Parents of Children Born in 2013: Next Steps in the Turning Five Marathon

Many of you are already leading the pack in the marathon that is the Turning Five process. Maybe you attended a turning five talk (or two) or battled the crowds at the special needs school fair. Perhaps you have completed or scheduled a neuropsychological assessment and toured a dozen or more schools. To take the tired marathon analogy further, you’ve hopefully learned to pace yourself.

But as 2017 races to close, it’s a good idea to get a handle on what’s still ahead.

First, if you are applying to special education private schools or a special program (ASD Nest, etc.) get those applications in as soon as you can. Many of the private schools and special programs have hard application deadlines of December 31st, and the ones with “rolling admissions” won’t have spots forever. If you are waiting for progress reports or a neuropsychological evaluation before you submit your child’s application—don’t. Even if your application is “incomplete” without some required document, unless the admission staff specifically tell you not to submit incomplete applications it’s usually better to send in what you have and indicate that a final report from Doctor Slowpoke or a quarterly progress report from Classroom Teacher Swamped is forthcoming.

Second, pay attention to the NYC Department of Education’s kindergarten process and make sure you are on top of cooperating fully.

In October, the NYC Department of Education’s Special Education Office sent out an important letter to parents of preschool children with IEPs who will be “turning 5” during the 2018 calendar year, and who are expected to enter kindergarten in September 2018. That letter explained that you should soon be receiving another letter from the Committee for Preschool Special Education (CPSE) notifying you that your child has been referred to the school-age program (CSE). It also explains that you are expected to participate in two parallel processes: 1. Applying to kindergarten by January 12, 2018; and 2. The kindergarten IEP process.

Even if you feel that your child’s needs could never be met in your local public school or that your child is not ready for kindergarten, you are still asked to apply for kindergarten through the regular Kindergarten Admissions application portal. While not mandatory, many of us who practice special education law believe that it demonstrates your willingness to be open-minded and cooperate with the process. Remember: kindergarten registration closes on January 12, 2018.

For the parallel kindergarten IEP process, you can expect a few things to occur. 1. You are encouraged by the DOE to attend a kindergarten orientation meeting for children with disabilities. Many of these meetings have already occurred, but there are a few more events scheduled for December. You do not need to RSVP for these events and the DOE does not (as far as we know) take attendance, although you can usually sign in at the school’s security desk. 2. You may be invited to an orientation meeting at your community school by your child’s CSE Review Team. These are the people who you will be working with you to create your child’s IEP. Try to attend this meeting if you are invited to one—but don’t be the squeaky wheel; just listen and learn what you can. 3. You will be contacted by the CSE Review Team to sign papers to give your consent to evaluations/observations of your child and to schedule a social history interview. Be diligent about cooperating with these requirements and use certified mail whenever you send any document to the DOE.

When all this is done… it’s time to wait. In the late winter/early spring you will begin to hear back from schools and programs you may have applied to, and the DOE should contact you to schedule your Turning Five IEP meeting. More on all that in a later blog post!


For (much) more information about the Turning Five/Kindergarten transition process, please see Regina Skyer's 2015 book, How to Survive Turning Five: The Handbook for NYC Parents of Special Education Children. Advocates for Children has also recently released the 2018 update for their kindergarten transition publication: Turning 5: A Guide to the Transition from Preschool Special Education to Kindergarten. The NYC Department of Education also publishes an annual guide: Kindergarten: An Orientation Guide for Families of Students with Disabilities Entering Kindergarten in Fall, 2018.

 

U.S. Commission on Civil Rights Seeks Comments on Disabled Students of Color and School Discipline

On Friday, December 8th, in Washington, DC, the U.S. Commission on Civil Rights will hold a public briefing: The School-to-Prison Pipeline: The Intersections of Students of Color with Disabilities. This briefing is part of an investigation into school districts’ compliance with federal laws designed to ensure the safety of students of color with disabilities against discrimination, and whether laws adequately protect these students from discriminatory disciplinary actions and policies.

It is important that stakeholders, including parents, opine given this opportunity. As we noted, quoting the NY Civil Liberties Union’s report, in a blog post related to a local hearing on this topic earlier this year, a child who is suspended from school is much more likely to “fall behind in school, be retained a grade, drop out of high school, commit a crime, and become incarcerated as an adult.” NYCLU reports that “[t]he best demographic indicators of children who will be suspended are not the type or severity of the crime, but the color of their skin, their special education status, the school they go to, and whether they have been suspended before.”

The briefing begins at 9am and will be available to all via live-stream and a call-in line (listen only): 1-800-479-9001, conference ID 836-2937. If you happen to be in the DC area and wish to attend, you can find information about how to do so in the Commission’s meeting notice.

If you wish to submit comments for consideration as the Commission prepares its report, they are accepting submissions for 30 days following Friday's briefing and forum. You can email your comments to schooldiscipline@usccr.gov.  It’s important to note that any comments that the Commission receives become a part of the public record. A full privacy statement is available on the U.S. Commission on Civil Rights’ page about public comments.

Happy Holidays from The Law Offices of Regina Skyer & Associates, LLP

In this season of gratitude, as we reflect on all we have in our lives, we are humbled and truly grateful to be able to spend our days in the service of so many amazing children and their families. Every day, when you come into our offices, we are inspired and energized by your determination to fight for your children. We are all called to do our part to build a brighter tomorrow—but you, our parent clients, are the warriors.

Despite all that is ill in this world, we hope that this may be a moment of cultural awakening to neurodiversity, respect for those with physical differences, and greater recognition of the potential of those who learn, grow, and appear differently. We are buoyed by movies like Wonder, an explosion of television shows like Speechless and The Good Doctor, and too many good books to count—including the incredible Judith Newman’s bestselling 2017 memoir To Siri with Love: A Mother, Her Autistic Son, and the Kindness of Machines (she just happens to be a client of the firm!). These cultural touchstones matter; they allow the rest of society to adopt a different point of view and move towards empathy and understanding.

On the legal front, this was likewise a watershed year. The Supreme Court’s Endrew F. decision in March unanimously affirmed what we have long fought for: that “every child should have the chance to meet challenging objectives.” The impact of this historic ruling will be felt across the nation for generations. School districts are on notice that accepting the bare minimum in educational progress for children with IEPs is no longer acceptable in the United States of America.

Things are shifting, and you are an important part of this shift. Not just for what you do to secure your child the education they need and deserve, but also in all those less-noticed moments when you take the time to educate an ill-informed neighbor, make a fuss and demand equal access for your child in the community, call your legislators about policy issues affecting kids with special education needs, or call out discrimination when you see it. As you clear the path of clutter, you may not see the next parent and the next child who walks along the path, but they travel more easily because of your efforts.

Some of you have children who are able to tell you that they appreciate your fierceness and your love. Others may not hear these words spoken; but we promise you: they know. As a child, you know when someone has your back. You know when you are loved and when you are cared for.

But you still deserve to hear it. So we will say it: Thank you for all you do for your children.

From all of us at the Law Offices of Regina Skyer & Associates, have a wonderful holiday season!


Last chance to register for How to Survive an Impartial Hearing, December 1st, 8:30am-1:30pm. More details and registration via Eventbrite: https://www.eventbrite.com/e/how-to-survive-an-impartial-hearing-tickets-38285069674

Turning 5 Workshop in Queens Tuesday, Nov. 7th by Special Ed Advocate Sarah Birnbaum

Following our two turning five talks this fall, several parents have asked if there will be any more opportunities to attend kindergarten transition workshops this year.

We will announce Skyer Law's spring workshop opportunities in the months to come, but, in the meantime, special education advocate Sarah Birnbaum is holding her final event of the year in Queens on Tuesday, cosponsored by Touro College and Queens Special Kids.

Sarah Birnbaum is at the top of her field. She is knowledgeable, passionate, and skilled at helping special needs parents understand this complicated process. It's well worth attending one of her events.

Date: Tuesday, November 7th, 6:00-8:00 pm
Location: Touro College Graduate School of Education
71-02 113th Street, Forest Hills (main floor)
RSVP: sarah@nyspecialneeds.com

 

Register Now for “How to Survive an Impartial Hearing" on December 1st

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We are less than a month away from Skyer Law's How to Survive an Impartial Hearing conference—and there is still time to register. If you are a special education parent, clinician, therapist, teacher, school administrator, or any other person who might be called to testify at a due process impartial hearing, then this free half-day conference is for you. 

At some point in a special education student’s schooling years a family may face an impartial hearing. For the parents, as well as the educators, clinicians, therapists, and the school administrators who care about that child’s educational progress (and may be called to testify), this is often stressful news—and that’s understandable. There is a lot is on the line.

On December 1st, a distinguished group of special education lawyers from the Law Offices of Regina Skyer & Associates will demystify the impartial hearing process by staging a mock hearing of a tuition reimbursement case. We will also take time to discuss some of the critical laws and procedures and answer as many audience questions as time allows.

Coffee/juice and light refreshments will be served. Registration is required as space is limited.

When: Friday, December 1st, 8:30 AM – 1:30 PM
Where: The Forchelli Center, Brooklyn Law School, 205 State Street, Brooklyn, NY
Questions? Email ekaiser@skyerlaw.com