Turning 5 Workshop

How to Survive Turning 5

Free Workshop on Thursday, October 27

For parents of preschool-aged children who receive special education services and therapies, transitioning to kindergarten can be overwhelming. 

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

Join us for a free workshop where the Skyer Law team will explain your legal rights, walk you through all of your placement options, and share strategies to position yourself for the best possible kindergarten placement.   

Thursday, October 27

7 – 9pm

Brooklyn Conservatory of Music
58 Seventh Avenue
Brooklyn, NY 11217

Register today.

 How to Survive Turning 5 is available on Amazon.  

CAUGHT IN THE CROSS-FIRE

For the entire month of August and these early days of September the paralegals and lawyers at our offices have been hounding and chasing the New York City Department of Education to get our parents the tuition reimbursement payments they are entitled to.  Talk about a frustrating experience! 
There are never simple solutions or answers to complicated problems, and this certainly holds true when dealing with a limping bureaucracy that is responsible for over 1.1 million students and a budget of $26+ billion dollars. 

So here’s what is being told to us and what we believe is happening.

For those of you with signed stipulations you are on the queue for payment.  As frustrating as it is, our answer is that it’s just a matter of time until you receive the agreed to monies.  Think of yourselves as standing on a line with thousands before and thousands after you.  Once the DOE makes a partial payment they take the file and place it on the back of the line, rather than keep it open and having it ready for the final payment.   There is no doubt that you will get your payments - it’s just the wait.  We are repeatedly told by the DOE that this is civil litigation and getting the city to pay on a claim within 18 months is the fastest that they ever pay.  The crux of the problem is that the Mayor has promised otherwise, and we all believed that promise. 

Additionally, we are told by DOE administration that the department that actually cuts the checks was short staffed over the summer and could not keep up with the volume of work.  They have re-deployed people from other departments to assist but this has not helped. We are hoping that now that everyone is back from summer vacation the monies will flow faster.  Our bookkeeper Frank Rivera is now working overtime to process paymentsthe day they come in.  We call and write to the DOE every single day, we have not forgotten about you.

For those of you still awaiting Comptroller approval for the signature on a stipulation, we are reviewing each file and assessing the risk involved in putting the case back on the calendar for an actual hearing.  The battle between the Comptroller and the Mayor is no doubt a political battle, with the ultimate question of , “Who are you going to vote for next year?” A Mayor who makes hollow promises or a Comptroller that believes the Mayor has given away too much money? 

School Bus Transportation

If your child is eligible for bus transportation, you can now check their route on the Office of Pupil Transportation website by selecting the link to “Find Student Transportation Information.” 

You will then need to enter your child’s birth date, and their nine-digit NYC ID, also called the OSIS number.  You can find your child’s ID number on their IEP, public school report card, or the first page of your Stipulation agreement.   

From there, you will see a webpage which includes:

          The bus company name; which will be displayed on the side of the school
 bus picking up your child. 

The bus route number; take note of this number, as you will be asked to
 reference it when making inquiries. 

          Time of the start of the route; this is the time that the first rider on the bus
 will be picked up.

          The sequence of your child’s pick-up; this is the number of students,
 including your child, who will have been picked up once your child boards the bus.  For example, Sequence = 8, means that seven other students were picked up before your child, who is the eighth to be picked up.

          If your child’s information is not listed on the website, email or call OPT.

Additional Tips

          While the bus company staff will be in their offices very early in the morning, it is not uncommon to be placed on hold for a very long time – if your call is even answered.  Start calling early and be prepared to hit redial.

          Be ready for unpredictable route fluctuations for at least the first two weeks of school.  Make morning and afternoon arrangements as necessary, and be prepared to wait.

          If your child is attending their school for the first time, it is a good idea to take them yourself on the first few days.  Inquire with the school directly so you are aware of their morning drop-off procedures.

          It may also be helpful to be at the school at dismissal time, so you can speak directly with the driver and bus matron to confirm details for the next morning’s pick-up.

          Finally, many of our parents have purchased GPS tracking devices to monitor their child’s location in real time.  Being able to track your child’s progress to and from school allows you to manage logistics more efficiently, and can also provide you with a peace of mind.  

Runway of Dreams

Designer Clothes for Kids with Special Needs

As parents of children with special needs, managing the everyday tasks that may otherwise be taken for granted can be a challenge.  New Jersey mom, Mindy Scheier, met the daily challenge of dressing her son Oliver, who has rigid-spine muscular dystrophy, with style – literally. 

            A fashion designer by trade, Scheier created designs with features helpful to a range of disabilities, including magnetic closures and adjustable necklines.  She has since partnered with Tommy Hilfiger, whose 2016 spring collection features children’s pieces with her design modifications. 

            To learn more about Scheier’s nonprofit organization, visit the Runway of Dreams website. 

Settlements for the 2016-2017 School Year

          For kids, late August means morning playdates in the sprinklers, ice cream cones for afternoon snack, and later bedtimes.  For parents, this time of year signals back to school preparation.  And for those parents whose children have special education needs, that prep extends well beyond a trip to the office supply store.  Instead, many of you have been forced to find a private school placement and independent services for your children, and you spend the dog days of summer awaiting news on whether the DOE will settle your subsequent tuition reimbursement claim. 
          Here at Skyer Law, we are working diligently to help you obtain the highest tuition reimbursement amount possible for this upcoming school year.  On Monday, August 22nd, we will be filing close to 1,000 notices with the Department of Education, in accordance with the statutory deadline.  Each notice informs the DOE of a student’s placement in private school, and instructs that reimbursement for the program’s 2016-2017 tuition will be sought unless the department provides a remedy in the form of an appropriate public school placement, and Individualized Education Plan by the start of the school year.
         Although our ultimate goal is to avoid costly and stressful litigation, we draft each notice as though the case will proceed to hearing.  By doing this, we are preparing the foundation for negotiating the maximum tuition reimbursement settlement amount possible for each client.  In the notice, we detail the substantive and procedural errors in the CSE process, and IEP document; identify specifically how the recommended program does not provide an educational benefit to your child; and outline why the offered school placement is inappropriate.  
          In theory, the DOE has ten business days to officially address the presented issues, though parents who have been through this process in previous school years, can attest to that not being the practice.  However; according to the mayor’s policy, the DOE has been directed to inform our firm of their decision to settle a case, or move forward with litigation, within 15 days of receipt of the notice.  The moment we receive the DOE’s written response, your case manager, or the paralegal assigned to your case, will reach out to you with next steps.  Please note: If your child has a 12-month IEP, your notice was filed in June.