PROGRAM: Allowances to Private Schools for the Blind, Deaf, Orthopedically and Emotionally Disabled

The allowances to 12 State supported private schools provide for the education of students who are deaf, blind, severely orthopedically or emotionally disabled under '4201 of the Education Law and Chapter 1060 of the Laws of 1974. The State Supported Schools receiving aid under this program are:

Schools for the Deaf

• Cleary Deaf Child Center, Inc., Ronkonkoma (Suffolk County)

• Lexington School for the Deaf, New York (Queens)

• Mill Neck Manor School for the Deaf, Mill Neck

• New York School for the Deaf, White Plains

• Rochester School for the Deaf, Rochester

• St. Francis DeSales School for the Deaf, New York (Brooklyn)

• St. Joseph's School for the Deaf, New York (Bronx)

• St. Mary's School for the Deaf, Buffalo

Schools for the Blind

• New York Institute for Special Education, New York (Bronx)

• Lavelle School for the Blind, New York (Bronx)

Schools for Orthopedically Disabled Children

• Henry Viscardi School, Albertson

Schools for Emotionally Disabled

• New York State Institute for Special Education - Van Cleve Program

Chapter 1066 of the Laws of 1974, which added '4204-a to the Education Law, provides for State reimbursement of tuition costs for the education of deaf infants below the age of three and their parents attending programs approved by the Commissioner at various public and private facilities, including schools for the deaf listed in '4201 of the Education Law.

The annual appropriation for the '4201 program funds 35 percent of the prior school year operating expense and 65 percent of the current school year operating expense. In addition, the appropriation covers costs for the Deaf Infant Program, BOCES contracts, and the retirement costs of employees of the 12 State-supported schools.

Federal Statute: Federal Regulation:
State Statute: Education Law ' 4201 & 4204-a State Regulation: 8NYCRR Part 200

' 4410 PreSchool Services. Under ' 4410 of Education Law, school districts are responsible for assuring the provision of special education services to eligible preschool children with disabilities (ages 3-4 years). Counties contract with approved programs and service providers selected by local Boards of Education and make 100 percent payment to providers. Pursuant to Chapter 642 of the Laws of 1996, counties are reimbursed by the State for 59.5 percent of the approved costs for services provided during the 1995-96 year

Effective September 9, 1996, municipalities may withhold payments due any provider for services rendered to preschool students with disabilities when the Commissioner has been unable to establish a tuition rate due to the provider’s lack of filing complete and accurate fiscal reports. Municipalities may also recover overpayments made to providers of special services and programs due to adjustment of approved tuition and/or maintenance rates. Recovery may occur by withholding the amount due in the current year or by direct reimbursement. In addition, regional ceilings are being established by the Commissioner for the 1997-98 school years, in consultation with the municipalities and with the approval of the Director of the Budget, for maximum allowable State reimbursement regarding transportation.

Chapter 474 of the Laws of 1996 amended various sections of New York State Education Law regarding the provision of preschool special education programs and services. The amendments clarified the responsibility of the Committee on Preschool Special Education (CPSE) to conduct meetings to develop, review and revise the individualized education programs for preschool children with disabilities. Further clarification was made regarding the role of approved evaluators, the Committee's determination of services in the least restrictive environment, the provision of transportation and extended school year services. New requirements have been established for approved preschool special education providers regarding the submission of business plans to redirect fiscal and personnel resources, program advertising and a re-approval process. The Department is required to develop clinical practice guidelines in consultation with a broad-based group of professionals and parent representatives.

' 4406 Court Ordered Services. Title IIA of Article 25 of the Public Health Law authorizing the Early Intervention Program for children with disabilities, ages birth to two, became fully operational July 1, 1993. However, some children with disabilities continue to receive special services or programs pursuant to ' 4406 of the Education Law and ' 236 of the Family Court Act. The Department approved reimbursement to municipalities for 50 percent of the costs of these special programs and services during the 1996-97 year.

Federal Statute: Federal Regulation:
State Statute: Education Law ' 4406, 4408 & 4410 State Regulation: 8NYCRR Part 200

' 4408 Summer School Services. Children with severe disabilities, ages 5-21 years, may receive special programs and/or services during July and August, if recommended by the Committee on Special Education. The county of residence is responsible for 10 percent of the cost and the local school district is responsible for 20 percent of the cost. Costs incurred for services provided during July and August to children with disabilities in the State schools in Rome and Batavia and the State-supported ' 4201 schools are included. Also included in this account are payments for summer students that are placed in the care and custody of OMH and are residing in residential treatment facilities. Pursuant to Chapter 82 of the Laws of 1995, beginning in 1995-96, no single payee may receive more than 45 percent of the appropriation for this program. In addition, no payments will be made after July 1, 1996 based on a claim submitted later than three years after the end of the school year in which services were rendered except in cases where such payment is the result of a court order, judgement, or final audit.

The Individuals with Disabilities Education Act (IDEA) makes it possible for states and localities to receive Federal funds to assist in the education of students with disabilities. Basically, in order to remain eligible for Federal funds under the law, states must assure that:

• All children and youth with disabilities, regardless of the severity of their disability, will receive a Free, Appropriate Public Education (FAPE) at public expense.

• Education of children and youth with disabilities will be based on a complete and individual evaluation.

• An Individualized Education Program (IEP) is developed for every child or youth found eligible for special education.

• To the maximum extent appropriate, all children and youth with disabilities will be educated in the regular education environment.

• The rights of children with disabilities and their parents are protected.

The Federal government allocates funds to each state based primarily on the consensus of students with disabilities in the state, and a portion of the funds are allocated based on the total school enrollment and the state’s poverty rate.

Federal Statute: Individuals with Disabilities Education Federal Regulation: Title 34 CFR 300 Act, Part B, 1401-1418, 1420, as amended, P.L. 101-476
State Statute: State Regulation:

The New York State School for the Blind at Batavia provides educational and residential services for blind and multiply-disabled students from New York State. In addition to educational and health related services the school provides occupational therapy, physical therapy, psychological, audiology, counseling, dietary, nursing, and medical care. Approximately 75 students are currently enrolled.

In addition to educational and residential services for blind and multiple-disabled students the School for the Blind at Batavia operates an Intermediate Care Facility (ICF). The ICF provides 24-hour a day comprehensive services for the training and residential care of blind and mentally retarded school-age children. The ICF has two, eight-bed ICF units that provide health and rehabilitative services for children that meet educational and rehabilitative criteria.

The New York State School for the Deaf at Rome has provided educational and residential services to deaf children for nearly 120 years. The school serves children from 30 counties across the eastern and central regions of the State. There are four major components including the deaf infant program providing home-based services; the elementary unit that serves children 3 through 13; the high school which provides educational opportunities for students 14 through 21 years of age; and, the alternative education program which provides job and life skills to nonacademic students between 14 and 21 years of age. Approximately 110 students are currently enrolled.

Federal Statute: Federal Regulation:
State Statute: Education Law §4301-4357 State Regulation: 8 NYCRR Part 200