Skyer Law’s new FAQ on the COVID-19 Health Emergency is being updated on a daily basis.
Below are the updated items only. To read the full FAQ, please visit our website.
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IS MY IEP MEETING CANCELLED?
3-17-2020: Your IEP meetings (including turning five meetings) have not been cancelled, unless someone from the CSE contacts you to say so. Please get their name and email so that you can email them back to confirm your conversation with them.
If a CSE representative gives you a choice to postpone or to participate in the meeting remotely, you should agree to do the meeting by phone—circumstances permitting. Failure to cooperate with the CSE may jeopardize a future settlement or impartial hearing.
If you receive a notice asking to do a CSE meeting remotely, we generally advise that you consent to this. Send an email indicating your agreement and provide your phone number. If there are extenuating circumstances that you are concerned about, speak to your attorney.
If you planned to have providers, clinicians, or an attorney attend an upcoming IEP meeting, make sure everyone confirms their availability to participate. Provide any call-in information from the CSE team to those people and/or provide the CSE with their contact information.
Update 3-19-2020: We have been told that some CSE regional offices are closing their buildings temporarily so that staff can work remotely and safely. Some IEP meetings will be postponed as a result. This may also extend to some IEP meetings for our Turning 5 or public school parents, which are normally held by the locally zoned community school’s School-Based Support CSE team.
If you have an IEP meeting scheduled, check in with the person who scheduled it. Forward details about that communication to your attorney as we described above.
Reach out to your attorney if you are unable to reach anyone regarding a scheduled IEP meeting.
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THE DOE SCHEDULED TESTING FOR MY CHILD AT ONE OF ITS CSE OFFICES. I AM AFRAID TO BRING THEM IN FOR TESTING BECAUSE OF HEALTH CONCERNS. WHAT CAN I DO?
3-17-2020: If you are in this situation, reach out to your attorney about your circumstances and we will help you draft a letter. But generally speaking, your family’s health must come first.
It is very important to properly document why your child cannot come in for testing and to provide consent for any remote testing the DOE may offer instead.
Update 3-19-2020: We have been told that some CSE regional offices are closing their buildings temporarily so that staff can work remotely and safely. Some scheduled testing may be postponed as a result, but we have not received formal guidance. Please check in with the person who scheduled your child’s testing at the CSE. Forward details about that communication to your attorney.
Reach out to your attorney if you are unable to contact anyone regarding your child’s scheduled testing.
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WHAT IS HAPPENING WITH MY CASE THAT HASN’T SETTLED YET?
3-19-2020: DOE attorneys are back online and working to resolve and settle cases as fast as they can. Our entire staff is working harder than ever. When an offer is made we will call you to discuss and advise as always. The faster we settle, the faster we can get you needed funds.
2018-19 Open Cases: These cases (along with the extremely small number of cases leftover from 2017-2018) are the highest priority for our office. We have seen a renewed urgency from DOE attorneys to close these out, and we are doing everything we can to make this happen.
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MY CHILD DOES NOT HAVE AN IEP AND I HAD PLANNED TO REQUEST A CSE REVIEW. IS THAT STILL POSSIBLE?
3-17-2020: Yes, we believe so. Make the same request for your child to be evaluated and for the CSE to hold an IEP meeting as you would have done prior to this health emergency.
If you came into our office for a consultation this year we likely provided you with draft language for your referral letter. Please add the following language before you send your letter or follow up to add this language:
In light of the ongoing health emergency, I consent to any evaluation or meeting that the DOE wishes to do remotely. Here is my cell phone number and my email address. Please notify me of all meetings by email.
Update 3-19-2020: We have been told that some CSE regional offices are closing their buildings temporarily so that staff can work remotely and safely. Some IEP meetings will be postponed as a result. This may also extend to IEP meetings for our Turning 5 or public school parents, which are normally held by the locally zoned community school’s School-Based Support CSE team.
If you have an IEP meeting scheduled, check in with the person who scheduled it. Forward details about that communication to your attorney as we described above.
Reach out to your attorney if you are unable to reach anyone regarding a scheduled IEP meeting.
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WHAT EXACTLY IS ‘REMOTE INSTRUCTION’?
3-19-2020: We understand "remote instruction" to mean that the teacher or provider is supporting a student's learning online or via telephone. It does not mean the service can physically take place in your home.
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MY CHILD IS SEVERELY DISABLED. I AM WORRIED THAT REMOTE INSTRUCTION WON’T WORK. WHAT DO I DO?
3-19-2020: We are aware of this very difficult, acute situation facing many of our clients. Not every child can attend to a Zoom video conference. It is our position that whatever the most appropriate mode of instruction is should be permitted, even if that is indirect instruction and guidance provided from teachers to parents or caregivers. We are waiting with interest to see what solution the DOE puts in place for similarly situated public school students and hope to have more to share soon.
In the meantime, please be in close contact with your providers and schools about alternative ways to support your child’s learning during this time. Be sure to document everything.
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WHAT IF I DO NOT HAVE ACCESS TO THE TECHNOLOGY OR WIFI THAT MY CHILD NEEDS TO ACCESS GOOGLE CLASSROOM, ZOOM, OR ANOTHER PLATFORM BEING USED FOR REMOTE LEARNING?
3-19-2020: Hardware Needs: The DOE is lending internet-enabled iPads to students to support remote learning. You must apply by Friday, March 20th. You will need your child’s nine-digit student ID number, which can be found on their IEP document or in some correspondence you might have had with the DOE in the past. Devices are being prioritized for the most needy and vulnerable students first.
WiFi Needs: Charter Communications (Spectrum) is now offering households with K-12 and college students free Spectrum Wi-Fi for 60 days, including free installation. Those who qualify as low-income can receive free high-speed broadband. To enroll your household in this offer call 1-844-488-8395.
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I MAILED AN IMPORTANT DOCUMENT TO THE SKYER LAW OFFICE. WILL YOU RECEIVE IT?
3-19-2020: Several of our attorneys live within walking distance from our office in Brooklyn. We are checking our mail daily while maintaining appropriate social distancing.