NYC Must Address Tuition Reimbursement Delays

Image: A piggy bank drowning.

In 2014, Mayor Bill De Blasio announced his Special Education Initiative, pledging to ease the burden on parents with private special education tuition and fee claims by expediting decisions, reducing extended legal battles, reducing paperwork, and expediting payments.

We were cautiously optimistic. But four years later, we are heartbroken for our families. The city took something already broken and found new ways to shatter it.

The best thing you can say about the change we’ve seen since 2014 is that the DOE’s decision to settle on a ten-day notice is being made a little more quickly than in the past. However, the execution of settlement agreements is far too often deferred for many months longer. Depressingly, paperwork requirements have actually increased with the supposed move to “monthly” payments. And, most disastrously for our modest income families (and schools accepting Connors or pendency placements), payments to parents and schools are more delayed than ever.

This is a citywide problem affecting every lawyer in our bar and every school and private provider of special education services. Schools, parents, and attorneys can dot every ‘i’ and cross every ‘t,’ and call with polite reminders until they are hoarse, but the only thing dividing the parent or provider who receives a timely payment from the one who must refinance their loan is luck of the draw. It isn’t fair, and it isn’t right.

Last year, Council Members Dromm, Kallos, and Garodnick wrote to the Mayor to describe how these systemic delays were impacting their constituents. The DOE's General Counsel Howard Friedman wrote back and acknowledged the delays, but pointed the finger at the NYC Comptroller and “new administrative systems.”

We began the 2017-18 school year hopeful, but sober, and unfortunately we have not seen any real effort to address these issues. Earlier this week, we wrote to Mayor De Blasio and Chancellor Carranza to once again detail our concerns and demand that the City make good on its promises to the families of special needs children in New York City. We will keep you updated on any replies we receive. If you wish, you can forward this letter to your local City Council Member with a personal note about your own family’s experience. Every bit of advocacy helps.

Join Us for an Adaptive Surfing Event July 28th at Far Rockaway Beach!

Every year hundreds of volunteers, people of all ages with spinal cord injuries and other mobility disabilities, and entire families, come together for an epic day in the ocean. Founded by world champion quadriplegic surfer Jesse Billauer, Life Rolls On is dedicated to improving the quality of life for young people affected by spinal cord injury. 

They Will Surf Again is an annual, free adaptive surfing event at Beach and 67th Street in Rockaway Beach organized by Life Rolls On. We are very proud to be one of the official sponsors of this incredible event via the INA Fund. The INA Fund is a nonprofit established by attorneys at our office in the memory of Ina Cangiano, the late mother of Skyer Law partner Greg Cangiano, who dedicated her life to working with special needs children as a guidance counselor.

Many of our lawyers and staff volunteer for this exciting event each year. And there is still time to register as a volunteer or as an adaptive surfer! Volunteers must be at least 18 years old. Please consult the FAQ for Adaptive Surfers page for more information for participants. Registration closes on July 18th.

Touring School Placement Offers

Image: An empty elementary school classroom with desks, a white board, and posters on the walls. 

You’ve had your IEP meeting, and now you are waiting patiently for your placement offer from the Department of Education.

If your child is receiving special education services for the first time, a school placement offer must come within 60 school days of when you provided consent to evaluate your child. If your child is already receiving special education services and you have had an annual IEP review meeting, it will simply arrive sometime before the first day of school.

But if the placement offer doesn’t arrive with enough time for a parent to arrange a visit to tour the proposed placement, or if no placement letter arrives at all, or if the placement site refuses to allow you to tour—share this with your attorney or advocate. Some Impartial Hearing Officers view a district’s refusal to allow a parent to observe a proposed placement as evidence that it is not appropriate.

But let’s assume that the placement offer arrives with plenty of time to schedule a visit and that the site is welcoming and happy to accommodate a tour. You grab a notebook and a pen and head out the door for the visit with an open mind—but what are you there to observe exactly?

First, let’s talk about what you see. The person conducting the tour may have a route in mind that will no doubt include the classroom, but you should also ask to see (as applicable):

·         All spaces your child will be educated in (for ST, OT, PT, and any other pull-out related services and specials like art, gym, music, etc.)

·         Nursing and counseling offices

·         The hallways during the transition between classes

·         The cafeteria during lunch time

·         The playground at recess

·         Arrival/Dismissal (or you can do this on your own standing outside the school)

What observations you make note of and what specific questions you ask will necessarily be tailored to the unique needs of your child and the type of program you are touring. We’ve put together a list of general questions to give you some ideas.

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·         Can my child’s IEP be implemented at this site? Does the school offer the class type/ratio listed on your child’s IEP? Can the school offer the related services your child is mandated for (number of sessions per week, correct length of sessions, group vs individual sessions, push-in vs pull-out)? Can the school serve all the health and physical management needs listed on your child’s IEP?

·         Is the staffing appropriate? Is the staff trained to accommodate your child’s communication, health, behavior, and safety needs? If there is more than one teacher, are both teachers there all day? What role do classroom paras play? Is there special education support during ‘specials,’ like music or art? Who will be with your child during lunch and recess, for bathroom trips, to and from the bus, and between classes?

·         Is the peer group appropriate? Enrollment obviously changes a little from year to year, but based on the current peer group: What are the behavior management needs in the classroom and how are they managed? What is the age range? Where is the class academically in terms of math and reading? How many students have IEPs? How many students total? What classifications do children in the class have? How many children are verbal? What behavioral or social expectations will your child have to meet to be successful in this class? Will your child have access to other kids who make sense as learning peers?

·         Is the physical classroom space appropriate? Is the classroom large enough to accommodate the students and children comfortably and safely? Is there light? Is there a sensory break space? Are there appropriate seating and work spaces for your child? Where is the bathroom in relation to the classroom? What kinds of toys, books, puzzles, and other materials are in the classroom and do they make sense for your child’s level of functioning? What physical modifications are made for children with adaptive, sensory, and physical differences? If 1:1 related services are provided in the classroom, where does that take place?

·         What other settings will my child be educated in? If related services are pull-out, are those rooms appropriate (noise, equipment, etc.)? Will your child be able to get adaptive physical education or regular PE outdoors or in a gymnasium, and how many other children will be using that space when your child is there? If your child moves between classrooms for different subjects, where are those rooms in the building and does someone accompany your child? Will your child be using elevators and stairwells? How many students are in the halls between classes?

·         What methodology and modifications are used in the classroom? Is there a specific methodology the teacher uses? How does the teacher modify curriculum or organize the classroom to support the students?

·         What common spaces will my child use and how? How big is the school? How many students are in the building in total? What is the age range of the students in the building? Where will your child eat snacks and meals, how will they get there, and who will supervise them? If there is a cafeteria, how many other students eat at the same time? Where is bus line-up and how is that managed? Where is recess, how is it supervised, and how many other students will have recess with your child?

·         Are there safety concerns? What is the school’s safety record (injuries, elopement, etc.)? How many exits does the building have and how are they secured? How are halls, stairwells, closets, elevators, windows, etc. supervised and secured? How are allergies managed?

·         Is the school accessible? Can your child physically navigate this environment as independently as they are capable of?

·         What are the inclusion opportunities?  For self-contained placements, what opportunities are there for your child to interact with mainstreamed peers? Will your child participate in all school functions, extra-curricular opportunities, and school trips?

·         How far from my home is the school and how long will it take my child to get here?

After you have toured, you will need to decide if you want to accept the district’s placement offer. If you decide to reject it, you should consult with your attorney or advocate about your next steps.

The Administration Policy of Family Separation at the Border is Morally Abhorrent—and Violates IDEA, ADA Laws

The following statement concerning family separation at the US/Mexico border was released yesterday by the Council of Parent Attorneys and Advocates (COPAA).

“Statement Calling for a Halt to the Practice of Separating Children from their Parents

The Council of Parent Attorneys and Advocates (COPAA) exists to protect the rights of children with disabilities.  The Administration’s inhumane and intolerable practice of separating undocumented children from their parents, who know the children best and who speak their familial language, ensures that the rights of children with disabilities are not protected. All children impacted and interned have rights under federal law. Children with disabilities are covered under the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, yet the system in place that forces separation does not allow for full disclosure and understanding of what needs such children may have nor does the current structure allow for the identification of suspected disabilities as required by IDEA and Section 504. Equally as disturbing is the fact that separation is occurring when the research is clear that such forced separation causes complex stress in these young victims.  Such toxic stress results in physiological changes in the brain which can disable a child’s ability to learn, alter the physiology of a child’s developing brain, and inhibit the performance of daily activities such as thinking, reading, and learning. COPAA calls upon the Administration to halt the practice of separating families now and work immediately to find humane and legal means to address the immigration challenges we have at our nation’s border”

— Council of Parent Attorneys and Advocates (COPAA), June 19, 2018

COPAA is a national advocacy organization promoting the legal and civil rights of students with disabilities and their families. The Law Offices of Regina Skyer & Associates are proud members of COPAA, and our firm’s partner Jesse Cole Cutler is a board member.

If you are looking for ways to help families separated at the border, the Texas Tribune has published a comprehensive list of respected organizations who are engaged in that work and the form of assistance they are seeking.

Happy Mother’s Day (from one special needs mom to another)

by Tracie Smith

For those of you who don’t know me, I’m Tracie Smith, one of the paralegals at Skyer Law. When you call the office and hear an Australian accent greet you, that’s me.

I’m also the mom of two beautiful kids. My oldest daughter will be 9 next week, and I’m thankful for her learned patience and fierce advocacy (even at this age) for her autistic brother who is 6. My son is (as I like to say) “currently” non-verbal, and he’s also one of the sweetest little fellas you’ll ever meet.

Mother’s Day is filled with a lot of emotions for us special needs moms, grandmas, guardians, and other mother figures in our children’s lives. As a mom, there will always be doubts—am I getting my child enough speech, OT, PT, ABA, Floortime, music therapy, etc.? We can’t do everything. Trust that what you’re doing is enough, because you are mom and moms know best!

There are a lot of Mother’s Day articles written for other kinds of mothers, and plenty of well-wishers will tell  us to celebrate this day with “me time,” to find a great book, take a yoga class, be pampered, and relax, and, let’s face it, we, more than anyone deserve it! I hope that some of you manage to get a real break today. But for the moms like me who are just hoping the day goes smoothly and without any drama, my wish is you get that day.

I know there are many of you who won’t get a “Happy Mother’s Day” spoken out loud by some or all of your children this weekend. But please trust and know that your child loves you and you are doing awesome. I know you are doing awesome because I talk to so many of you every single day, and I hear in your voices and in your words how much you do for your children. If your child cannot “currently” talk like mine, I want to say on your child’s behalf: Happy Mother’s Day, Mom. Thank you for all you do. You are my everything.