Guidance Transfers

DOE Policy Change: “Guidance Transfers” are Now an Option

 by Ashley Barad

          Surely, anyone who has tried to seek options for transferring between New York City Schools knows that it is no easy feat. For more than a decade, the Department of Education has restricted transfers for students, granting them only in the case of serious safety risks, medical issues, or even extreme commutes. According to the DOE, limiting school transfers was meant to benefit students, since it would ensure a consistent academic environment for students from year to year.

           However, recent reports show that the barriers placed on school transfers have negative outcomes for students. Several students found themselves unable to switch out of violent schools if they could not prove themselves to be personal victims of violence, and others were forced to remain in specialized high schools whose limited course offerings no longer satisfied their changing interests.

          While there are certainly still restrictions in place, it will now be a little bit easier to switch your child’s school placements. Last Wednesday, the Panel for Educational Policy declared that parents can request a “guidance transfer” if their child “is not progressing or achieving academically or socially.” According to this policy, officials will be able to request and review evidence on a case-by-case basis, and district superintendents will approve transfers requested for academic accommodations.

Click Here to read the full article on Chalkbeat.

Making Strides Against Breast Cancer Walk

Join us in Supporting the American Cancer Society!

We at Skyer Law are devoted to making positive change, and we work hard every day to ensure that the students we work with receive the quality education they deserve. On October 16th, we will be taking this passion and directing it towards the Making Strides against Breast Cancer walk in Central Park.

Click Here to support our team, Sky’s the Limit!

Our participation in this event is important to us because it will not only help raise funds for cancer research but will also spark awareness within and beyond our office. By walking among others who support this cause, we will broaden the network of people who actively support breast cancer research and we will provide a support network for those families who have been affected by the disease. We know that the American Cancer Society is the leader in the fight to end breast cancer, and we know that our team will help ACS achieve its goals.

The donations our team raises will enable investment in groundbreaking breast cancer research and provide free information and services for those diagnosed with the disease. More than 3.1 million breast cancer survivors will celebrate another birthday this year!

Early Intervention

Although the majority of our work involves helping children who are 3 and older, we cannot tell you how often we hear heartbreaking stories of parents who did not know they were entitled to FREE EARLY INTERVENTION (“EI”) services.  Or we meet parents who were aware that EI existed, but they were told by EI officials that their clearly struggling child was “ineligible.”   In fact, it shocks us how many of these clients whose parents say they were turned down by EI, are later diagnosed with a myriad of disorders, including Autism.   

As a Parent, you have the right to a comprehensive evaluation of your child - this is called a MULTIDISCIPLINARY EVALUTION (MDE), and is defined below.  And if your child is not deemed eligible, you have the right to fight that determination.  As you would expect, time is of the essence because your child is only eligible for EI services for such a short period of time, so we want to reach as many of you as early on as possible, so that you can successfully navigate the EI process.   

To this end, we are currently working on a sequel to Regina’s popular “How to Survive Turning Five” entitled “How to Survive EI”…. Stay tuned! 

                REFERRING YOUR CHILD IS EASY and takes seconds

So don’t put it off!

Professionals such as doctors can refer your infant or toddler to the EIP, unless you object, when there is a concern about your child’s development. If you have a concern, you can also refer your child to the Early Intervention Program in the county where you live. County contacts can be found online at: www.health.ny.gov/community/ infants_children/early_intervention/county_eip.htm Or, you can call the “Growing Up Healthy” 24-hour Hotline at 1-800-522-5006; in New York City dial 311

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?