BILL NUMBER: S6273A

SPONSOR: FELDER
 
TITLE OF BILL:  An act to amend the education law, in relation to
approved costs of providing special education services to children with
handicapping conditions in preschool

 
PURPOSE:

This legislation clarifies that facility-related costs of certain facil-
ities and non-direct care service costs associated with identified space
directly related to special education itinerant services for children
diagnosed with autism spectrum disorder are reimbursable

 
SUMMARY OF PROVISIONS:

Section one amends Education Law § 4410 (10) to add a new paragraph (f)
to provide that reimbursement shall be made for the costs of certain
property and non-direct care service costs associated with identified
space directly related to special education itinerant services and used
for instructional purposes in accordance with a student's individualized
              

education program and shall be deemed reimbursable within the calcu-
lation of tuition rates for approved programs pursuant to the approved
tuition methodology in effect for the corresponding year. Such costs
shall include those associated with discrete, specific space located
outside of the classroom but within the proximity of such classroom
where the special education itinerant services are provided and shall
include mortgage interest, depreciation, rent, utilities, storage,
housekeeping and supplies, and non-direct care costs associated with
maintenance. All such costs shall be required to meet the applicable
criteria for reimbursement as specified by the commissioner's regu-
lations and the department's tuition reimbursement guidelines and
requirements.

 
JUSTIFICATION:

Special Education Itinerant Teacher (SEIT) services for children diag-
nosed with Autism Spectrum Disorder are more than just "pull-out" or
"push-in" services, but rather are part of a unique program which allows
autistic children to be fully integrated into classrooms with typically
developing students. The children being serviced at these locations have
multiple, complex challenges such as self-stimulatory behaviors, lack of
cooperation, obsessions, rigidity, shut down, stimuli overload and
distraction. In order to address their challenges, and in order to
implement their Individualized Education Programs (IEPs), skills must be
introduced, taught and reinforced both in a natural setting, the class-
room, and in a contrived setting, outside of the classroom.

In the SEIT service space, the presence and position of furniture and
supplies are precisely monitored to eliminate distractions. These spaces
are a natural consequence of individualized SEIT services and are unde-
niably an essential program expense. Facilities-related costs for these
spaces are simply a fair allocation of the SEIT services to the full
program.

 
LEGISLATIVE HISTORY:

2017: Passed Senate

 
FISCAL IMPLICATIONS:

Minimal. Any costs would be offset by the reduced need for intervention
going forward.

 
EFFECTIVE DATE:
This act shall take effect immediately.