Notice of Potential Disclosure

On June 1, 2016, the New York City Department of Education (“DOE”) began to notify parents of the potential for disclosure of the educational records of their children in accordance with a Judge’s Order in M.G. v. N.Y. City Department of Education.

This class action lawsuit seeks to change blanket practices of the DOE and the New York State Education Department with regard to students in State Approved Non-Public Schools and students with an IEP classification of Autism.  The release of these records may result in the provision of better access to programs and services needed by students. The Court states that the educational records will only be disclosed to the attorneys participating in the case and their experts.

No public disclosure of these records will occur. A copy of this notice may be reviewed at http://schools.nyc.gov/NR/rdonlyres/E50307E2-1F21-421A-B3A6 BE60CA8DEBD4/0/NoticeofPotentialDisclosureofInformation.pdf

You have the right to opt out of the disclosure of these records. If you wish to opt out, you must print and fill out a form located at http://schools.nyc.gov/NR/rdonlyres/95443971-A144-4270-901A-2C6705B1900B/0/ObjectionForm.pdf and return it to the Court by August 7, 2016. 

Pursuing Health Insurance Reimbursements for Your Child’s Therapies

Advice from an Insurance Law Expert             

Recently, the Skyer Law team participated in an in-house professional development seminar that focused on how our clients may be able to pursue their health insurance plans to obtain insurance payments for their child’s therapies and related services. 

The training was provided by leading insurance attorney, Jodi Bouer, the founding partner of Bouer Law LLC, a national insurance advocacy and litigation firm headquartered in Princeton, NJ.    

The major takeaway:  Although parents should primarily pursue services under the IDEA, they should also concurrently explore accessing health insurance reimbursements for supplemental services outside of an educational setting, which are deemed medically necessary. 

For more information and to seek guidance on whether to pursue reimbursements for your child’s therapies under your health insurance plan or to determine whether you should fight your insurer’s denial of your child’s therapeutic services, please call Jodi Bouer at 609-924-3990.

 

2015-2016 Settlements Update

We are working diligently to effectuate tuition reimbursement payments for our clients for the 2015-2016 school year. Unfortunately, the New York City Comptroller, who is responsible for reviewing and approving all settlements, is not adhering to the Mayor’s policy to expedite settlements between parents and the NYC Department of Education (See our June 25, 2014 blog to learn more about the Mayor's Policy: de Blasio Policy Update).

This is resulting in a widespread delay in the settlement process. Despite the persistent follow-up undertaken by our staff, the Comptroller’s Office remains non-responsive to our requests to ascertain the status of settlements. 

In the hope of putting additional pressure on the city, we encourage you - the parent - to contact the Comptroller’s Office directly to request that the Comptroller expedite the review of your child’s settlement. Once you reach the Comptroller’s Office you will most likely be told that, since you have retained counsel, it is your counsel that must make contact with the Comptroller’s Office. We know this, but we also know that squeaky wheels get oiled. As a result, we believe that if enough parents make noise, the Comptroller’s Office will have no choice but to listen.

You can reach the Office of the Comptroller at (212) 669-3916. Please provide the Comptroller’s Office with your child’s nine-digit NYC ID Number and Date of Birth.

Augmentative Alternative Communication

Cocktails and Communication with AAC Connection  

Augmentative or alternative communication (AAC) devices are an invaluable tool for many children whose ASD or other neurological impairment impacts their ability to communicate.  If you are a family member or caregiver of a child who uses an AAC device, AAC Connection is hosting a “Talking AAC Happy Hour”:

Thursday, May 12
6:30 – 8 PM
460 West 34th Street
12th Floor
New York, NY 10001

Attendees will benefit from hands-on AAC instruction from experienced professionals and users in a fun, relaxed environment.   For more information on AAC Connection and to register, visit http://www.aacconnection.com/events.html.