Announcements & Memos

For Field Memos

For Special Class in Integrated Setting Workgroup Information

Announcements

To the Chief Executive Officers and Directors of approved private preschool Special Class and Special Class in an Integrated Setting programs:

The New York State Education Department (NYSED) is working very closely with the New York State Department of Health to provide updated guidance regarding the Novel Coronavirus (COVID-19). Additionally, the Board of Regents and NYSED continue to work with our partners at the state, local, and federal levels to keep school leaders informed as this situation continues to evolve, and we will update and disseminate additional guidance as necessary. Please refer to the links on the Coronavirus webpage http://www.p12.nysed.gov/sss/schoolhealth/schoolhealthservices/coronavirus.html for the latest guidance and information from NYSED and other vetted sources. You are encouraged to visit this web page frequently for the latest updates.

Approved private Special Class and Special Class in an Integrated Setting programs that are licensed by either the Office of Children and Family Services (OCFS) or the New York City Department of Health and Mental Hygiene (NYC DOHMH) must follow the relevant guidance issued by those agencies:

https://ocfs.ny.gov/programs/childcare/ 

https://www1.nyc.gov/site/doh/health/health-topics/coronavirus.page 

Approved private Special Class and Special Class in an Integrated Setting programs located on the site of an elementary/secondary school (such as an approved 853 School) and/or not licensed by OCFS or DOHMH are to follow the guidance applicable to nonpublic schools issued by NYSED: http://www.p12.nysed.gov/sss/schoolhealth/schoolhealthservices/coronavirus.html  

Approved private Special Class and Special Class in an Integrated Setting programs must notify students' placing school district and county regarding school closures and transportation.  In addition, for purposes of monitoring closures due to COVID-19, NYSED is requiring approved private Special Class and Special Class in an Integrated Setting programs to also notify NYSED utilizing the same process as nonpublic schools.  Please see and follow the directions of the guidance titled Notification Regarding Closure of a Nonpublic School:  http://www.p12.nysed.gov/sss/schoolhealth/schoolhealthservices/coronavirus/notification-nonpublic-school-closure.pdf

Tuition Billing and the 180 Session Day Requirement for Preschool Special Class and Special Class in an Integrated Setting Programs:

Preschool Special Class and Special Class in an Integrated Setting programs are authorized, pursuant to New York State Education regulation 175.6, to charge for educational placements based on enrollment. Therefore, schools should continue to bill their authorized tuition rate and per pupil charge for enrolled students during the period their school program is closed due to COVID-19, or period in which they provide distance learning due to COVID-19, as applicable.  

Commissioner’s Regulations 200.20(a)(6) require preschool Special Class and Special Class in an Integrated Setting programs to operate for not less than 180 days, and the regulations do not include a provision to waive this requirement. The 180 day requirement is also a factor when care days are used to calculate tuition rates for preschool Special Class and Special Class in an Integrated Setting programs. Under the current tuition rate-setting methodology, if the number of 2019-20 session days provided is less than the 180 day requirement due to COVID-19 closures, or if enrollment decreases, it would impact 2019-20 reconciliation rates.  

NYSED is seeking direction on your questions regarding the application of the 180 day requirement to preschool Special Class and Special Class in an Integrated Setting programs in light of COVID-19 as well as on the potential impact on 2019-20 reconciliation rates, and will notify providers if any changes are made to the current requirements as a result of the impact of COVID-19. Please be assured that NYSED is working as quickly as possible to provide as much flexibility as possible in this unprecedented situation.Please to submit questions to COVID19@nysed.gov and continue to visit the NYSED webpage at http://www.p12.nysed.gov/sss/schoolhealth/schoolhealthservices/coronavirus.html to keep informed regarding further issued guidance.

  • 03/16/2020 - NYSED Guidance on Coronavirus (COVID-19) for school age programs

To the Chief Executive Officers, Directors, and Superintendents of nonpublic schools with an approved special education program (853), Special Act School Districts, and State-Supported Schools (4201): 

The New York State Education Department (NYSED) is working very closely with the New York State Department of Health to provide updated guidance regarding the Novel Coronavirus (COVID-19). Additionally, the Board of Regents and NYSED continue to work with our partners at the state, local, and federal levels to keep school leaders informed as this situation continues to evolve, and we will update and disseminate additional guidance as necessary. Please refer to the links on the Coronavirus webpage http://www.p12.nysed.gov/sss/schoolhealth/schoolhealthservices/coronavirus.html

for the latest guidance and information from NYSED and other vetted sources. You are encouraged to visit this web page frequently for the latest updates.

853 and 4201 Schools are to follow the guidance titled Notification Regarding Closure of a Nonpublic School:  http://www.p12.nysed.gov/sss/schoolhealth/schoolhealthservices/coronavirus/notification-nonpublic-school-closure.pdf

Special Act School Districts are to follow the guidance titled Notification Regarding Closure of a School Building: http://www.p12.nysed.gov/sss/schoolhealth/schoolhealthservices/coronavirus/notification-school-building-closure.pdf 

853 Schools, 4201 Schools, and Special Act School Districts must also notify students' placing school district and/or county regarding school closures and transportation.

Residential agencies should continue to follow the directives of the New York State Office of Children and Family Services (OCFS), New York State Office for People with Developmental Disabilities (OPWDD), and New York State Office of Mental Health (OMH), as applicable, with respect to their licensed residential program components.

Tuition Billing and the 180 Session Day Requirement:

853 Schools, Special Act School Districts, 4201 Schools, and preschool Special Class and Special Class in an Integrated Setting programs are authorized, pursuant to New York State Education regulation 175.6, to charge for educational placements based on enrollment.  Therefore, schools should continue to bill their authorized tuition rate and per pupil charge for enrolled students during the period their school program is closed due to COVID-19, or period in which they provide distance learning due to COVID-19, as applicable.  

Commissioner’s Regulations 200.7(b)(5) and 200.20(a)(6) require 853 Schools, Special Act School Districts, 4201 Schools, and preschool Special Class and Special Class in an Integrated Setting programs to operate for not less than 180 days, and the regulations do not include a provision to waive this requirement.  The 180 day requirement is also a factor when care days are used to calculate tuition rates for 853 Schools, Special Act School Districts and preschool Special Class and Special Class in an Integrated Setting.  Under the current tuition rate-setting methodology, if the number of 2019-20 session days provided is less than the 180 day requirement due to COVID-19 closures, or if enrollment decreases, it would impact 2019-20 reconciliation rates.   

NYSED is seeking direction on your questions regarding the application of the 180 day requirement to 853 Schools, Special Act School Districts, 4201 Schools, and preschool Special Class and Special Class in an Integrated Setting programs in light of COVID-19 as well as on the potential impact on 2019-20 reconciliation rates, and will notify providers if any changes are made to the current requirements as a result of the impact of COVID-19.  Please be assured that NYSED is working as quickly as possible to provide as much flexibility as possible in this unprecedented situation.

Please to submit questions to COVID19@nysed.gov and continue to visit the NYSED webpage at http://www.p12.nysed.gov/sss/schoolhealth/schoolhealthservices/coronavirus.html to keep informed regarding further issued guidance.  

http://www.oms.nysed.gov/stac/Teacher_Certification/Home.html

Last Updated: September 15, 2020