Skyer Law’s FAQ on the COVID-19 Health Emergency continues to be regularly updated.
Below are new or updated items only. To read the full FAQ, please visit our website.
Does my non-public school have to follow the shortened spring break schedule announced on March 31st by the DOE?
While NYC public schools will now only be taking April 9-10 for the spring break vacation, independent schools are not obligated to follow the school district’s vacation schedule. Having a different vacation schedule should not impact funding for an independent private school program. These schools must, as always, simply demonstrate that they are providing an appropriate educational benefit to their students. NYS approved non-public schools, however, must abide by state rules and will need to adjust their calendars.
I was offered a “3-year deal” on my tuition reimbursement case by the DOE. Should I consider it because of this health emergency?
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.
My child receives SETSS, SEIT and/or related services (speech, OT, PT) from an independent provider—but they have not received those services since the schools closed. Some providers are saying that they are not yet authorized to provide services, while others are doing so. What is allowed?
Any failure of the DOE to offer these services on an “equitable and comparable basis” to what has been offered to public school students would be inequitable and, as we see it, a violation of law. If you are our client and your child is experiencing this issue, please reach out to your attorney case manager immediately.
There have been confusing and conflicting messages from the DOE as well as from some of the agencies that provide these services. NYC public school students began receiving their related services via distance learning on Monday, March 23rd.
Authorizations and instructions for independent (non-DOE) SETSS and SEIT providers as to how they can provide services and be paid for them were sent out Wednesday, March 25th. Comparable instructions for independent related service providers were provided on Tuesday, March 31st. All these providers should be able to work with their clients and be paid.
Our first goal is to get everyone’s services restarted as quickly as possible, but your attorney case manager can also discuss pursuing compensatory relief for your child.