In New York, the state guarantees access to preschool special education services for children aged 3 to 5 with disabilities. These services include speech therapy, occupational therapy, special classes, and counseling provided either at school or at home. However, an audit of the New York State Education Department (NYSED) revealed significant shortcomings and delays, leaving many children without the assistance they desperately need.

In 2022, NYSED successfully provided these services to 40,846 children statewide. Despite this, a report from the Office of New York State Comptroller Thomas DiNapoli found that about 83% of the 550 districts surveyed had waiting lists for special education services. During on-site visits to 40 schools, auditors discovered that 21 of them—53%—had waitlists for preschool special education services. Across those districts, 301 children were waiting for services they were entitled to receive.

“As a former special education teacher, I know first-hand how critical special education services are to children in need,” said Republican State Sen. Jim Tedisco, ranking member of the state’s Senate Education Committee. “Children should be receiving the services they are eligible for and not waiting on some state bureaucrats to move paper from one side of a desk to another.”

The audit uncovered a lack of real-time tracking for waitlists, with NYSED monitoring only 118 of the state’s 710 districts—under 17%—each school year. This limited approach means it takes six years to gather data for all districts statewide, creating a fragmented understanding of how many children miss out on preschool special education services annually.

Furthermore, NYSED does not collect sufficient statewide data on referrals for preschool evaluations. Between 2018 and 2022, parents and districts made more than 22,000 such referrals. In 182 cases, children received multiple referrals within the same school year, further compounding delays.

The staffing shortage exacerbates these issues. Many districts struggle to hire enough specialized providers for evaluations and therapy. This forces them to outsource assessments to third-party organizations, leading to even longer delays in providing critical services.

The process for accessing preschool special education begins with a referral for evaluation, followed by parental consent. Federal and state laws mandate that evaluations and individualized education programs (IEPs) must be completed within 60 days, and services outlined in the IEP must be implemented within 60 school days. These laws also require a smooth transition from early intervention programs to IEPs by the child’s third birthday.

However, the audit shows that many children are not receiving these services within the required timelines, leaving gaps in their early development. This delay often results in missed opportunities for children to gain essential skills during a critical period in their growth.

“Taken overall, the Department appreciates that audit findings confirm several of the real needs that we have repeatedly identified in our priority recommendations, and we look forward to successful advocacy that will result in better services for our young students with disabilities,” reads part of NYSED’s response within the audit.

In the 2023–2024 school year, NYSED implemented quarterly reporting requirements for districts, an improvement in oversight. However, the audit recommended further steps, including:

• Redeveloping strategies to address staffing shortages.
• Enhancing district monitoring.
• Improving data controls to track service delays.
• Identifying districts that require immediate review to ensure compliance.

“As the parent of a child who required early intervention services, I know how important it is that these students receive the help they need early on,” said Republican Assemblymember Mary Beth Walsh. “I’m glad to hear that there is work being done towards a long-term solution.”

The audit highlights the urgent need for New York to fulfill its commitment to preschool special education. Delays and resource shortages have left families waiting for essential services that could make a lifelong difference for their children. Ensuring timely evaluations, addressing staffing challenges, and collecting comprehensive data are essential steps toward delivering on the state’s promise to its youngest learners.

For children with disabilities, early access to specialized services can shape their educational and developmental trajectories. By prioritizing improvements in preschool special education, New York can uphold its pledge to provide every child with the support they need to thrive.