Private Schools Serving Special Needs To See Boost in Funding

Governor Kathy Hochul today announced plans to include a historic $240 million increase in investment for approved private schools serving children with disabilities in her upcoming 2022-2023 Executive Budget. Governor Hochul also signed a package of legislation to increase resources and support for students with disabilities, their families and social services providers.

“This historic investment in schools serving students with disabilities, along with four bills I am signing into law, will make a huge difference in the lives of students, families and schools in every corner of New York,” Governor Hochul said. “Throughout my time in office, I’ve made it a priority to listen to the disability community and provide the resources and support they need to thrive. People with disabilities have my commitment: as your governor, I’ll always stand by your side and fight for you.”

Following the 4 percent cost-of-living adjustment approved for the 2021-2022 school year tuition rates, the New York State Division of the Budget will authorize an additional cost-of-living adjustment of 11 percent for the 2022-2023 school year – an increase of more than 15 percent over two years. The 2022-23 cost-of-living adjustment will increase preschool and school-age special education providers’ annual funding by more than $240 million, with the State ultimately reimbursing school districts and counties for roughly 60% of this cost.

Governor Hochul also signed a package of legislation to support students with disabilities: legislation (S.2911/A.1953) establishes that the Autism Spectrum Disorders Advisory Board provide a report on autism detection, education, and mapping; legislation (S.6682/A.7614) appoints an impartial hearing officer to address due process complaints for students with disabilities; legislation (S.1662-B/A.3523-A) makes the issuing of behavior analyst licenses in New York consistent with other states; and legislation (S.5560-A/A.5339) provides funding to early intervention education for toddlers with disabilities.

Legislation (S.2911/A.1953) provides that the Autism Spectrum Disworders Advisory Board will deliver a report on autism detection, education, and mapping. This report will evaluate and review factors on the causes of autism in children as well as assist healthcare providers and educators with ways to better help those diagnosed with autism.

Legislation (S.6682/A.7614) creates a process to immediately appoint an Impartial Hearing Officer (IHO) to rule on special education due process complaints if one has not been appointed within 196 days of a parent filing the complaint. This legislation will ensure that special education students receive the services they need – and that are required by law – within a timely manner. Many cases of this type have languished for years without appointment of IHOs to hear claims; New York City currently has a backlog of several thousand such cases. New York City and the Stated Education Department have recently commenced plans to hire more IHOs to hear these cases, and this legislation will further ensure that parents and students receive necessary services without delay.

Legislation (S.1662-B/A.3523-A) makes the issuing of behavior analyst licenses in New York consistent with other states. The current law only permits behavior analysts to treat autism and autism spectrum disorders, exclusively. This legislation will remove the restriction, allowing for treatment of behavioral health conditions listed in the Diagnostic and Statistical Manual of Mental Disorders, or equivalent system.

Legislation (S.5560-A/A.5339) provides funding to early intervention education for toddlers with disabilities. It streamlines the system for distributing funding to municipalities, and allows for more early intervention services to be provided to children.