2015-2016 Settlement Agreements Stalled in the Comptroller’s Office

Parents Forced to Wait Months for Approval

            As we reported in our blog entry on May 3rd, the tuition reimbursement process is being stalled within the NYC Comptroller’s office.  The Comptroller, Scott Stringer, is responsible for reviewing and approving all City contracts, including the Stipulation of Settlement agreements between the DOE and parents of children with special education needs.  Agreements are not released to be counter-signed by the DOE until this review and approval process is complete.  Unfortunately, when undertaking this duty, the Comptroller has not been adhering to the Mayor’s 2014 Policy Initiative to expedite these agreements.
            In addition to our staff’s aggressive follow-up on behalf of clients left in limbo, we are working in concert with a number of other special education agencies and firms to continue to pressure the Comptroller to adhere to the policy.  In response, the Comptroller’s office met earlier this month to discuss the internal review and approval process, and we are beginning to see an uptick in the number of agreements that are moving forward.  We have also learned that as a result of the push-back the office has received directly from parents, the office is scheduling a second meeting at the end of this month to further discuss the delays. 
            We therefore urge parents to continue to contact the Comptroller’s office directly at (212) 669-3916.  In doing so, you will likely be told that any response from a Comptroller’s office representative to a parent who has retained counsel is limited to a prepared statement.  We advise you to indicate that your legal representative has advised you to make direct contact and to insist upon a status of your child’s case.  You will need to provide your child’s date of birth, along with their nine-digit NYC ID number (also referred to as their OSIS number) which can be found on the first page of the Stipulation agreement.

Congratulations Graduates

Bay Ridge Preparatory Class of 2016

High school graduates from the Bay Ridge Preparatory School in Brooklyn, are excited to take the next step in their educational journey to universities and colleges including American University, Boston College, NYU, Pepperdine University, Sarah Lawrence College and University of California, Berkley.  Among these 66 proud graduates, are students who participated in the Achieve Program and the Bridge Program.

The Bay Ridge Prep Achieve Program is designed to provide a layer of support to students who require additional academic assistance.  This support is offered as a combination of classroom work and supplemental small group work.

The Bridge Program at Bay Ridge Prep is designed to address the needs of students with diagnosed learning differences.  The goal is to maximize the learning potential of each student through the development of a focused, individualized educational program. 

To learn more about Bay Ridge Preparatory School, visit the school’s website.  

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.