NY preschoolers are often not receiving special education services

A state comptroller’s audit found many districts have waiting lists for preschool special education programs that students are legally entitled to receive
Albany Times Union

By Capitol Bureau

Dec 5, 2024

ALBANY — A state comptroller’s audit found that preschool students across New York are not always receiving necessary special education services or getting that help late.

The audit released Thursday also revealed the State Education Department has been hindered in its ability to oversee those programs because the agency was not aware of how many students were enrolled in preschool special education programs, what services they are provided or the number of school districts that have waiting lists.

“Providing timely, quality early education services to preschool children with special needs can make a world of difference in their development, and delays can have long term consequences for their academic futures,” state Comptroller Thomas DiNapoli said in a statement. “Too many children are not getting the services and therapies they are entitled to within required timeframes, and some are not getting the services at all.”

DiNapoli said the Education Department and school districts need to do a better job providing services for those students and that the state agency had agreed with the findings and has initiated steps to improve those services for students.

According to the comptroller’s office, children referred for special education services undergo a parent-approved evaluation and then have an education plan developed for their individual needs. Those services are supposed to begin within 60 days of parental consent and the students are entitled to them under the federal Individuals with Disabilities Education Act.

But the audit revealed many children are not getting the specialized services or others are not receiving them within that 60-day period. More than 80 percent of the 550 school districts that responded to an audit survey said they have waiting lists for those services. New York City schools were not included. Auditors visited an additional 40 school districts and found 21 of those collectively had waiting lists of more than 300 students.

The comptroller’s office said the Education Department acknowledged that the waiting lists violate federal requirements that students with disabilities receive the services to which they are entitled. The Education Department does not have data to pinpoint the programming challenges, including provider shortages, that could provide more information on the difficulties districts are facing in providing the services.

The Education Department apparently does not monitor how districts determine who goes on a waiting list and whether the systems are fair, which the comptroller’s office said is contributing to the breakdown that prevents the state from knowing how many students are not getting all or some services.

The audit includes seven recommendations, including having the Education Department develop a strategy to address the shortage of preschool special education services and to work with district to identify ways to improve the system. It also recommends the state improve monitoring of districts and create data controls to ensure the records are complete and accurate.

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