New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 200 - Children with Handicapping Conditions › Section 200.20 - Approval, operation, and administration of preschool programs funded pursuant to section 4410 of the Education Law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  approval and operation of preschool programs for preschool students with
				  disabilities shall be conducted in a manner consistent with section
				  200.7(a)(1) through (3) and (b)(3), (5), (6), (8),
				  (9) and (10)  of this Part, except that the
				  following requirements shall apply:
(1)
				  Except as provided in paragraph (3) of this subdivision, upon application and
				  review by the commissioner, a preschool program which meets the requirements of
				  section 200.7(a)(2)(i) 
				  (
a
) through (
d
) of this Part shall be granted
				  conditional approval, provided that no such conditional approval shall be
				  granted for new or expanded programs subject to the moratorium established by
				  subparagraph (iii) of paragraph a of subdivision 9 of section 4410  of the
				  Education Law, except as authorized by subparagraph.
(2) Each approved program shall apply to the
				  commissioner for approval to provide special education itinerant services by
				  February 3, 1997.
(3) Commencing
				  July 1, 1996, a moratorium on the approval of any new or expanded programs in
				  settings which include only preschool children with disabilities is established
				  for three years. Exceptions may be made at the discretion of the commissioner
				  for cases in which school districts 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. Nothing shall prohibit the commissioner
				  from approving the modification of a full-day program into half-day
				  sessions.
(4) Notwithstanding the
				  provisions of section
				  200.7(a)(2)(i) 
				  (
d
)(
1
) of this Part, an in-state
				  not-for-profit school operating a preschool program as a corporate entity on
				  the effective date of this section may satisfy the requirements of section
				  200.7(a)(2)(i) 
				  (
d
) of this Part by submitting evidence of approval by the
				  commissioner of the school's incorporation for the provision of special
				  education.
(5) Notwithstanding the
				  provisions of section
				  200.7(a)(2)(ii)  of
				  this Part, final approval of preschool programs shall be based on at least one
				  site visit by program or fiscal staff of the State Education Department during
				  the period of conditional approval and will take effect as of the date that a
				  final approval letter is issued by the commissioner, or the commissioner's
				  designee. No such final approval shall be granted for new or expanded programs
				  subject to the moratorium established by subparagraph (iii) of paragraph (a) of
				  subdivision (9) of section 4410  of the
				  Education Law, except as authorized by such subparagraph.
(6) Each preschool program shall be in
				  operation for not less than 180 days each year. Any day that a school is closed
				  pursuant to an Executive Order(s) of the Governor and the 180-day requirement
				  has been waived pursuant to the State of emergency for the COVID-19 crisis
				  shall be waived from the 180-day requirement of this section in accordance with
				  the terms of such Executive Order.
(7) Approved preschool programs shall submit
				  calendars of days of operation to the commissioner for approval by July 1st of
				  the preceding school year.
(8)
				  Approved preschool programs shall make attendance registers available for
				  inspection by appropriate personnel of the department and the school district
				  in which each preschool student resides.
(9) Each preschool student with a disability
				  shall be provided with the extent and duration of services described in the
				  student's individualized education program.
(10) Advertising. Advertising.
(i) As used in this paragraph,
false
				  advertising
shall mean advertising containing false, misleading,
				  deceptive or fraudulent information or as defined in section 350-a  of
				  the General Business Law.
(ii)
				  Approved programs and evaluators shall not issue, or cause to be issued, false
				  advertising with respect to the services to be provided to preschool children
				  and their families.
(iii) On or
				  before July 1, 1997 and on or before July 1st of each subsequent school year,
				  each approved program and approved evaluator shall submit to the commissioner
				  for review copies of any advertising published, broadcast or disseminated by or
				  on behalf of such approved program or evaluator during the preceding school
				  year. Radio advertising may be submitted in the form of a written transcript or
				  an audiotape. Television advertising shall be submitted in a standard videotape
				  format. Where identical advertising is published, broadcast or otherwise
				  disseminated on more than one occasion, a submission of a single copy shall be
				  sufficient for purposes of this paragraph.
(iv) At any time, the commissioner, upon a
				  finding that a program or evaluator may have engaged in false advertising, may
				  provide such program or evaluator with written notice of such finding and of
				  the commissioner's intention to revoke the approval of such program or
				  evaluator on the basis of such conduct in accordance with section
				  200.7(a)(3)  of
				  this Part. In addition, the commissioner shall review advertising as part of
				  the regular reapproval process pursuant to subdivision (c) of this
				  section.
(v) In a proceeding to
				  revoke the approval of an approved program or evaluator based on false
				  advertising, such approved program or evaluator may submit to the commissioner
				  a response containing information and evidence to show why the approval of such
				  program or evaluator should not be revoked for engaging in false advertising.
				  Such response may include, among other things, information and evidence to show
				  that the advertisement is subject to and complies with the rules and
				  regulations of, and the statutes administered by the Federal Trade Commission
				  or any official department, division, commission or agency of the
				  State.
(11) Business
				  plan. Business plan.
(i) By January 1, 1997,
				  each approved provider of special services and programs for preschool children
				  with disabilities, including local educational agencies, shall develop and
				  submit to the department, in a format prescribed by the department, a business
				  plan in accordance with subdivision 9-d of section 4410  of the
				  Education Law and this paragraph.
(ii) The business plan shall include:
(a) a plan for the redirection of fiscal and
				  personnel resources toward providing special education programs and services in
				  settings with children who do not have disabilities rather than a program or
				  setting which includes only preschool children with disabilities, by such means
				  as:
(1) converting a full-day special
				  education class to a half-day class; and/or
(2) replacing a full or half-day special
				  education class with a program which serves preschool children with
				  disabilities through special education itinerant (SEIT) services or a related
				  services only model; and/or
(3) for
				  those programs serving preschool children with disabilities whose disabilities
				  are of such nature or severity that they need a special education class because
				  they are unable to benefit from education in a less restrictive setting with
				  supplemental aids and services, other means to assure that such children have
				  regular contact with their nondisabled peers.
(i) Examples of redirection of fiscal and
				  personnel resources may include operating a different approved program model
				  which would replace existing programs so that there is a reduced reliance on
				  programs and settings which include only preschool children with disabilities
				  to include, but not limited to:
(1)
				  converting a full-day special education class to a half-day class; or
(2) ceasing operation of a full or half-day
				  special education class to serve children through special education itinerant
				  teacher (SEIT) services or a related services model.
(ii) Steps that the agency will take to
				  involve representatives of agencies external to the preschool program to
				  accomplish the purpose of the plans.
(iii) Expected outcomes, including the impact
				  on improving the provision of special education programs and services and how
				  the proposed plan will lead to more cost-effective services than the current
				  program structure.
(iv) A fiscal
				  analysis of how agency resources will be redirected to support the provision of
				  programs and placements in the least restrictive environment. The commissioner
				  shall approve and monitor the business plans and require updates of plans as
				  deemed necessary.