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Bill

Bill

S 9418

Exempts school district providers of special services or programs for preschool students with disabilities from having to obtain program approval from the commissioner of education

2025 Regular Session Introduced by Michelle Hinchey and 1 co-sponsor

School districts providing preschool special education would be deemed approved and exempt from state program approval and reapproval, while still must meet regulatory standards.

2ND REPORT CAL.
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Bill Summary · S 9418

Summary of New York Bill S.9418 (2025-2026)

Basic Information

  • Jurisdiction: New York
  • Bill Number: S. 9418
  • Session: 2025-2026
  • Introduced by: Senator Mayer
  • Co-sponsors: Senator Michelle Hinchey; Senator Shelley Mayer
  • Committee: Education
  • Status: Referred to Education; latest action shows second/first committee reports as of April 2026
  • Effective Date: Immediate

Purpose and Intent

The bill aims to modify the regulatory framework for preschool special education services by exempting school district providers of such services from the state program-approval requirement. In short, it would treat school district providers as already approved to offer preschool special education programs, removing the need for separate commissioner approval that applies to non-district providers.

Key Provisions

1) Status of School District Providers (Primary Change)

  • Exemption from program approval: School district providers of special services or programs for preschool students with disabilities would no longer need to apply to the commissioner of education for program approval.
  • Deemed approved: These district providers would be deemed approved by the commissioner to provide preschool special education programs and services.
  • Exemption from reapproval: School district providers would also be exempt from the program reapproval process (existing renewal/reapproval requirements) under subdivision nine-b of the Education Law.

2) Regulatory Compliance and Oversight

  • Despite the exemption from formal approval/reapproval, district providers must still comply with applicable regulatory requirements for approved preschool programs, including:
    • Program and fiscal standards as established in commissioner regulations.

3) Notification Requirement

  • District providers must notify the department (on a commissioner-prescribed form) of the preschool programs and services they intend to provide.
  • This notice is required prior to establishing state reimbursement rates used in contracts with municipalities for the provision of approved services to preschool children with disabilities.

4) Moratorium and Prior Approval (Existing Context)

  • The bill continues to reference prior provisions (historic moratorium on new/expanded programs for settings with only preschool children with disabilities) and existing processes, but the primary legislative change is the exemption for school districts from the program approval requirement.

5) Departmental Guidelines and Data Verification

  • The Department of Education would still maintain authority to establish guidelines determining critical need for new/expanded district-offered programs, including potential verification with local school districts.
  • Any decision to approve new/expanded programs in settings serving only preschool children with disabilities would be based on demonstrated critical need and projected demand.

Who Would Be Affected

  • Affected entities: All school district providers of preschool special education services and programs.
  • Not affected: Non-district providers (e.g., private or community-based programs) would continue to be subject to the standard program approval process unless otherwise exempted by future changes.
  • Municipalities: Contracts and state reimbursement rates with municipalities would still be used; districts must notify the department to help establish these rates.

Procedural and Timeline Aspects

  • Effective Date: Immediate upon enactment.
  • Approval Process: Exemption from prior and ongoing program approvals; districts are deemed approved, but must adhere to regulatory standards.
  • Notification Timeline: Districts must file notice before establishing reimbursement-related contracts and rates.
  • Regulatory Oversight: The Department of Education retains regulatory standards for approved preschool programs and may monitor, review, and require compliance with program and fiscal standards.

Potential Impacts

  • Administrative Impact: Simplifies administrative burden for school districts by removing the need for routine commissioner approval and reapproval of preschool district programs.
  • Access to Services: Potentially streamlines and accelerates district-provided preschool services, improving consistency and timely provision of services within the least restrictive environment.
  • Quality and Compliance: Maintains minimum program and fiscal standards; districts still must meet regulatory requirements to ensure quality and accountability.
  • Data and Transparency: The notification requirement creates a mechanism for the department to establish reimbursement rates and track district offerings.

If you’d like, I can provide a side-by-side comparison with current law to highlight exact differences, or a plain-language Q&A for district administrators and parents.

Compiled from official sources — confirm details with the bill’s official record.

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