
Summary of provisions
Section 1 of the bill amends the Education law to require the Department of Education to create an alternative methodology for the 2017-18 school year for the funding of special education preschool services, subject to the approval of the Director of the Budget.
Section 2 requires the Department of Education to report on the availability of services for the special education preschool population.
Justification
Programs that provide special education preschool services in New York State have gone years without proper funding. The State needs to ensure that the reimbursement rates for these services adequately reflect the costs for providing the services.
Prior legislative history
New Bill.
Effective date
This bill shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.