7614 – Preschool Special Education Program

The Board of Education recognizes the value of early intervention to address the needs of preschool children with disabilities. The Board further recognizes its responsibility to ensure that all resident preschool children with disabilities have the opportunity to participate in preschool programs, approved by the Commissioner of Education, from which they may benefit educationally. The Board authorizes the Superintendent of Schools to establish administrative practices and procedures which shall include:

1. Locating, identifying, evaluating, and placement of eligible preschool children (generally ages three (3) and four (4)) with disabilities residing in the District so the child has the opportunity to participate in preschool programs. Such procedures shall include students with disabilities who are homeless or who are wards of the state.
   1. Ensure that preschool students with disabilities residing in the district have the opportunity to participate in school district programs, to the maximum extent appropriate to the needs of the student;  
2. Maintain a register of such students and others referred to the Committee on Preschool Special Education (CPSE) as possibly having a disability and revise annually by the CPSE, as appropriate;
3. Establish a Committee on Preschool Special Education (CPSE) which shall be comprised in accordance with all applicable federal and state law and regulation;  
4. Ensuring that the parent(s)/guardian(s) of preschool are children with disabilities have received and understand the request for consent for evaluation of their child;
5. Developing and implementing an individualized education program (IEP), including goals and objectives, for each eligible preschool age child with a disability;
6. Appointing and training appropriately qualified personnel, including the members of the CPSE;
7. Providing notice to the parent, the municipality, and the Commissioner of its action regarding the CPSE recommendation for programs and services for a preschool student with a disability.  
8. Maintain a list of approved preschool programs, related services and itinerant services, as approved by the municipality, or by the State, for the provision of special education and related services to a preschool student with a disability;  
9. Adopting and recognizing the rotational list of approved impartial hearing officers maintained by the State Education Department;
10. Preparing and keeping on file summary reports of student data including the number of preschool students with disabilities served, as well as students who are referred but not served and the reasons why they are not served; and  
11. Reporting to the State Education Department the data on preschool children with disabilities as required, on a form prescribed by the Commissioner.  

The duties described above will be carried out within the timeframes established by statute and regulation.

The Board directs the Superintendent to develop and maintain a plan which incorporates information concerning the provision of services for preschool children with disabilities, pursuant to the Regulations of the Commissioner of Education.  Such a plan, with personally identifiable student information deleted, shall be filed and available for public inspection and review by the Commissioner of Education.  

Committee on Preschool Special Education

The Board of Education hereby establishes the CPSE as required under the Education Law. Its responsibilities will include the evaluation, eligibility determination and recommendation for placement in appropriate approved programs and the provision of appropriate special education programs and services for each preschool child with a disability.  The parent must be informed about the proposed initial evaluation and must provide written consent for such evaluation and receive a description of the proposed evaluation.  

If the Committee recommends placing a child in an approved program that also conducted an evaluation of such a child, it shall indicate in writing that such placement is an appropriate one for the child. In addition, the committee shall provide notice to the Commissioner of such recommendation. This requirement applies to placements for special class, special class in an integrated setting (SCIS), and special education itinerant services (SEIS). Related service only providers are not affected by the change in notice requirements under 200.16(c)(3). Such notice will be provided on the Preschool STAC-1 form.

The CPSE shall review, at least annually, the status of each preschool child with a disability. It is ultimately the responsibility of the Board to arrange for the appropriate approved preschool program and services for the district’s children. Should the Board disagree with the CPSE’s recommendations, it shall send the recommendation back to the CPSE and provide notice to the parent, the statement of the Board’s concerns and reason, so that the CPSE may schedule a timely meeting to review the Board’s concerns and to revise the IEP, as deemed appropriate.

The CPSE shall make an annual report on the status of each preschool child with a disability and report on the adequacy of preschool special education programs and services to the Board.

The District and the CPSE will perform all duties and address all preschool special education matters pursuant to section 200.16 of the Commissioner’s Regulations.

Due Process Complaint Procedure

In the event that a parent/guardian files a due process complaint, the District will abide by the procedures outlined in Section 200.5 of the Commissioner’s Regulations with respect to response, answer, resolution, and timely proceedings at the direction of the appointed Hearing Officer. Unless waived, parents/guardians and the District will hold a resolution meeting within fifteen (15) days of the District’s receipt of the due process complaint, and the parties will have up to thirty (30) days to either resolve the complaint or determine that the matter will be proceeding to an impartial hearing.

In the event that a parent/guardian files an expedited due process complaint, the District will abide by the abbreviated timelines and procedures in Section 201.11 of the Commissioner’s Regulations, including the seven (7) day resolution period and conducting a hearing within twenty (20) school days of the date the complaint requesting the hearing is filed, unless the parent/guardian and the District otherwise agree.

In the event that a due process complaint or an expedited due process complaint is filed, the parent/guardian will be provided with a copy of the Procedural Safeguards Notice and informed of their options for mediation or an impartial hearing.

In the event that a due process complaint involves an application for initial services as a preschool student with a disability from a child who is transitioning from early intervention to preschool special education and related services, the District is not required to provide the early intervention services that the child had been receiving. If the child is found eligible for special education and related services as a preschool student with a disability and the parent consents to the initial provision of special education and related services, then the District must provide those special education and related services that are not in dispute between the parent and the District.

Discipline  

The District will carry out discipline procedures for preschool students with a disability in accordance with Part 201 of the Commissioner’s Regulations and applicable state and federal law and regulations.  

References

• Individuals with Disabilities Act, 20 USC Section 1400 et seq.
• 34 C.F.R. Section 300.12, 300.503
• NYS Education Law Section 4410
• 8 NYCRR Parts 200, 200.2, 200.3, 200.5, 200.16, 201
• NOTE: Refer also to Policy #7632 — Appointment and Training of Committee on Preschool Special Education (CPSE) Members