Skyer Law’s FAQ on the COVID-19 Health Emergency continues to be regularly updated.
Below are new or updated items only. To read the full FAQ, please visit our website.
I need a full neuropsychological evaluation or update done for my child this spring. What do I do now?
First, reach out and speak to the neuropsychologist you are working with. Every situation is unique and every neuropsychologist practice we work with is approaching these challenges differently and on a case-by-case basis.
Some neuropsychologists we work with have told us that they requested and received guidance from New York State informing them that they are considered essential health care workers. As such, some of them are able to continue some of their work in-person with social distancing and other safety protocols in place. If you are looking for a neuropsychologist who is able to offer in-person services, ask your case manager attorney for a list of names.
If in-person assessments are not an option, it may be possible to do a comprehensive patient history, an interview of parents and teachers, and some testing and/or remote observations depending on the type of observations or assessments the neuropsychologist believes are necessary and the ability of the child to participate remotely. Follow-up office visits can and should be scheduled for later this spring or summer, if possible, to add to or complete any preliminary reports.
My child cannot learn through remote instruction due to the severity of their disability and my child’s SEIT provider is willing to come to my home. Can we choose to do this?
On March 25th the DOE issued guidance that said, “In-person SEIT is suspended from Wednesday, March 18, until further notice.” But later in the same document, the DOE says, “If you believe a child you are serving has exceptional needs and would be put at risk by a long-term suspension of in-person services, please email specialeducation@schools.nyc.gov.”
If you believe you are in this situation, contact your attorney case manager for guidance.
My open 2019-20 case did not settle and I was never assigned a hearing officer. When will I get a hearing?
The failure to provide timely access to statutorily required due process under the Individuals with Disabilities Education Act (IDEA) is a gross violation of the civil rights of disabled children.
In November, we alerted you to the crisis at the Impartial Hearing Office when, for the first time, no impartial hearing officers (IHOs) were being assigned to any cases filed in New York City due to a shortage in available IHOs. In late January, hearing officers began to be assigned to new cases, but even then, assignment remained inconsistent. The New York State Education Department (NYSED) ordered New York City to develop a waiting list for due process cases waiting for an IHO—and there are still many families languishing in this purgatory.
In February, we posted a lengthy update on our blog about our advocacy efforts around this issue. Subsequently, NYSED and the DOE indicated that they were hiring and training a new class of 30 IHOs. But since then, we have not seen any new IHOs join the rotation. On May 11th, we wrote to NYSED to inquire about the status of those on this waiting list and the anticipated start date of the new class of IHOs.
If you are in this situation, keep in regular contact with your attorney case manager to discuss all options available to you. We will update this FAQ item as we learn more.
I received a 2020-21 school placement for my child from the DOE. How do I fairly assess and consider this placement offer since I can’t tour it?
Placement packages, if they arrive, usually arrive in the weeks (or months) following an annual IEP meeting by email, mail, or both. The document titled, “SCHOOL LOCATION LETTER” contains the name, address, and telephone number of the school. Below that, there is always a name and phone number for a CSE staff person who the DOE asks you to call to confirm that your child will be attending that school.
Your first step is to call the CSE staff person indicated and ask to be put in touch with someone at the school so you can learn more.
It is quite possible that you may be unable to reach anyone despite your best efforts. Another option is to try to find the contact information for the school’s Parent Coordinator (sometimes on a school’s website).
Have a list of questions ready when you call. This Skyer Law blog post from a few years ago about what questions to ask on a school placement tour could be useful for developing that list.
Other tools you can use to do your own research online include the information published for each school on the DOE website and third-party review-based websites like InsideSchools and GreatSchools. Social media forums (mainly private Facebook parenting groups) for parents of children with special education needs may also be good venues for talking to families whose children attend those schools. And using the directions feature in Google Maps can give you a sense (on the lower end) of how long a commute your child would have on a school bus.
If you are safely able to take a walk around the physical perimeter of the school, that may also provide you with useful information. You can also use Google Maps to get a street view of the school building (here is a tutorial on how to do that).
Do what you can—and document your efforts diligently. Take notes (date, time, the number you called, who you spoke to, what was said, etc.) on phone calls, save email correspondence, write up your understanding of what you learn from talking to other parents, take photos if you are able to walk around the building.
When are schools going to re-open, and how will that affect when I must provide notice to the DOE if I decide to unilaterally place my child in an independent school for 2020-21?
We are all operating under the assumption that most school buildings will re-open by September, 2020—and we are waiting to hear whether 12-month programs can re-open sooner. However, it is clear that this situation is very fluid.
Whenever our schools re-open to students, this does not affect the legal timeline for providing notice to the DOE for a unilateral placement in a non-public school. We must still provide ten days of notice before the new school year begins: for 12-month students, the 2020-21 school year begins in early July; for 10-month students, it begins in September.
Are my child’s rights under the Individuals with Disabilities Act (IDEA) at-risk?
On April 27th, U.S. Secretary Betsy DeVos submitted a report to Congress with her recommendations on waivers to the IDEA. We are greatly relieved that Secretary DeVos did not choose to recommend substantial waivers, saying, “While the Department has provided extensive flexibility to help schools transition, there is no reason for Congress to waive any provision designed to keep students learning."
Thank you to everyone who wrote to their Congressional representatives. Disability advocates and parents of special needs children were heard loud and clear.
Are DOE iPad loans available to students who attend non-public schools and need a device for learning?
The DOE has announced 300,000 more iPads are being made available for remote learning. This week, students at NYS Approved Non-Public Schools were added to the list of eligible recipients along with children with IEPs and IESPs who attend independent private schools. If your child does not have access to a remote learning device and attends a non-public school, you can now apply for one.
What is the DOE’s position on using the Zoom platform for remote learning?
On May 6th, the DOE updated their guidance to allow schools to resume using Zoom if they choose.
How can I notarize a document that I need to provide to my attorney?
Governor Cuomo’s Executive Order No. 202.7 provides notaries a way to use live audio/video conferencing technology and electronic transmission of documents through fax or scanning to email to legally notarize a document. EO 202.7 was reauthorized by the Governor on May 5th through June 4th.
We are here to help our clients notarize documents as needed for their cases. No one should be venturing out of their homes for this purpose. Please contact your attorney to set this up.