How To Survive Turning 5: A free workshop November 28th

In New York City, the Turning Five/kindergarten transition process can be daunting for parents of special needs children. To help families better understand the many intricacies and advocate for their children more effectively, Skyer Law is offering a free workshop for parents and interested professionals on Monday November 28th, 6-8pm at The Child Study Center at NYU Langone Medical Center, 1 Park Avenue, 7th Floor in the Central Park Room.

The experienced team at Skyer Law are leaders in the special education field, and have guided thousands of clients through the Turning Five process.  In fact, our founding partner, Regina Skyer, literally wrote the book on How to Survive Turning 5. 

This free workshop will cover everything from private evaluations to school applications, IEP meetings to appeal procedures, and more. We will also answer as many individual questions from the audience as possible.

Space will be limited to 100 attendees, so an RSVP to ekaiser@skyerlaw.com is needed.

Hope to see you there!

Understanding Initial Referrals for Special Education: 2 New Reports Provide Insight

by Ashley Barad

The Department of Education recently published its Annual Report on Special Education, which includes data on initial referrals for special education evaluations between July 1, 2015 and June 30, 2016. In one table, the report specifically focuses on race and ethnicity, revealing that students of color made up the majority of initial referrals for special education. Of the 24,252 students initially referred to special education, 86.4% were students of color: 47.63% were Hispanic, 29.38% were Black, 7.21% were Asian, 2.18% were classified as “other”.

While the Department of Education’s report shows that teachers refer more students of color to special education, it does not delve into how or why they do so. A new study by NYU Professor Rachel Fish, published in September in the journal Social Science Research, gives a more detailed explanation of how teachers’ racial biases impact their understandings of students’ special needs.

By surveying 70 elementary school teachers from a city in the northeast, Fish illuminates how race alone can change an educator’s view of a student’s special needs. Teachers who participated in the survey read through fictional profiles of male students whose names were meant to signal their race, and determined what types of special services, if any, these students required.

The study revealed that when teachers in the study classified students of color as having special needs, they did so based on behavioral or emotional – not academic – factors.

Rachel Fish, the author of the study, told Chalkbeat that when teachers classify students of color as having special needs based on emotional/behavior issues instead of academic deficits, these students suffer from the social stigma of carrying this label. While it is important that students who need special services receive help in their schools, we must consider the unintended consequences of labeling students’ needs as either academic or emotional behavioral, and we must consider what leads teachers to classify students one way or another. 

However, it is important to note that Fish is not aiming to single out teachers as being racist or biased. As she told The Huffington Post, “This is really just giving us a window into biases in our entire society,” she went on. “It’s not something that’s unique to teachers.”

Although this study is limited based on its small sample size and use of fictional student profiles, it is notable because it illuminates an essential issue in our schooling system. By taking note of both the Department of Education’s recent report and Fish’s study, we can gain insight into important factors at play in the world of special education. 

Works Cited

NYC Department of Education Local Law 27 0f 2015 Annual Report on Special Education. Rep. New York   City Department of Education, 1 Nov. 2016. Web. 3 Nov. 2016.

Klein, Rebecca. "Why Some Kids Are Put In Special Education And Others In Gifted Programs." The Huffington Post. TheHuffingtonPost.com, Inc., 1 Nov. 2016. Web. 3 Nov. 2016.

Zimmerman, Alex. "When Is a Student 'gifted' or 'disabled'? A New Study Shows Racial Bias Plays a Role in Deciding." Chalkbeat. N.p., 20 Oct. 2016. Web. 03 Nov. 2016.

US Supreme Court to hear a case that can change your life!

by Ashley Barad   

       As you can see from our recent posts, our firm has been working hard to make change in New York City and help our clients receive appropriate education which sometimes includes tuition reimbursement.  However, we are not the only ones making noise in the world of Special Education Law.

            At the end of September, the Supreme Court announced that it will hear a case which looks to expand the definition of what constitutes an appropriate education for a special education student.  The Colorado case of Endrew vs Douglas County School District deals with an autistic child whose parents believe he did not receive a free appropriate public education (FAPE) in his school district. This case looks to expand and increase the low standard of what constitutes an appropriate education which was originally articulated in the 1982  US Supreme Court decision of Board of Education vs Rowley (see our Case Law page for more info).  The Rowley decision skirted the question of the quality of the education that is required to be provided to special needs students.

            According to the Denver Post, the Colorado family wishes to address equal opportunity for special-needs kids by arguing that the IDEA was intended to provide an education that is not only appropriate, but meaningful. These parents hope to change lives on a national scale with this court case, and that very well may happen. The outcome of this case could have significant effects on the requirements that school districts must meet when providing instruction and services under the IDEA.

            We will continue to update you on the progress of this case as it proceeds. Stay in the loop by subscribing to this newsletter if you have not already! 

Life After the IEP: Transitioning to College

         After years of navigating the special education system, meeting with school district officials and teachers, identifying and arranging for outside therapies, communicating with related service providers and countless other acts of advocacy on behalf of your child, parents of students with special needs invariably face the unnerving crossroads of life… after the IEP.

          For students who are seeking to transition to college programs, there are a number of issues that need to be identified and examined.  There is no requirement for students who are entering college to identify themselves as having previously been classified with an educational disability. However, in order to receive any accommodations, the student will eventually be required to register with their college’s office of disability services and submit necessary documentation regarding their disability and special education needs. Colleges differ as to the type and specificity of the documentation that is required to access special education support and/or accommodations. However, what all colleges do require is that the documentation be recent (typically, within a three year margin) and that it be reflective of the student’s current educational needs (as measured by a psychoeducational evaluation, which includes assessments of aptitude and academic achievement, test scores, a clinical summary, a diagnosis and recommendations for accommodations). A student’s most recent IEP might also be requested by colleges that have separate applications procedures for admission to any comprehensive programs they might offer for students with learning disabilities.   

           Direct contact with the college’s office of disability services will provide you with specific information regarding the type of documentation that is needed to support a request for accommodations, classroom modifications, course substitutions /waivers and the availability of other supportive services. Speaking with representatives from the office of disability services might also provide some insight into the college’s philosophy, its student body, on campus resources as well as the college’s ability to meet your child’s specific needs in terms of accessibility issues or the availability and extent of academic, social or emotional support.  

            From a legal perspective, while the Individuals with Disabilities Education Act (IDEA) does not apply to post-secondary educational institutions, Section 504 of the Rehabilitation Act of 1973 as well as the Americans with Disability Act (ADA) do apply. These statutes preclude colleges and universities from engaging in discriminatory conduct or activity that is predicated solely on the basis of a student’s disability.  It is critical to emphasize, however, that the requirement that a school district provide a free and appropriate education is not applicable to post-secondary educational institutions and the cost of tuition is, therefore, an important factor to consider in future planning.

            There are a number of other critical issues that should be explored in evaluating your child’s transition to college or in assessing other post-secondary options. Part II of Life After the IEP will address consideration of these various issues.                

Speak Now! Let Mayor De Blasio know his Policy to “fast-track” Settlements for Tuition Reimbursement is not being Enforced

Dear Clients,

We are in the trenches fighting with you and for you on a daily basis.  Over the weekend I composed the below email message which was sent this morning to three members of the city council.

The email addresses of these three city council members are: 

DDromm@council.nyc.gov       Dgarodnick@council.nyc.gov    Mviverito@council.nyc.gov

Please write to them – and ask for their help and to allow me to address the education committee.  Even if you are part of the lucky group that has been paid in full for 2015-2016, many of your friends have not.  And, we want to prevent this same delay for all cases during the 2016-2017 year. The Mayor needs to hear from you.   We are all in this together.

I am hoping that if there is enough noise that the Mayor will get the message – his re-election is close and he needs to be seen as a man of the people and for the people.  Only the Mayor can put the kind of pressure on the DOE to do their jobs.

Very truly yours,

Regina

-----

Dear Mr. Dromm,

I am writing to you at the suggestion of Daniel Garodnick, who has always been a supporter of parents of children with special needs and whose friendship we value.  I am respectfully requesting an opportunity to address the Education Committee of the City Council as soon as possible.   

My firm represents parents of NYC special education students.   We advocate and litigate for an appropriate education for over 1500 students a year in the NYC area.  I refer you to our website www.skyerlaw.com.   

When a parent believes that the DOE has failed to offer their child a free appropriate public education, often referred to as FAPE, they have the statutory right to remove their child from the public school, unilaterally place the child in a special education private school and sue the City for tuition reimbursement for this placement.  The mechanism for seeking tuition reimbursement is an administrative proceeding which in NYC is known as a Due Process Impartial Hearing.  There are approximately 7000 tuition reimbursement cases against the City every year.  This is a cumbersome and costly process.   We are told, but I have never received formal verification that the average cost to the City for an Impartial Hearing is $50,000 per case.   

In June 2014 Mayor de Blasio in an attempt to reduce this burden of Due Process Impartial Hearings on both parents and the DOE, issued a policy initiative which sought to reduce the number of hearings and to assist parents in receiving their reimbursement in a timely manner.  (see http://www1.nyc.gov/office-of-the-mayor/news/306-14/mayor-de-blasio-speaker-silver-new-steps-help-families-students-disabilities#/0 ) 

As a result of this initiative the DOE is now settling approximately 96% of tuition reimbursement cases on the basis of a ten day notice, rather than the filing of a formal complaint, which would trigger the Due Process Impartial Hearing to begin. Although grateful for the high number of settled cases,  the DOE has failed to adhere to any of the other tenets in Mayor De Blasio’s initiative.  The situation for special education parents has in fact worsened. For the 2015-2016 school year the DOE has stopped complying with the terms of settlements which they have entered into months earlier.  These agreements call for reimbursement payments to parents 30 days after execution.  Parents have relied on these terms of stipulation and are now faces untenable financial burdens.   In my firm alone there are over 800 cases that have not been fully paid where the DOE has agreed to pay these parents months earlier.  Some cases have received partial payments, while others have received no payment.    

Given the course of conduct of the DOE this immediate prior school year, if we were to advise clients not to accept settlements and to proceed to impartial hearings the cost to the City would sky-rocket.  Not only does the city bear all of the administrative costs of the hearing, but when a parent is a prevailing party at a hearing the method of payment is governed by federal law and is paid within 30 days and parents are entitled to an award of reimbursement for their legal fees.   

It is imperative that the City Council be aware of what is happening to their constituents and the potential dangers if the DOE does not adhere to already entered into stipulations.  We ask that your members exert any influence your members may have on rectifying this matter.  

Thank you in advance for your consideration. 

Regina Skyer