S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5237
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              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  ASSEM-
 BLY, 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 chap-
 ter 83 of the laws of 2002, is amended to read as follows:
   (iii) Commencing July first, nineteen hundred ninety-six and  continu-
 ing  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 chil-
 dren 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  approv-
 ing 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  depart-
 ment  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 effec-
 tive date of this section which shall state the criteria used to  deter-
 mine if the applicant has demonstrated such a critical need. The depart-
 ment  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 mora-
 torium on the availability of preschool special education services.  The
 report  shall  include: (i) information regarding the number of applica-
 tions 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.