Home » 2014 Issues » October 01, 2014 » EDU-12-14-00013-A Special Education Services and Programs for Preschool Children with Disabilities
EDU-12-14-00013-A Special Education Services and Programs for Preschool Children with Disabilities
10/1/14 N.Y. St. Reg. EDU-12-14-00013-A
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 39
October 01, 2014
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
NOTICE OF ADOPTION
I.D No. EDU-12-14-00013-A
Filing No. 810
Filing Date. Sept. 16, 2014
Effective Date. Oct. 01, 2014
Special Education Services and Programs for Preschool Children with Disabilities
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 200.16(c)(3) and addition of section 200.20(b)(3) to Title 8 NYCRR.
Statutory authority:
Education Law, sections 101 (not subdivided), 207 (not subdivided), 305(1), (2) and (20), 308 (not subdivided), 4401(1)-(11), 4402(1)-(7), 4403(1)-(5), (9), (11), (13), (15) and (20), 4410(1)-(5), (9), (9-a), (9-b), (9-d), (10), (11) and (13); L. of 2013, ch. 545, sections 1 and 2
Subject:
Special Education Services and Programs for Preschool Children with Disabilities.
Purpose:
To implement L. 2013, Ch. 545, relating to CPSE placement of a child in an approved program that also conducted an evaluation of the child, and qualifications for executive directors of approved preschool programs.
Text or summary was published
in the March 26, 2014 issue of the Register, I.D. No. EDU-12-14-00013-EP.
Final rule as compared with last published rule:
No changes.
Revised rule making(s) were previously published in the State Register on
July 9, 2014.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@mail.nysed.gov
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS:
An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.
Assessment of Public Comment
Since publication of a Notice of Emergency Adoption and Revised Rule Making in the State Register on July 9, 2014, the State Education Department (SED) received the following comments on the proposed amendment from a group of special education administrators.
1. COMMENT:
Support the proposed amendment to expand the background requirements of a chief executive officer, or a person assigned to perform the duties of a chief executive officer, to include individuals who hold a bachelor’s degree or higher from an accredited or approved college or university in a field related to business, administration and/or education and/or hold a New York State certification of license to provide an evaluation of and/or related service to a student with a disability; and the proposed amendment that clarifies that a chief executive officer must have knowledge of the program and supervisory requirements for providing appropriate evaluations and/or special education services to preschool students with disabilities.
DEPARTMENT RESPONSE:
Comments are supportive in nature and no response is necessary.
2. COMMENT:
The proposed qualifications of chief executive officers are too broad and basically include anyone. It is important that the executive director or persons assigned to perform the duties of a chief executive officer have at least the very same level of education and training as their staff and for them to not only have a thorough understanding of the CPSE process, but to also be able to interpret the results of preschool evaluations and the implications of the results regarding eligibility for service.
DEPARTMENT RESPONSE:
The proposed rule requires that the executive director have knowledge of the program and supervisory requirements for providing appropriate evaluations and/or special education services to preschool students with disabilities.
3. COMMENT:
Knowledge of the program and supervisory requirements for providing appropriate evaluations and/or special education services to preschool students with disabilities is unnecessary as these credentials are not needed to run a successful program.
DEPARTMENT RESPONSE:
The Department believes it is necessary for the chief executive officer to have a working knowledge of the program and supervisory requirements for providing appropriate evaluations and/or special education services to preschool students with disabilities to ensure the program is operating in compliance with the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) and State law and regulations implementing IDEA for preschool students.
