Preschool students in need of special education services are not always getting the help they need or are getting services late, according to an audit released today by New York State Comptroller Thomas P. DiNapoli. The audit of the State Department of Education (SED) found many local school districts maintain waitlists for services because there are not enough providers, and SED’s oversight of services was hindered because it did not know how many students were enrolled in the preschool special education service program, the services they are receiving in real time, or the number of districts using waitlists.

“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,” DiNapoli said. “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. The State Education Department and school districts must do a better job serving these students. I am pleased that SED agreed with our findings and has taken several steps to improve service delivery for students entitled to these essential special education services.”

Children who are referred for special education services undergo a parent-approved evaluation within prescribed timeframes, and if approved, an Individualized Education Program (IEP) is developed. The services recommended under the child’s IEP are supposed to start within 60 school days of receiving parental consent. School districts are responsible for ensuring services are provided in the 60-day timeframe. Eligible students are entitled to all services prescribed in the IEPs under the federal Individuals with Disabilities Education Act (IDEA).

DiNapoli’s audit found that many children are not getting the services they need and some are not getting them in the required 60-day timeframe. Of 550 school districts (not including New York City) that responded to an audit survey, 83% said they have a waitlist for services. In site visits to an additional 40 districts, auditors found 21 (53%) that also maintained waitlists – which accounted for a total of 301 students who were waiting for services.

SED acknowledged that waitlists are in violation of the requirement that students with disabilities receive the IEP programs and services to which they are entitled, but does not know how many students are not receiving required services. SED does not have the data it needs to be aware of the challenges, such as provider shortages, school districts face in fulfilling the services mandate that force the need for waitlists – and has been unable to support them in a solution.

SED also does not collect any information on school districts’ waitlists to identify potential need issues, nor does it monitor how districts choose waitlisted students for services to ensure fairness in selection and placement. Without knowing how many waitlists are in use across the state or how long those waitlists are, SED also has no awareness of how many students are not getting all or some of their services they’re entitled to, or what services are most in need and where.

DiNapoli’s audit also found that the SED division that monitors preschool special education services, Special Education Quality Assurance (SEQA), reviews only 1/6 of the state’s school districts (118 of 710) annually for compliance with requirements. As a result, there is a delay in addressing problems with student eligibility and enrollment, as well as in identifying where schools are facing provider shortages.

Discrepancies among various SED data systems and sources result in unreliable information regarding services provided, and SED’s lack of analysis of the information it does have limits its ability to monitor issues at school districts, such as unserved students or delayed evaluations.

DiNapoli’s audit made seven recommendations to SED, including that it:

• Develop a strategy to address the statewide shortage of preschool special education service providers and work with school districts to identify ways to obtain the necessary services.
• Increase monitoring of districts to strengthen the timeliness of evaluations, IEPs and regional service needs in real time.
• Identify school districts that need immediate review of their preschool special education services.
• Create data controls to ensure complete and accurate records.

In response, SED agreed with the audit recommendations, noting that it shared many of the concerns raised in the report, and said its Office of Special Education (OSE) is working on a long-term project for a real-time data system that the agency believes will help districts and parents identify programs to meet children’s needs.

Audit 
State Education Department: Access to Preschool Special Education Services

Related Work 
Department of Health: Oversight of the Early Intervention Program