Frequently Asked Questions - COVID-19 Health Emergency

 
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This FAQ page is specific to the current health crisis and is being updated regularly. If your question is not answered here, please reach out to your attorney.

ARCHIVED - THIS PAGE IS NO LONGER UPDATED AND CONTAINS OUTDATED INFORMATION

Click on each question to see its answer. Last updated: 7-13-2020

2020-21 School Year

  • When will schools reopen? (Updated 7-13-20)

    • On July 8, 2020 the Mayor announced the broad strokes of his administration’s proposal for NYC public schools this September. NYC DOE has created a new page on their website that you can bookmark for more information (“Return to School 2020”).

      The City’s stated intention is to provide what they are calling “blended learning,” a mix of in-person and remote learning that will vary by school building site with “most students” attending school “2-3 days per week.” Public statements by the Chancellor and emails to parents from IncludeNYC indicate an intention to provide full-time, in-person instruction to District 75 students as much as possible.

      On July 13th, New York State released the outline of its guidelines for reopening schools in the form of a PowerPoint. Formal guidance is expected July 15th. 

      Governor Cuomo says he will not be making a decision about whether or not to reopen schools until the first week in August.

      We continue to operate under the assumption that most of the private schools our clients attend will physically re-open in some form come September, 2020. Many have already announced their intentions to do so.

  • How does the timing of schools reopening affect when I must provide notice to the DOE if I decide to unilaterally place my child in an independent school for 2020-21? (Updated: 7-13-20)

    • When schools physically reopen has no impact on the legal timeline for giving notice to your school district. Your attorney must send a ten-day notice to the district on your behalf if you decide to enroll your child in a non-public school or program and seek reimbursement. For 12-month students the 2020-21 school year began on July 2nd; for 10-month students it will begin in September.

  • I received a 2020-21 school placement for my child from the DOE. How do I fairly assess and consider this offer when I can’t tour it? (Updated: 6-1-20)

    • Parents must make a determination as to whether the program and placement offered to their child will be appropriate based on the information available to them at the time that decision is made. Going to the school (when it is open) is usually the best way to learn about the placement site, but any research you do is helpful.  

      In recent weeks, many of our clients have received placement packages via email from the DOE that include this language in the email: You may visit the school, with the attached documents, when NYC public schools reopen.

      Within a placement package (which may arrive via email or mail) there is a document titled “SCHOOL LOCATION LETTER.” This document contains the name, address, and telephone number of the specific school placement for your child.  
      Generally, we are advising that your first step is to reach out to the school. If your placement is a 12-month program, you might inquire about reviewing a copy of the individual remote learning plan for your child, since we now know that summer 2020 services will be conducted through distance learning only.  

      Have a list of prepared questions ready when you call. This Skyer Law blog post from a few years ago about touring placements has some ideas of what you might ask, but in general you want to know if your child’s needs be met at this school and if the program on your child’s IEP can be implemented at this placement site. Your child’s current health care providers, therapists, and teachers, (and, if you are our client, your attorney case manager), can help you develop a list of questions that are most appropriate for your child’s situation.  

      Other tools you can use to do your own research online include the information published for each school on the DOE website and third-party review-based websites like InsideSchools and GreatSchools. Social media forums (mainly private Facebook parenting groups) for parents of children with special education needs may also be good venues for talking to families whose children attend those schools already. If you are worried about how far away a placement is, you might try using the directions feature in Google Maps to get a sense of how long (on the low end) a bus ride could take. If you are safely able to take a walk around the physical perimeter of the school, that may also provide you with useful information. But you can also use Google Maps to get a street view of the school building. Here is a tutorial on how to do that.  

  • If the DOE offers more in-person instruction than my private school can will that harm my case? (Updated 7-13-20)

    • As schools prepare for the fall term, many programs are looking at providing a mix of in-person and remote learning at the start of the school year. For parents who may be seeking tuition reimbursement for independent programs, many have asked whether their case could be put at risk if that private school does not offer as much live or in-person instruction as the program offered by the school district. 

      To be sure, the merits of every case are very individualized, so you should discuss these issues with your attorney. But the crux of a tuition reimbursement case remains the sufficiency of the IEP developed for your child. A child offered an inadequate classroom and services – albeit offered live and in-person – may well need to enroll in a specialized private school that is individualized to that child’s needs, even if that program is operating remotely due to the pandemic. The private school must establish that the education it is providing is sufficient to address the child’s needs.

  • I have an upcoming impartial hearing. How are these being conducted? (Updated: 4-6-20)

    • The NY State Education Department (NYSED) has issued guidance allowing impartial hearing officers (IHOs) to conduct their hearings by telephone (and more recently, videoconference). We have been doing hearings this way for a number of weeks now, and they are going very well. NYSED is also allowing IHOs to extend cases up to 60 days, instead of the usual 30 days, while schools are closed. NYSED says that this change is to allow for greater flexibility with regard to witness availability.If you have an upcoming impartial hearing, check in with your attorney for information on how your assigned IHO will conduct the hearing. You and your attorney will confirm witness availability.

      Will my settlement or pendency order continue to be paid as my child receives their services, however they are modified by the school/providers given the health crisis (remote learning, etc.)? (Updated: 3-17-20)

      Yes. The US DOE and NYS Education Department have made it clear to school districts that the obligation to special education students to provide FAPE is unchanged. The NYS Department of Education has referenced federal guidance in their most recently issued opinion:“If an LEA [Local Education Agency] continues to provide educational opportunities to the general student population during a school closure, the school must ensure that students with disabilities also have equal access to the same opportunities, including the provision of FAPE.”Settlement monies are coming in and they are being promptly processed by our office. You will have the option to receive these proceeds either by check mailed to you or via wire transfer.

IEP MEETINGS, TESTING & ASSESSMENTS

  • How are IEP meetings being conducted? (Updated: 7-13-2020)

    • In NYC, CSEs are conducting IEP meetings through telephone conference calls.

      If a CSE representative gives you a choice to postpone or to participate in an IEP meeting remotely, you should agree to do the meeting by phone. If there are extenuating circumstances that you are concerned about, speak to your attorney.

      If you plan to have providers, clinicians, or an attorney attend an upcoming IEP meeting, make sure everyone confirms their availability to participate. Provide any call-in information from the CSE team to those people and/or provide the CSE with their contact information.

  • The DOE scheduled testing for my child. Is this really happening and how? (Updated: 3-31-20)

  • If my child needs a neuropsychological evaluation, what do I do? (Updated 5-11-20)

    • First, reach out and speak to the neuropsychologist you are working with. Every situation is unique and every neuropsychologist practice we work with is approaching these challenges differently and on a case-by-case basis.

      Some neuropsychologists we work with have told us that they requested and received guidance from New York State informing them that they are considered essential workers. As such, some of them are able to continue their work in-person with social distancing and other safety protocols in place. If you are looking for a neuropsychologist who is able to offer in-person services, ask your case manager attorney for a list of names.

      If in-person assessments are not an option, it may be possible to do a comprehensive patient history, an interview of parents and teachers, and some testing and/or remote observations depending on the type of observations or assessments the neuropsychologist believes are necessary and the ability of the child to participate remotely. Follow-up office visits can and should be scheduled for later this spring or summer, if possible, to add to or complete any preliminary reports.

  • Am I required to take my child for an annual well visit to their pediatrician in order to update their school health form? Does my child still need to receive scheduled vaccinations? (Updated 6-1-20)

    • Your school health forms expire after one year from the date on the form. In New York State, your child’s school must have forms on-file that are current in order for that child to enroll in and attend school. This has not changed. These health forms require an in-person visit and cannot be completed via a telehealth appointment in most circumstances. Age-appropriate vaccinations also continue to be required for enrollment in New York State schools.

GENERAL QUESTIONS

  • I have left New York City temporarily. Is there anything I need to do with regards to the DOE? (Updated: 3-31-2020)

    • We recommend that our clients send an email to specialeducation@schools.nyc.gov and any DOE administrator you have been emailing with recently, and/or your local CSE Chairperson (or, for public school parents of school-age children, their school principal), and provide a cell phone number and an email address so that the DOE can reach out to you about IEP meetings, etc.

      You can look up contact information for your CSE regional Chairperson on the DOE website. Remember that your CSE region/district is only the same as where your child lives if they are preschool age or attend a public school. Parents of school-age children attending private schools must contact the CSE regional office where the private school is located.

      Here is sample email:

      Subject: your child’s name, NYC ID number 

      Dear DOE OFFICIAL’S NAME,

      I am the parent of CHILD NAME, whose NYC ID number is XXXXXXXXX and who resides at ADDRESS. 

      Please be advised that due to the current health emergency, my family is presently staying outside of New York City. I am happy to remotely participate in any CSE meeting, evaluation, or other activity. Here is the best cell phone number(s) and email address(es) for reaching our family. We are sending all of you our best wishes during this challenging time.

      Sincerely,

      PARENT

  • Does temporarily staying somewhere outside New York City impact my NYC residency for school enrollment purposes? (Updated 6-1-2020)

    • We know that many families have temporarily left New York City during the coronavirus pandemic, whether to shelter in a vacation home, rent another home, or to stay with family outside the city. 

      Some of our clients have asked us whether this could impact their New York City residency for school enrollment purposes. This is an individualized question best taken up with your attorney. But, generally speaking, you must maintain your permanent home in New York City if you intend to bring a legal action for special education services here, such as challenging your child’s IEP and seeking tuition reimbursement. 

       If you are staying outside New York City right now, you must intend to return here once the stay-at-home order has been lifted (your usual summer vacation plans are fine, of course), and you should maintain your tax filing, banking, voting records, car registration, etc., at your home address in New York City, and not establish permanent ties in a different place. And, of course, you cannot request services as a resident from any other school district. 

  • How do I contact the CSE if I need to—are their offices open? (Updated: 6-1-2020)

  • What is the DOE’s position on using the Zoom platform for remote learning? (Updated: 5-11-20)

    • On May 6th, the DOE updated their guidance to allow schools to resume using Zoom if they choose.

2019-20 CASES

  • What is happening with my 2019-20 case that isn’t resolved yet? (Updated: 7-13-20)

    • The majority of our active cases from the prior school year have been referred to settlement and are in active negotiations. If your case has not settled, your attorney will be contacting you to discuss the possibility of a hearing.

  • I was offered a “3-year deal” on my tuition reimbursement case by the DOE. Should I consider it because of this health emergency? (Updated: 4-1-20)

    • The majority of our tuition reimbursement cases that are settling have included offers of a three-year "renewable" stipulation. When these so-called “three-year deals” were first rolled out in 2017, we wrote in an update to clients that we did not find the language favorable. Since then, what we have learned has confirmed our general position; clients with these stipulations are no more likely to see their cases settle in subsequent years, and their cases have actually moved more slowly.

      That being said, clients should speak to their attorney case managers about their individual circumstances to make the best decision for their families.

REMOTE INSTRUCTION

  • Are DOE iPad loans available to students who attend non-public schools and need a device for remote learning? (Updated 5-11-20)

    • The DOE has announced that an additional 300,000 iPads are being made available for remote learning. Students at NYS Approved Non-Public Schools were added to the list of eligible recipients along with children with IEPs and IESPs who attend independent private schools. If your child does not have access to a remote learning device and attends a non-public school, you can now apply for one. 

  • Due to the severity and complexity of my child’s disability, they cannot learn through remote instruction. Can I choose in-person instruction for my child this summer?  (Updated: 7-13-20)

    • In May, the NYC Department of Education began to evaluate requests for in-person home-based services for students with “exceptional needs” on a case-by-case basis. Some of our clients have been able to arrange for in-person services this way.

      For the Extended School Year this summer: On June 5th, Governor Cuomo issued an Executive Order allowing school districts to provide in-person instruction for special education students who have IEP mandated school programs in July and August. At first, NYC indicated that they would not be providing in-person instruction for public school ESY students, but they later announced that in-person instruction for some therapeutic services and transitional services for some older students would be provided beginning the week of July 13th. 

      If you are in this situation this summer, contact your attorney case manager for guidance. 

      We all anticipate, based on the most recent public statements of state and local officials, that some form of in-person services will be available to children with disabilities in September.

  • My child was receiving CPSE services (SEIT and related services) before the stay-at-home order and they have not been able to receive these services remotely. Will they be able to make-up these sessions? (Updated: 4-6-20)

OTHER

  • Are my child’s rights under the Individuals with Disabilities Act (IDEA) at-risk? (Updated: 5-11-20)

    • On April 27th, U.S. Secretary Betsy DeVos submitted a report to Congress with her recommendations on waivers to the IDEA. We are greatly relieved that Secretary DeVos did not choose to recommend substantial waivers, saying, “While the Department has provided extensive flexibility to help schools transition, there is no reason for Congress to waive any provision designed to keep students learning."

      Thank you to everyone who wrote to their Congressional representatives. Disability advocates and parents of special needs children were heard loud and clear.

  • My child does not have an IEP or IESP and I had planned to request a CSE review. Is that still possible? (Updated: 4-6-20)

    • Yes. The DOE says on its website that parents can make a referral to the CSE by emailing the principal of their locally zoned school, by calling 311, or by emailing specialeducation@schools.nyc.gov.

      Although prior to the COVID crisis we would have clients send referral letters by certified mail we are now directing clients to email the appropriate CSE administrator (See the DOE website’s page for “Committees on Special Education” to find a list of CSE administrators and their direct emails for every CSE office). In your referral letter you should now include your email addresses and cell phone number. We suggest that you use the following language in your email referral: In light of the ongoing health emergency, I consent to any evaluation or meeting that the DOE wishes to do remotely. Here is my cell phone number (INSERT) and my email address (INSERT). Please notify me of all meetings by email.

      On April 6th, 2020 New York State issued guidance to relax school district compliance timelines for CSE referrals during this health emergency. The law normally requires that a school district conduct all evaluations, hold a review meeting, create an IEP, and issue a placement notice within 60 school days from the date the parents’ provided consent to the process (or around three months). This new guidance allows the DOE not to count the days when schools are closed pursuant to the Governor’s Executive Orders around the COVID-19 health emergency.  

  • Are residential therapeutic programs still admitting students? (Updated: 3-21-20)

    • Two educational professionals we work with, Brad Hoffman and Faya Hoffman of My Learning Springboard, have been in regular contact with therapeutic programs from across the country. They tell us: 

      “Many therapeutic programs are still open and admitting new students while taking extreme precautions to protect their existing student bodies. They are working with their state government agencies to take the appropriate precautions and to follow local health department regulations, which continue to evolve. Generally speaking, these programs are limiting or restricting visits on campus for parents as well as restricting non-essential visitors. For prospective families, they have largely moved to virtual tours. A few therapeutic wilderness programs have ceased admissions at this time for new students.”