Preschool  00-02

January 2000

This memorandum provides the procedures for application and approval of any new or expanded programs in settings that include only preschool children with disabilities.

Chapter 311 of the Laws of 1999 and Section 200.7 of the Regulations of the Commissioner require that the applicant submit documentation of regional need. Sufficient evidence must be submitted to establish that the proposed program will serve only those students who, because of the nature or severity of their disability, would require placement in a special class and/or separate facility (i.e., facility serving primarily or exclusively students with disabilities).

Applications for approval of any new or expanded programs that include only preschool children with disabilities will be considered only when there is a demonstrated need for the expansion of such services in that particular region of the State. The phrase "approval of any new or expanded programs" has the following meanings:

• Approval of a special education program not currently approved or in operation.

• Approval of an increase in the number or full-time equivalent (FTE) of children served, even when there is no expansion of space required. This proposed increase may be the result of a change in staffing ratios or the number or type of classes offered.

Preschool programs should submit a letter of intent with supporting documentation to the appropriate Office of Vocational and Educational Services for Individuals with Disabilities (VESID) Special Education Quality Assurance regional office (see attached list). This letter and documentation must include a description of the program the agency requests to open or expand and all required information noted below. Applications that do not address each of these factors will not be considered for approval.

The Department will determine whether there is a need for the proposed program based upon the justification provided. Written justification regarding the need for the proposed program or expansion must include:

• A comprehensive description of the characteristics and needs of the preschool students to be served by the proposed program. The description must indicate the intent of the program to serve students whose educational needs are so severe that they cannot benefit from education in a less restrictive setting.

• Documentation from school districts in the geographic region, including student-specific IEPs upon request, that substantiates that preschool students with disabilities in the region require the proposed preschool special class program and that these students are unable to be appropriately served by the currently approved preschool programs in the geographic region. Letters from school districts should include the projected number of students in the district whose educational needs would be met by the program and for whom less restrictive programs are not appropriate. The Department will request student names and IEPs if deemed necessary. The number of students in the district should include either:

(a)  students for whom there is documentation that alternative less restrictive placements have been considered and determined to be inappropriate and/or

(b) students expected to need the services based on, but not limited to, data from the Early Intervention Program that project a need that will exceed the capacity in the region. (It is not required that a child must have been previously placed in a less restrictive setting or has lacked progress in such a program.)

• A plan describing how the proposed program will provide opportunities for students to participate in educational, extracurricular and other appropriate activities with students who are not disabled.

• A letter from the District Superintendent of the BOCES region in which the proposed program is located or, in New York City, the Assistant Superintendent of the Division of Student Support Services, regarding the need for the proposed program.

In addition to a review of the information submitted, a site visit may be conducted, as appropriate, and other interested parties will have the opportunity to comment on the proposed program. The Department will inform the program in writing of its findings relative to regional need and will advise the program whether or not to submit an official application [Preschool Packet (Application for Approval of Preschool Special Education Programs Pursuant to Section 4410 of Education Law)]. In addition, conditional approval is dependent upon approval of the program tuition rate by the State Division of the Budget (DOB). New program tuition rates will be recommended to DOB for approval by the Program Services Reimbursement Unit (PSRU) as required by Section 200.9(f)(2)(viii) of the Commissioner’s Regulations. Questions regarding tuition rates should be directed to the PSRU at (518) 474-3227. The Department will notify the agency in writing of its decision to approve or disapprove the program application.

Questions regarding preschool program applications should be directed to the appropriate VESID Special Education Quality Assurance regional office listed.

VESID SPECIAL EDUCATION QUALITY ASSURANCE

Dr. Rebecca Cort, Statewide Coordinator (718) 722-4544

Daniel H. Johnson, Upstate Regional Coordinator (518) 473-1185

WESTERN REGIONAL OFFICE

NYS Education Department

VESID Special Education Quality Assurance

2A Richmond Avenue

Batavia, NY 14020

(716) 344-2112, ext. 420

(716) 343-2660 (fax)

NYS Education Department

VESID Special Education Quality Assurance

Room 1623 One Commerce Plaza

Albany, NY 12234

(518) 486-6366

(518) 486-7693 (fax)

HUDSON VALLEY REGIONAL OFFICE

NYS Education Department

VESID Special Education Quality Assurance

1950 Edgewater Street

Yorktown Heights, NY 10598

(914) 245-0010

(914) 245-2952 (fax)

NYS Education Department

VESID Special Education Quality Assurance

The Kellum Educational Center

887 Kellum Street

Lindenhurst, NY 11757

(631) 884-8530

(631) 884-8540 (fax)

NEW YORK CITY OFFICE

NYS Education Department

VESID Special Education Quality Assurance

55 Hanson Place, Room 545

Brooklyn, NY 11217-1580

(718) 722-4544

(718) 722-2032 (fax)