« PreviousContinue »
with applicable federal law and regulations, except that a child who is already receiving services under section two hundred thirty-six of the family court act or its successor may, if the parent chooses, continue to be eligible to receive such services through August thirtyfirst of the calendar year in which the child first becomes age-eligible to receive services pursuant to this section.
g. ["Itinerant service" means a related service, as defined in regulations of the commissioner, provided by an appropriately certified or licensed individual,, in conjunction with a program at a facility that has been approved or licensed by an appropriate governmental agency, including but not limited to pre-kindergarten, day care and head start programs; provided, however, that an itinerant service, recommended by the board pursuant to paragraph c of subdivision' five of this section, may include the provision of a special education itinerant service to an eligible preschool child by an appropriately certified or licensed professional in such other location, as provided for pursuant to regulations of the commissioner.
h. ] "Municipality" means a county outside the city of New York or the city of New York in the case of a county contained within the city of New York. [i] 2. Preschool h. "Parent" means parent or person in parental relation.
child" means a child with a handicapping condition as defined in section forty-four hundred one of this article who is first eligible for services as defined in paragraph f of this subdivision but who will not have become five years of age on or before December first of the school year, or a later date if a board establishes such later date for eligibility to attend school. А child shall be deemed, a preschool child through the month of August of the school year in which the child first becomes eligible to attend school pursuant to section thirty-two hundred two of this chapter.
j. "Related services" means those services as defined in paragraph k of subdivision two of section forty-four hundred
of this article provided to a preschool child at a site determined by the board, including but not limited to, an approved or licensed prek indergarten 'or
head start program; the work site of the provider; the child's home; a hospi; tal; a state facility; or a child care location as defined in paragraph a of subdivision eight of this section. If the board determines that documented medical or special needs of the preschool child indicate that the child should not be transported to another site, the child shall be entitled to receive related services in the preschool child's home.
k. "Special education itinerant services" means an approved program provided by a certified special education teacher on an itinerant basis in accordance with the regulations of the commissioner, at a site determined by the board, including but not limited to an approved or licensed prek indergarten head start program; the child's home; a hospital; a state facility; or a child care location as defined in paragraph
of subdivision eight of this section. If the board determines that docụmented medical or special needs of the preschool child indicate that the child should not be transported to another site, the child shall be en; titled to receive special education itinerant services in the preschool child's home. § 4.
The subdivision heading and paragraphs a and d of subdivision 3 of section 4410 of the education law, as added by chapter 243 of the laws of 1989, are amended and a new paragraph f is added to read as follows: [Preschool committee Committee on preschool special education.
Each such board shall establish one or more committees each of which shall be composed of: an appropriate professional employed by the school district; a parent of a child with a handicapping condition who resides in the school district and whose child is enrolled in a preschool or elementary, level education program provided that such parent shall not be employed by or under contract with the school district municipality; professional who participated in the evaluation of the child for whom services pursuant to this section are sought, or in any meeting held to review or reevaluate the status of the preschool child, the child's teacher; and, for a child in transition from programs and services provided pursuant to applicable federal laws, the appropriately licensed or certified professional designated by the
agency that [is] has
been charged with the responsibility for the preschool child pursuant to [title one of public law 99-457, if any) said applicable federal laws. In addition, the chief executive officer of the municipality of the preschool child's residence [may] shall appoint an
Child to s
-y-six c2 200SES,
d irrers certitel: acilis
York 0:3 ne city
certified licensed professional to the committee. Attendance of the appointee of the municipality shall not be required for quorum.
At least five business days prior to a meeting of the committee on preschool special education notice of such meeting, shall be given to each committee member and the parent of the preschool child, in writing by first class mail, postage prepaid, telefacsimile, or by personal service. The professional employed by the school district shall serve as the chairperson of the committee. The appropriately licensed certified professional designated by the agency that has been charged with the responsibility for the preschool child pursuant to applicable federal laws shall attend all meetings of the committee conducted prior to the child's initial receipt of services pursuant to this section. A member of such committee shall be considered as a member of a committee on special education for the purposes
of section thirty-eight hundred eleven of this chapter.
d. The committee shall review, at least annually, the status of each preschool child.
In any meeting held to review or evaluate a preschool child, [the committee shall include the preschool child's parent (and the preschool child's teacher, defined in regulations of the commissioner, as participants) shall be given the opportunity to attend and participate in the meeting. The committee shall permit individuals invited by the parent to be present. To the extent possible, any meeting of the committee shall be held at a site mutually convenient to the members of the committee and the parent of the preschool child, including but not
limited to the work site of the evaluator, the municipal representative on the committee, or the chairperson of the committee. In a city having population of less than two hundred fifty thousand but more than two hundred thousand and in a city having a population of less than one hundred seventy-five thousand but more than one hundred fifty thousand, the chairperson of the committee shall determine the location of the
f. In any meeting of the committee held to review or reevaluate the status of a preschool child, the professional who participated in the evaluation shall, upon the request of the parent or committee, attend and participate at such meeting.
§ 5. Paragraphs a, c, d and e of subdivision 4 of section 4410 of the education law, as added by chapter 243 of the laws of 1989, are amended to read as follows:
The board shall identify each preschool child [thought to have] suspected of having a handicapping condition who resides within the district and, upon referral to the committee shall, with the consent of the parent, provide for an evaluation related to the suspected disability of the child. The board shall make such identification in accordance with regulations of the commissioner.
c. [Each] The documentation of the evaluation shall include all assessment reports and a summary report of the findings of the evaluation
a forin prescribed by the commissioner including a detailed statement of the preschool child''s [individualized educational) individual needs[, if any] [For those children determined to have handicapping conditions, the evaluation] The summary report shall also include [a recommendation as to] the general type,
frequency and duration of special services [that should be provided) and programs needed, if any, and shall address the manner in which the [preschool child) special services and programs can be provided (with instruction) in the least restrictive environment provided, however, that şuch findings shall not make, reference to any specific provider of special services or programs. Nothing shall prohibit
an approved evaluator from reviewing other assessments or evaluations to determine if such assessments or evaluations fulfill the requirements of the regulations of the commissioner,
The approved evaluator shall, following completion of the evaluation, transmit the [statement and recommendation] documentation of the evaluation in English and when necessary, in the dominant language of the parent or other mode of communication used by the parent unless not clearly feasible to do so to all members of the committee and to a person designated by the municipality in which the preschool child resides. Each municipality shall notify the approved evaluators in the geographic area of the person so designated. If, based on the evaluation, the comEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law
mittee finds that a child has a handicapping condition, the committee shall use the [statement and recommendation) documentation of the evaluation to develop an individualized [educational] education program for the preschool child. Nothing herein shall prohibit an approved evaluator from at any time providing the parent with a copy of the [statement and recommendation] documentation of the evaluation provided to the committee.
Prior to the committee meeting, the committee shall provide the parent with a copy of the summary [portion] report of the findings of the evaluation, (which shall include any and all recommendations of the evaluator,] and shall provide the parent with written notice of the opportunity to address the committee in person or in writing. Upon timely request of the parent, the committee shall, prior to meeting, provide a copy of all written documentation to be considered by the committee; provided, however, that such material shall be provided to the parent at any time upon request,
6. Subparagraph (iii) of paragraph a, subparagraph (i) of paragraph b and paragraphs c, d, e, f, and hof subdivision 5 of section 4418 of the education law
added by chapter 243 of the laws of 1989, are amended to read as follows:
(iii), information provided by the appropriate licensed or certified professional designated by the agency that is charged with the responsibility for the child pursuant to [title one of public law 99-457] applicable federal laws, if any.
(i) If the committee determines that the child has a handicapping condition, the committee shall prior to recommending any program, consider
appropriateness of providing related services or special education itinerant services only. The committee shall recommend approved appro; priate services [and appropriate approved program] or special programs. The recommendation shall be based on the findividualized) individual needs of the preschool child. Appropriate services may include [an itinerant service] one or more related services selected from a list maintained by a municipality pursuant to paragraph c of subdivision nine of this section; provided, however, that if the committee recommends [an itinerant service] one or more related services from such list, the committee shall identify the initial location at which such [itinerant] related service will be provided. [If the committee recommends two or more itinerant services, such services shall be provided in conjunction with an approyed, program] Prior to recommending any approved program, the committee shall consider the appropriateness of providing only related services. The committee may recommend placement in a program that uses psychotropic drugs only if the program has written `policy pertaining to such use and the parent is given a copy of such written policy at the time such recommendation is made.
After consideration of the recommendation of the committee and its statement of reasons, including any statement or statements of a parent setting forth an expressed preference, the board shall select an appropriate special service [and an appropriate] program based (individualized] individual needs of the preschool child from among the special services and programs approved for such purpose by the
commissioner. In the event that the board selects a special service or program that will be provided in the child's home or another care
setting for which the parent has made or subsequently makes arrangements, no transportation shall be indicated.
d. The board shall set forth in writing a statement of the reasons for its determination, which shall be furnished to
the preschool child's parent and the municipality in which the preschool child resides. If the determination of the board differs from an
expressed preference of a parent or an expressed recommendation of the committee, the board shall include in its statement the reasons why the board recommended a program or service other than that preferred by the parent or recommended by the committee. If the determination of the board is for two or more
related services, where possible, the board shall select from the list maintained by the municipality pursuant to paragraph c of subdivision nine of this section such related service providers that are employed by, single agency for the provision of such services.
The board shall provide each related service provider with a copy of the individualized education program and the name and location of each related service provider. The boardshall designate one of the service providers to Coordinate the provision of the related services. If the determination of the board is for special education itinerant services and one or more related services, the special education itinerant service provider shall
che con of the elite - progra -ed even tates the cm
provide the findings tions citat of the Update
be responsible for the coordination of such services pursuant to regulations of the commissioner.
A preschool child shall receive the services of a program approved by the board commencing with the [July, September, or January) starting
for [the approved] such program selected for the child by the board), unless such services are recommended by the committee less than thirty days prior to, or after, [such appropriate) the starting date for [the] such program (selected for such preschool child), in which case, such services shall be provided no later than thirty days from the recommendation of the committee; provided, however, that in case shall a child receive service's prior' to the date that such child is first eligible for services pursuant to paragraph f of subdivision of this section.
f. The board shall give written notice of its determination to the appropriate municipality, and to the related service provider or the
aeproved program selected to provide the services [and the commissioner). The municipality shall contract with the approved program selected by the board in a timely manner but in no event later than forty days from the receipt of written notice of the determination of the board. If the municipality is a city of one million or more persons, the municipality may delegate contracting authority to the board. The contract shall include but not be limited to any provisions required by the commissioner shall adhere to the rates established pursuant to subdivision ten this section as applicable and shall be in a form approved by the commissioner. After receipt of notification from a municipality of actions taken pursuant to this paragraph and subdivision eight of this section, the commissioner shall issue notice of authorization for reimbursement to the municipality pursuant to the provisions of subdivisions ten and eleven of this section. Provided further, any agreement for transportation services pursuant to subdivision eight of this section shall be a contract, separate and distinct from the contract for special services programs pursuant to this section, between the municipality and the approved program which shall include but not be limited any provisions required by the commissioner on å form prescribed by the commissioner.
h. Such special services or programs shall be furnished between the months of September and June of each year, except
for those preschool children whose handicapping conditions are severe enough to exhibit the need for a structured learning environment of twelve months duration to maintain developmental levels. The board, after consideration of the recommendation of the committee,
shall select appropriate special [education) service program for each preschool child eligible for such special service or program during the months of July and August from among those programs approved for such purpose by the commissioner. [No child younger than a preschool child shall be eligible to receive services or programs for any period of time prior to September first of the first school year in which the child becomes eligible as a preschool child for such services or programs pursuant to this section. ]
$. 7. Subdivision 7 of section 4410 of the education law is amended by adding a new paragraph c to read as follows:
During the pendency of an appeal pursuant to this subdivision, unless the board and the parent otherwise agree:
(i)a preschool child who has received services pursuant to subdivision five of this section, shall remain in the current educational placement; or
(jj) a preschool child not previously served pursuant to this section shall, if the parent agrees, receive services in the program designated by the board pursuant
to such subdivision five, which designation resulted in such appeal; or
(iii) a preschool child who received services pursuant to section two hundred thirty-six of the family court act during the previous year may receive, from the provider of such services, preschool special education services in an approved program appropriate to the needs of such child.
§ 8. Paragraph b of subdivision 7 of section 4410 of the education law, as amended by chapter 53 of the laws of 1990, is amended to read as
, to be conducted in accordance with the provisions of subdivision one section forty-four hundred four of this article. The impartial hearing EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law
officer shall render a decision, and mail a copy of the decision to the parents and to the board, not later than thirty calendar days after the receipt by the board of a request for a hearing or after the initiation of such hearing by the board. The decision of the impartial hearing officer shall be based solely upon the record of the proceeding before the impartial hearing officer, and shall set forth the reasons and the factual basis for the determination. The decision shall also include statement advising the parents and the board of the right to obtain a review of such a decision by a state review officer.
§ 9. Subdivision 8 of section 4410 of the education law, as amended by chapter 130 of the laws of 1992, is amended to read as follows:
8. Transportation. The municipality in which a preschool child resides shall, beginning with the first day of service, provide either directly or by contract for suitable transportation, as determined by the board, to and from special services or programs; provided, however, that if the municipality is a city with a population of one million or more persons the municipality may delegate the authority to provide such transportation to the board. Such transportation shall be provided once daily from the child care location to the special service or program and once daily from the special service or program to the child care location up to fifty miles from the child care location. If the board determines that a child must receive special services and programs at a location greater than fifty miles from the child care location, it shall request approval of the commissioner. For the purposes of this subdivision, the term "child care location" shall mean a child's home or a place where care for less than twenty-four hours a day is provided on a regular basis and includes, but is not limited to, a variety of child care services such
day care centers, family day care homes and in-home care by persons other than parents. All transportation of such children shall be provided pursuant to the procedures set forth in section two hundred thirty-six of the family court act using the date called for in the written notice of determination of the board or the date of the written notice of determination of the board, whichever comes later, in lieu of the date the court order was issued.
s 10. Paragraphs b, c, and d of subdivision 9 of section 4410 of the education law, as added by chapter 243 of the laws of 1989, are amended to read as follows:
b. As part of an application submitted pursuant to paragraph a of this subdivision, a provider of special services or programs shall submit a description of its multi-disciplinary evaluation component, if any, which shall be subject to the approval of the commissioner in accordance with regulations adopted for such purpose after consultation with the appropriate advisory committee. Such components or program may rely in part [subcontracts] formal written agreements or affiliations with appropriately certified or licensed professionals, or agencies employing such professionals, provided that such [subcontractors] professionals or agencies perform their responsibilities in conformance with regulations of the commissioner and that providers fully disclose any such [subcontracting] arrangements on all applications for program approval. Nothing herein shall require a provider of special services or programs to have a multidisciplinary evaluation program. c. Municipalities
the case of a city of one million or more persons, the board, shall maintain a list of appropriately certified or licensed professionals to deliver Çitinerant] related services con sistent with this section and the regulations of the
commissioner and shall determine reasonable reimbursement for such services subject to the approval of the commissioner. Such list shall also include reasonable reimbursement, as determined by the municipality and approved by the commissioner and the director of the budget, for the coordination of two or more related services pursuant to paragraph d of subdivision five of this section.
d. Providers may make application to conduct a program that relies (in part] on [subcontracts] formal written agreements or affiliations with other approved programs or appropriately certified or licensed professionals, provided that such [subcontracting] arrangements are fully disclosed on all applications to the commissioner for program approval.
§ 11. Subparagraph (i) of paragraph a, paragraphs b, c, d and e of subdivision 10 of section 4410 of the education law, as added by chapter 243 of the laws of 1989 and subparagraph (i) of paragraph a as amended by chapter 53 of the laws of 1990, are amended to read as follows:
(i) Commencing with the nineteen hundred ninety-ninety-one school year, the commissioner shall annually determine the tuition rate for ap