Skyer Law’s FAQ on the COVID-19 Health Emergency continues to be regularly updated.
Below are the new or updated items only. To read the full FAQ, please visit our website.
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How can I notarize a document that I need to provide to my attorney?
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.
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I have received a stipulation agreement from the DOE to settle my case. I have signed it, but I don’t know how to get it back to you safely. What do I do?
Scan and email it to us and put the physical copy in the mail as soon as you are safely able to do so.
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I need to scan documents to my attorney but I don’t have a scanner at home. Can I take a photo?
If you don’t have a scanner at home right now, the next best thing is to use a scanning app on your phone. There are a lot of very good ones out there, but many of us use Adobe Scan (Apple App Store/Google Play) and Microsoft Office Lens (Apple App Store /Google Play).
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My child’s disabilities are severe. I need respite. What are my options?
This is a critical issue for many of our clients and we want to share resources with you as we become aware of them.
First, for those of you who have access to respite services through the New York State Office of People with Developmental Disabilities (OPWDD) and/or HCBS Medicaid Waiver, call your care coordination agency or (for self-directed Waiver participants your Fiscal Intermediary) and make sure you have access to all respite options that are currently available through those funded sources. We have heard that at least one Fiscal Intermediary has advised its clients that Direct Service Providers (DSPs) are considered essential workers. Visit NYS OPWDD’s website for updates.
We are also very pleased to share that an excellent Westchester special education private school that we work with, Shrub Oak International, will begin offering respite care on April 1st in strict accordance with NYS Department of Health guidelines. This is a residential 1:1 respite program, not an educational program for tuition reimbursement. Below is text from an email announcement late Friday. For more information, contact Lauren Koffler at (914) 885-1995 or lkoffler@shruboak.org.
Shrub Oak International School understands that caring for your child during this uncertain time can be difficult and we would like to help. Beginning April 1, we will open our doors to you and your family for respite care. As classes are not currently running, this would be for our residential program. Your child would enjoy 1:1 support and engage in activities such as art, yoga/meditation, hikes and more. The rate is inclusive of room and board, meals, activities and supports.
Please reach out if you are interested in obtaining more information on this program and student qualifications. As is our policy, Shrub Oak will continue to take all recommended measures in accordance with New York State Department of Health guidance to screen all students and their parents entering this program.
Weekly Tuition: $6,500
Two week minimum required
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Are residential therapeutic programs still admitting students?
Two educational professionals we work with, Brad Hoffman and Faya Hoffman of My Learning Springboard, have been in regular contact with therapeutic programs from across the country. They tell us:
Many therapeutic programs are still open and admitting new students while taking extreme precautions to protect their existing student bodies. They are working with their state government agencies to take the appropriate precautions and to follow local health department regulations, which continue to evolve. Generally speaking, these programs are limiting or restricting visits on campus for parents as well as restricting non-essential visitors. For prospective families, they have largely moved to virtual tours.
A few therapeutic wilderness programs have ceased admissions at this time for new students.
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How do I contact the CSE if I need to—are their offices open?
According to a March 20th, update to the DOE website:
“…[T]he CSEs are shifting to a remote practice. Remote practice in the CSEs will provide an opportunity for students and families to remain connected and engaged with their evaluation and IEP process while participating from locations outside of the physical CSE offices from March 20, 2020 through April 17, 2020 as of now, due to COVID-19.”
Does the federal stimulus bill suspend or permanently alter my child’s rights under the Individuals with Disabilities Act (IDEA)?
There is no language in the federal stimulus bill that will change any provision of IDEA. Your child’s rights will remain the same when and if this bill, as currently drafted, is passed.
However, the bill includes a provision asking U.S. Secretary of Education Betsy DeVos to send a report to Congress in 30 days recommending whether states and school districts should be allowed to waive any requirements of the IDEA.
While we don’t know what Secretary DeVos may recommend, this is not a time to weaken laws that protect society’s most vulnerable citizens. To the contrary, this is precisely the time to do everything in our power to make sure that our children are not left behind.
Please email your Congressional representatives expressing your concerns. Advocates for Children has helpfully set up an online form that makes this a 60-second task using already-drafted language that you can use or edit as you please.
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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 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.
Update 3-21-2020 – The CSEs are shifting to remote practice as of March 20, 2020 through April 17, 2020. Visit the DOE website’s page for “Committees on Special Education” to find a list of CSE administrators and their direct emails for every CSE office.
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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.
Update 3-21-2020 – The CSEs are shifting to remote practice as of March 20, 2020 through April 17, 2020. Visit the DOE website’s page for “Committees on Special Education” to find a list of CSE administrators and their direct emails for every CSE office.
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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.
Update 3-21-2020 – The CSEs are shifting to remote practice as of March 20, 2020 through April 17, 2020. Visit the DOE website’s page for “Committees on Special Education” to find a list of CSE administrators and their direct emails for every CSE office.