July 2007

Available in PDF Format for Printing

To: District Superintendents
  Superintendents of Schools
  Directors of Approved Preschool Programs
  County Fiscal Officers
  Authorized Municipality Representatives
  Chief Elected Officials of Counties
  Early Childhood Direction Centers
  SETRC Professional Development Specialists
  Commissioner’s Advisory Panel for Special Education
From: James P. DeLorenzo Signature of James P. DeLorenzo
  Statewide Coordinator for Special Education
  Office of Vocational and Educational Services for Individuals with Disabilities
  Thomas Hamel Signature of Thomas Hamel
  Bureau Chief
  Office of Management Services                    
Subject:
Special Education Itinerant Teacher (SEIT) Services and Related Services for Preschool Students with Disabilities
In Reply to: New York State Office of the State Comptroller Audit # 2003-S-39

The purpose of this memorandum is to clarify certain issues regarding the provision of SEIT and related services to preschool students with disabilities pursuant to section 4410 of New York State Education Law as cited in Audit #2003-S-39 by the Office of the State Comptroller and to ensure that SEIT and related services are provided in an efficient and cost effective manner. 

SEIT services are defined in section 4410(1)(k) of Education Law and section 200.16 of the Regulations of the Commissioner of Education to mean services provided by certified special education teachers of an approved preschool program on an itinerant basis to a preschool student with a disability, at a site determined by the board of education, to:

Related services are developmental, corrective and other support services as are required to assist a student with a disability.  Related services must be provided by appropriately certified or licensed individuals pursuant to Part 80 of the Regulations of the Commissioner of Education.  Related services include, but are not limited to, speech-language pathology, audiology, interpreting services, psychological services, physical therapy, occupational therapy, counseling services (including rehabilitation counseling), orientation and mobility services, evaluative and diagnostic medical services to determine if a student has a medically related disability, parent counseling and training, school health services, school social work, assistive technology services, appropriate access to recreation, including therapeutic recreation, other appropriate developmental or corrective support services, and other appropriate support services and includes the early identification and assessment of disabling conditions in students. Related services do not include a medical device that is surgically implemented, or the replacement of the device.

Roles and Responsibilities

The implementation of the State’s preschool special education program, funded on a fiscally sound, cost-effective basis, depends on collaboration and coordination among school districts, approved preschool special education programs, related service providers and municipalities. 

I.      School District Committees on Preschool Special Education (CPSE) Responsibilities

The CPSE provides for the evaluation of a preschool child to determine his/her eligibility for preschool special education programs and services and if the child is determined eligible, to develop an individualized education program (IEP).  If a preschool child with a disability is recommended to receive SEIT and/or related services, in addition to other required information, the IEP must include the following:

Generally, SEIT and related services are scheduled to be provided in separate time periods (e.g., half-hour sessions).  Based on the needs of individual students, the CPSE may recommend that SEIT and related services be provided simultaneously, within the same time period, to meet the unique needs of the preschool child.  In this case, the IEP of the preschool child should specify that it is necessary to deliver the two services at the same time.  An example of this would be a recommendation for a physical therapist to provide direction or assistance related to the appropriate positioning of a preschool child during a session of SEIT or another related service such as speech therapy.  

II.   Approved Preschool Special Education Itinerant Teacher Programs and Related Service Provider Responsibilities

To ensure that SEIT and related services are provided in an efficient and cost effective manner, approved preschool special education program and related service providers must:

Billing for SEIT

SEIT services are reimbursed on an enrollment basis.  Billing for SEIT services must be consistent with the student’s enrollment, as defined by section 200.9(f)(2)(ix) of the Regulations of the Commissioner of Education, the Reimbursable Cost Manual (RCM), and SED policy and guidance, as follows:

Billing for Related Services

Reimbursement for related services is on a “fee-for-service” basis in accordance with the frequency and duration of the services in the IEP and authorized during the period beginning with the first date of student’s receipt of the related services until the last date of student’s receipt of the services.  Related service sessions missed due to student or staff absences must, to the maximum extent feasible, be made up to ensure that the student receives a free appropriate public education.

III.    Municipality Responsibilities

Municipalities must develop and publicize procedures regarding records and documentation to be maintained by approved preschool special education programs and related service providers which contract with municipalities for preschool services, including, but not limited to:

Municipalities must also establish and maintain internal controls regarding payments for programs and services to determine and ensure that:

Questions regarding this memorandum may be directed to:

Rate Setting Reimbursement Unit
(518) 474-3227
STAC, Special Aids & Medicaid Unit   
(518) 474-7116
Special Education Policy Unit  
(518) 473-2878
Special Education Quality Assurance Regional Offices
 

Eastern Regional Office       

(518) 486-6366

Western Regional Office   

(585) 344-2002

Hudson Valley Regional Office  

(518) 473-1185

Central Regional Office    

(315) 428-3287

Long Island Regional Office 

(631) 884-8530

New York City Regional Office

(718) 722-4544

                          

c:   Theresa E. Savo
Rebecca H. Cort

1 The level of SEIT may not be less than two hours per week.

2The instructional group size may not exceed five students.