In recognition of the severity of this transportation issue, approved private preschool special education providers and NYC operated preschool special education programs (herein referred to as “providers and NYC programs”) impacted by this transportation issue may report preschool students as legally absent if they did not attend their self-contained or integrated class because the bus company failed to provide transportation.  The following stipulations apply under this provision:  

• This expansion of the definition of legally absent in section 175.6(a)(1) of the Regulations of the Commissioner of Education is not available until the second week of the provider’s or NYC program’s school year and can only be used until September 30, 2012. 

• The three-day rule upon which calculation of an FTE week is based in section 175.6(b)(4) of the Regulations of the Commissioner of Education will not be waived.

• Providers and NYC programs must still provide 180 days of instruction as required by section 200.7(b)(5) of the Regulations of the Commissioner of Education.

• Providers and NYC programs which begin a student’s enrollment period with a school bus transport-related excuse will be required to use a unique indicator that the NYC Department of Education (DOE) will create in its electronic invoicing system. 

• Providers and NYC programs will be required to maintain supporting documentation in the form of letters from parents stating that their children were prepared to attend school, and would have done so but for the failure of the school bus transport.  The NYC DOE will randomly sample excused absence letters.
• The expansion of the definition of legally absent in this guidance only applies to approved preschool special education self-contained and integrated programs impacted by NYC’s school bus transportation issue. 

The start date of the school year currently reported on the System to Track and Account for Children (STAC) for providers and NYC programs will not be changed as long as the 180-day requirement is met.  Committees on preschool special education do not need to change the dates of service on students’ individualized education programs (IEPs) and can continue to submit STAC applications which include the start date of the school year reported on STAC and dates thereafter as service dates even if the provider or NYC program was not in operation on one or more of the service dates due to the transportation issue.

            For questions regarding this guidance, contact the Rate Setting Unit at (518) 474-3227.