Senate Bill S9418

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9418
 
                             I N  S E N A T E
 
                              March 10, 2026
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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  exempting  school
   district  providers  of  special  services  or  programs for preschool
   students with disabilities from having to obtain program approval from
   the commissioner of education

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph a of subdivision 9 of section 4410 of the educa-
 tion law, as amended by chapter 82 of the  laws  of  1995,  the  opening
 paragraph  as  amended by section 19 of part A of chapter 56 of the laws
 of 2012, and subparagraph (iii) as amended by section 57-a of part H  of
 chapter 83 of the laws of 2002, is amended to read as follows:
   a.  (I)  Providers  of special services or programs, EXCEPT WHERE SUCH
 PROVIDER IS A SCHOOL DISTRICT,  shall  apply  to  the  commissioner  for
 program approval on a form prescribed by the commissioner; such applica-
 tion  shall include, but not be limited to, a listing of the services to
 be provided, the population to be served, a plan for providing  services
 in the least restrictive environment and a description of its evaluation
 component, if any. The commissioner shall approve programs in accordance
 with  regulations adopted for such purpose and shall periodically review
 such programs at which time the commissioner shall provide  the  munici-
 pality  in  which  the  program is located or for which the municipality
 bears fiscal responsibility an opportunity  for  comment  within  thirty
 days  of  the review. In collaboration with municipalities and represen-
 tatives of approved programs, the commissioner shall develop  procedures
 for  conducting such reviews. Municipalities shall be allowed to partic-
 ipate  in  such  departmental  review  process.  Such  review  shall  be
 conducted  by  individuals  with appropriate experience as determined by
 the commissioner and shall be conducted not more than once  every  three
 years.
   [(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-
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15199-01-6
 S. 9418                             2

 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
 department.  Nothing herein shall prohibit the commissioner from approv-
 ing the modification of a full-day program into half-day sessions.]
   (II) SCHOOL DISTRICT PROVIDERS OF SPECIAL SERVICES OR  PROGRAMS  SHALL
 BE EXEMPT FROM THE REQUIREMENT TO APPLY FOR PROGRAM APPROVAL PURSUANT TO
 THIS  SUBDIVISION  AND  SHALL  BE DEEMED APPROVED BY THE COMMISSIONER TO
 PROVIDE PRESCHOOL SPECIAL EDUCATION PROGRAMS AND SERVICES. ADDITIONALLY,
 SCHOOL DISTRICT PROVIDERS SHALL BE EXEMPT FROM  THE  PROGRAM  REAPPROVAL
 PROCESS  PRESCRIBED  IN  SUBDIVISION  NINE-B  OF THIS SECTION. PROVIDED,
 HOWEVER, THAT THE PROVISION OF PRESCHOOL SPECIAL EDUCATION SERVICES  AND
 PROGRAMS  BY  SCHOOL DISTRICTS SHALL ADHERE TO THE APPLICABLE REGULATORY
 REQUIREMENTS FOR APPROVED  PRESCHOOL  PROGRAMS,  INCLUDING  PROGRAM  AND
 FISCAL  STANDARDS  ENUMERATED  IN  COMMISSIONER'S REGULATIONS. PROVIDED,
 FURTHER, HOWEVER, THAT SCHOOL DISTRICT PROVIDERS SHALL  BE  REQUIRED  TO
 NOTIFY  THE DEPARTMENT, ON A FORM PRESCRIBED BY THE COMMISSIONER, OF THE
 PROGRAMS AND SERVICES TO BE  PROVIDED  PRIOR  TO  THE  ESTABLISHMENT  OF
 APPLICABLE  STATE  REIMBURSEMENT  RATES  USED  IN CONTRACTS WITH MUNICI-
 PALITIES FOR THE PROVISION OF APPROVED SPECIAL SERVICES OR PROGRAMS TO A
 PRESCHOOL CHILD WITH A DISABILITY.
   (III) Commencing July 1, 1999 the department shall  only  approve  any
 new  or expanded programs in settings which include only preschool chil-
 dren 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  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  applica-
 tions  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 trans-
 ported to receive preschool special education services;  (v)  an  evalu-
 ation 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.]
   § 2. This act shall take effect immediately.