Greg Cangiano to speak on “Special Needs Advocacy and Resources” panel in Queens on May 3rd

Regina Skyer & Associates senior partner Greg Cangiano will speak Wednesday, May 3rd at 7:30pm on a panel titled “Advocacy and Resources to Your Special Needs Child” at the Reform Temple of Forest Hills in Queens.

This free panel discussion is aimed at New York City families who are still learning what resources are available for their special needs children and what advocacy entails. Along with Mr. Cangiano, the panel will include veteran special education parents, a school psychologist, an educational administration professional, and a pediatric neuropsychologist.

All are welcome to this free event. If you know someone who is at the beginning of their special needs parenting journey, please share this opportunity with them.

Directions: The Reform Temple of Forest Hills is located at 71-11 112th Street in Forest Hills, Queens. LIRR: Forest Hills Station; Subway: Forest Hills - 71st Avenue on the E/F/M/R lines; Bus: Q60, Q23, or Q65.

DOE responds to NYC Council Members on Tuition Reimbursement Delay Issue

We have reported to you extensively about our efforts to advocate for an end to the unacceptable delays in tuition reimbursement payments to our clients. When we last updated you, we reported that, at our request, City Council Education Committee Chair Daniel Dromm, along with Council Members Ben Kallos and Daniel Garodnick, sent a powerful letter to Mayor De Blasio, asking him to honor the commitments his administration made back in 2014 to special needs students and their families.

The Department of Education has now responded to the Council Members' letter, admitting that there have been problems and that there is room for further improvement. It's good to hear that the DOE is cognizant of this and we are hopeful that they will improve their process for 2017-18 based on this stated understanding. The full DOE response is embedded at the bottom of this article. (If you are reading this via our email list, you will need to visit our website to view the letter.)

In its letter, the DOE also made it clear that a significant factor contributing to delays is out of their direct control. Namely, they pointed to rules governing NYC Comptroller approval. Here is what they said:

As noted, as part of the settlement process in each case, DOE submits memoranda and supporting documentation to the New York City Comptroller in which it seeks settlement authority from the Comptroller. One of the challenges of the new process and its subsequent expansion had been a significant increase in the volume of requests to the Comptroller's office, in a concentrated period, resulting in lengthened review time. The Comptroller's office has since built administrative systems to speed up its review process. However, such systems have resulted in new, and more complex requirements that must be followed by the DOE.

We are very grateful to our elected officials for taking action on behalf of our client families. If you have a moment, particularly if you happen to be a constituent of Council Members Dromm (District 25, Queens), Kallos (District 5, Manhattan), or Garodnick (District 4, Manhattan), please take a moment to thank them for their efforts on behalf of New York's special education families.

We will continue to update you as we move forward with our advocacy efforts.

Pilot Program for New Independent Living Community (BASE) to Launch in 2018

Planning for “our kids” doesn’t stop after high school. That is why we are so excited that one of our clients—and talented parent-champions—MZ Goodman is working to establish BASE, a residential community in NYC for high-functioning young adults, ages ~20-35, who have learning or social challenges. BASE will provide support and innovative programming to enable young adults to live independently, find community, and build life skills.

MZ, the force behind BASE, is a consumer product strategy and development expert who has worked with The New York Times, Ralph Lauren, goop, and Glossier. She is the mother of a terrific son with learning disabilities.

If you are interested in becoming involved or want to join the BASE mailing list, please go to the BASE website and complete the questionnaire, or email MZ Goodman.

Regina Skyer Discusses the Endrew F. Supreme Court Decision on NPR's The Takeaway

As we reported to you last week, our founding partner Regina Skyer appeared on NPR's The Takeaway to discuss the Supreme Court's landmark decision earlier this month, Endrew F. v. Douglas County School District, in which the court ruled unanimously (8-0) in favor of a special education student. 

For anyone who missed hearing the show live, the clip from March 23, 2017 of The Takeaway can be found on NPR's website: http://www.wnyc.org/story/scotus-hearings-continue/

A Landmark Victory: Supreme Court Rules Unanimously For Special Education Students

Regina Skyer will be discussing the Endrew F. ruling live on NPR’s national show The Takeaway today (Thursday) at 9:20AM. Tune in at 93.9 FM and AM 820 or click on the livestream on WNYC’s website http://www.wnyc.org/. 

The Supreme Court returned a landmark unanimous (8-0) decision in the case of Endrew F. v. Douglas County School District in favor of a special education student. We are thrilled that the Court has taken such a clear and strong stand, powerfully affirming the spirit of the Individuals with Disabilities Education Act (IDEA).

As we first reported to you in January, when five senior attorneys from our office traveled to Washington DC to listen to oral arguments, the Endrew F. case concerns a fourth grade student with autism named Endrew F. whose parents enrolled him in a private school specializing in autism for which they sought reimbursement from their school district in Colorado. The district argued that they shouldn’t have to pay because in his prior public school program Endrew F. had made “some” educational progress. The parents’ attorneys argued that Endrew F. was entitled to a “meaningful” educational benefit.

What the Court has decided is that in order for a school to meet its substantive obligation under the IDEA “a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” The Court rejected the school district’s argument that for a child to receive a free and appropriate public education the IEP only need provide some de minimis (minimal) benefit to the child—as opposed to no benefit at all.

In their written opinion, the Court explained that the IEP “must aim to enable the child to make progress,” and while not every child may be in a mainstream classroom, “every child should have the chance to meet challenging objectives.”

What this means practically is that whether an IEP is adequate will turn on the child’s unique circumstances and needs and the procedures for developing their IEP. This is big news for New York state residents because the Second Circuit (which New York State is a part of) has long subscribed to the absurdly low de minimis standard. However, with the help of today’s historic decision, we look forward to holding our school districts to a higher standard.

The decision itself is only 16 pages long and special education families will be familiar with much of its language and concepts. Don’t be intimidated—read it. This is a historic moment and one to celebrate.