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|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|
|Statewide Coordinator for Special Education|
|Office of Vocational and Educational Services for Individuals with Disabilities|
|Office of Management Services|
|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.
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:
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 SEIT services includes total time spent providing direct and/or indirect SEIT as defined in section 200.16(h)(3)(ii) of the Regulations of the Commissioner of Education in accordance with the student’s IEP.
Billing is based on one-half hour blocks of time at the SEIT rate established by SED.
Billing for each student receiving SEIT services in a group is required to be at the full unit of service rate divided by the number of students scheduled to be in a group.
Pursuant to section 200.9(f)(2)(ix)(c) of the Regulations of the Commissioner of Education, billable time cannot be less than 66 percent or more than 72 percent of any SEIT’s total employment hours. Providers must maintain adequate records to document direct and/or indirect service hours provided as well as time spent on all other activities related to each student served.
Missed sessions due to student or staff absence must be documented. Missed SEIT sessions do not effect reimbursement for SEIT 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
STAC, Special Aids & Medicaid Unit
Special Education Policy Unit
Special Education Quality Assurance Regional Offices
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.