UPDATE to FAQ for Skyer Law Clients

Skyer Law’s new FAQ on the COVID-19 Health Emergency is being updated on a daily basis.

Below are the updated items only. To read the full FAQ, please visit our website.

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IS MY IEP MEETING CANCELLED?

3-17-2020: Your IEP meetings (including turning five meetings) have not been cancelled, unless someone from the CSE contacts you to say so. Please get their name and email so that you can email them back to confirm your conversation with them.

If a CSE representative gives you a choice to postpone or to participate in the meeting remotely, you should agree to do the meeting by phone—circumstances permitting. Failure to cooperate with the CSE may jeopardize a future settlement or impartial hearing.  

If you receive a notice asking to do a CSE meeting remotely, we generally advise that you consent to this. Send an email indicating your agreement and provide your phone number. If there are extenuating circumstances that you are concerned about, speak to your attorney.

If you planned 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.

Update 3-19-2020: We have been told that some CSE regional offices are closing their buildings temporarily so that staff can work remotely and safely. Some IEP meetings will be postponed as a result. This may also extend to some IEP meetings for our Turning 5 or public school parents, which are normally held by the locally zoned community school’s School-Based Support CSE team.

If you have an IEP meeting scheduled, check in with the person who scheduled it. Forward details about that communication to your attorney as we described above.

Reach out to your attorney if you are unable to reach anyone regarding a scheduled IEP meeting.

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THE DOE SCHEDULED TESTING FOR MY CHILD AT ONE OF ITS CSE OFFICES. I AM AFRAID TO BRING THEM IN FOR TESTING BECAUSE OF HEALTH CONCERNS. WHAT CAN I DO?

3-17-2020: If you are in this situation, reach out to your attorney about your circumstances and we will help you draft a letter. But generally speaking, your family’s health must come first. 

It is very important to properly document why your child cannot come in for testing and to provide consent for any remote testing the DOE may offer instead.

Update 3-19-2020: We have been told that some CSE regional offices are closing their buildings temporarily so that staff can work remotely and safely. Some scheduled testing may be postponed as a result, but we have not received formal guidance. Please check in with the person who scheduled your child’s testing at the CSE. Forward details about that communication to your attorney.

Reach out to your attorney if you are unable to contact anyone regarding your child’s scheduled testing.

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WHAT IS HAPPENING WITH MY CASE THAT HASN’T SETTLED YET? 

3-19-2020: DOE attorneys are back online and working to resolve and settle cases as fast as they can. Our entire staff is working harder than ever. When an offer is made we will call you to discuss and advise as always. The faster we settle, the faster we can get you needed funds.

2018-19 Open Cases: These cases (along with the extremely small number of cases leftover from 2017-2018) are the highest priority for our office. We have seen a renewed urgency from DOE attorneys to close these out, and we are doing everything we can to make this happen. 

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MY CHILD DOES NOT HAVE AN IEP AND I HAD PLANNED TO REQUEST A CSE REVIEW. IS THAT STILL POSSIBLE?

3-17-2020: Yes, we believe so. Make the same request for your child to be evaluated and for the CSE to hold an IEP meeting as you would have done prior to this health emergency.

If you came into our office for a consultation this year we likely provided you with draft language for your referral letter. Please add the following language before you send your letter or follow up to add this language:

 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 and my email address.  Please notify me of all meetings by email.

Update 3-19-2020: We have been told that some CSE regional offices are closing their buildings temporarily so that staff can work remotely and safely. Some IEP meetings will be postponed as a result. This may also extend to IEP meetings for our Turning 5 or public school parents, which are normally held by the locally zoned community school’s School-Based Support CSE team.

If you have an IEP meeting scheduled, check in with the person who scheduled it. Forward details about that communication to your attorney as we described above.

Reach out to your attorney if you are unable to reach anyone regarding a scheduled IEP meeting.

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WHAT EXACTLY IS ‘REMOTE INSTRUCTION’?

3-19-2020: We understand "remote instruction" to mean that the teacher or provider is supporting a student's learning online or via telephone.  It does not mean the service can physically take place in your home. 

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MY CHILD IS SEVERELY DISABLED. I AM WORRIED THAT REMOTE INSTRUCTION WON’T WORK. WHAT DO I DO?

3-19-2020: We are aware of this very difficult, acute situation facing many of our clients. Not every child can attend to a Zoom video conference. It is our position that whatever the most appropriate mode of instruction is should be permitted, even if that is indirect instruction and guidance provided from teachers to parents or caregivers. We are waiting with interest to see what solution the DOE puts in place for similarly situated public school students and hope to have more to share soon. 

In the meantime, please be in close contact with your providers and schools about alternative ways to support your child’s learning during this time. Be sure to document everything.

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WHAT IF I DO NOT HAVE ACCESS TO THE TECHNOLOGY OR WIFI THAT MY CHILD NEEDS TO ACCESS GOOGLE CLASSROOM, ZOOM, OR ANOTHER PLATFORM BEING USED FOR REMOTE LEARNING?

3-19-2020: Hardware Needs: The DOE is lending internet-enabled iPads to students to support remote learning.  You must apply by Friday, March 20th. You will need your child’s nine-digit student ID number, which can be found on their IEP document or in some correspondence you might have had with the DOE in the past. Devices are being prioritized for the most needy and vulnerable students first. 

WiFi Needs: Charter Communications (Spectrum) is now offering households with K-12 and college students free Spectrum Wi-Fi for 60 days, including free installation. Those who qualify as low-income can receive free high-speed broadband.  To enroll your household in this offer call 1-844-488-8395.

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I MAILED AN IMPORTANT DOCUMENT TO THE SKYER LAW OFFICE. WILL YOU RECEIVE IT?

3-19-2020: Several of our attorneys live within walking distance from our office in Brooklyn. We are checking our mail daily while maintaining appropriate social distancing.

NEW: FAQ for Skyer Law clients on the COVID-19 Health Emergency

Skyer Law has launched an FAQ page to ensure that you have answers to your most pressing questions. When you visit, please make note of the date stamp. We will continue to update these questions as we learn more and the circumstances develop.

If your question is not answered here, please reach out to your attorney.

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“I HAVE LEFT NEW YORK CITY TEMPORARILY. IS THERE ANYTHING I NEED TO DO WITH REGARDS TO THE DOE?”

We recommend that our clients send an email to 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 they 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

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“IS MY IEP MEETING CANCELLED?”

Your IEP meetings (including turning five meetings) have not been cancelled, unless someone from the CSE contacts you to say so. Please get their name and email so that you can email them back to confirm your conversation with them.

If a CSE representative gives you a choice to postpone or to participate in the meeting remotely, you should agree to do the meeting by phone—circumstances permitting. Failure to cooperate with the CSE may jeopardize a future settlement or impartial hearing.  

If you receive a notice asking to do a CSE meeting remotely, we generally advise that you consent to this. Send an email indicating your agreement and provide your phone number. If there are extenuating circumstances that you are concerned about, speak to your attorney.

If you planned 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.

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“THE DOE SCHEDULED TESTING FOR MY CHILD AT ONE OF ITS CSE OFFICES. I AM AFRAID TO BRING THEM IN FOR TESTING BECAUSE OF HEALTH CONCERNS. WHAT CAN I DO?”

If you are in this situation, reach out to your attorney about your circumstances and we will help you draft a letter. But generally speaking, your family’s health must come first. 

It is very important to properly document why your child cannot come in for testing and to provide consent for any remote testing the DOE may offer instead.

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“MY CHILD’S CASE HAS BEEN REFERRED FOR SETTLEMENT. WILL THIS STILL HAPPEN?”

Yes, we expect so. We continue to actively and productively negotiate settlements with the DOE, even as of this week. Some new language may be added to recognize distance learning.  

The more difficult question is whether this will cause further delays in an already slow process, and we just don’t know. Our attorneys and paralegals continue to work on a full-time basis from home and are pushing the DOE on all our cases. We will keep you updated.  

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“MY CHILD’S CASE HAS BEEN SCHEDULED FOR A HEARING. DO I HAVE TO GO TO IT IN PERSON?”

No, absolutely not. The NY State Education Department (NYSED) has issued guidance allowing impartial hearing officers (IHOs) to conduct their hearings by telephone and they are all doing this.

If you have an upcoming hearing, check in with your attorney for information on how your particular IHO will conduct it. Make sure to double check that your witnesses will be available and know how to participate.

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“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.)?” 

Yes. The US DOE and NYSED 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.

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“MY CHILD DOES NOT HAVE AN IEP AND I HAD PLANNED TO REQUEST A CSE REVIEW. IS THAT STILL POSSIBLE?”

Yes. This has not changed. You will make the same request for your child to be evaluated and for the CSE to hold an IEP meeting as you would have before the school closures. 

If you came into our office for a consultation this year we likely provided you with draft language for your referral letter. Please add the following language before you send your letter or follow up to add this language:

 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 and my email address.  Please notify me of all meetings by email.

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”IF MY CHILD RECEIVES SEIT OR SETSS SERVICES EITHER THROUGH AN IEP OR IESP WILL THEY BE ABLE TO CONTINUE TO RECEIVE THESE SERVICES?”

According to the most recent DOE policy we have received, SETSS service providers may continue instruction through remote learning, but are not permitted to enter homes to deliver services.

While we have not received specific language regarding SEIT services, at this time all of the information we have points to SEIT services only being available through remote learning for the time being.

You should speak to your assigned attorney to discuss your specific case if you or the agency has questions.

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”WILL I BE ELIGIBLE FOR TUITION REIMBURSEMENT AT MY INDEPENDENT PRIVATE SCHOOL FOR THE PERIOD OF TIME WHILE IN-PERSON CLASSES ARE CANCELLED?”

Yes, we expect so, as long as your private school implements remote learning while the DOE schools are closed and doing the same.

We strongly advise you to keep detailed records and documentation to the best of your abilities. Create a file system and keep a copy of all the assignments and homework that is being done. Create a special folder on your computer for electronic documents and in your email client for correspondence with the school providers. Keep copies of schedules too. If at all possible, try to jot down notes in a diary of what is done for/with your child each day.

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“MY CHILD ATTENDS A NYS APPROVED NON-PUBLIC SCHOOL. WHAT WILL HAPPEN TO MY SCHOOL IN TERMS OF TUITION?”

All of the NYS Approved schools received a letter from the NY State Education Department telling them that they will be paid for the 2019-2020 school year as long as remote learning continues.  NYSED has clearly stated that rules regarding “attendance” don’t matter as long as students remain enrolled and are being given remote instruction.

Having said that, we strongly encourage every parent of a child in a NYS Approved Non-Public School to document the remote learning as we described in the question above for independent schools. 

Note to Clients from Regina Skyer Re: COVID-19

Dear Clients, 

I am writing to assure you that our office is conducting all its usual business and we remain hard at work on your cases. Our staff are all able to work remotely when necessary and we are open and staffed during all business hours. 

As you are aware, a number of special education schools our clients’ children attend have temporarily closed. Others are considering whether to do so. Several of our clients with medically fragile children have acted on specific medical guidance and are not sending their children to school. The potential impacts of these facts on your case are highly individualized and we cannot give blanket advice. Please contact your attorney case manager about your specific situation if you have concerns. Contact information for all of our attorneys is below this note.

If at any time you need to speak with someone, call or email as you normally would. If the person you need to reach isn’t physically in the office, they will call you back, generally within the day. If you do not get a response within 24 hours, please email me directly.

If you have an upcoming impartial hearing, please check in with your attorney; so far scheduled hearings have gone forward as usual. Our office is conveniently located within a short walk of the DOE impartial hearing office. We are in constant and frequent daily contact with administrators at the DOE and we are working collaboratively with them; specifically, we are encouraging as many hearings and meetings to be conducted by telephone as possible.

For now, all scheduled client meetings at our office are being done by telephone rather than in-person. If you have documents to drop off, we encourage you to send them FedEx/UPS or by certified USPS mail. If you would rather reschedule a meeting, we will happily accomodate you.

We encourage you to proactively speak to your schools and other educational providers about their policies.  New York City has a guide for schools and families that is being constantly updated.

We will be sending periodic updates on specific topics related to this public health emergency. I know we will get through this with even greater resilience!

Regina

Skyer Law now offers Estate Planning, Special Needs Trusts, Guardianship Legal Services

Many of the families we work with face unique challenges as they plan for the future. It is often said that aging out of special education services is like ‘falling off a cliff,’ and while we cannot slow time or stop your beautiful children from growing up too fast, we can help make this transition less fraught with uncertainty.  

Skyer Law is thrilled to announce that Valerie Zaloom Buccino, an attorney with 26 years of experience in estate planning, special needs trusts, and guardianship legal services has joined our firm. Valerie’s particular expertise is working with families with special needs children.

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We are pleased to offer the following legal services:

Estate Planning

Most of us are guilty of putting estate planning off. There are difficult decisions to make and you may dread undertaking a process that is time-consuming and upsetting. But working with someone who streamlines the process can give you peace of mind.

Estate planning means arranging what you want to have happen after your death or during your lifetime due to an illness, injury, or disability. Estate planning services at Skyer Law include wills, revocable living trusts, life estates, health care directives, powers of attorney, and more, depending on your family’s needs.

Special Needs Trusts

 When your child has significant lifelong needs, services provided through Medicaid and base income through SSI are lifelines. The best way to protect critical access to these (and other) public benefits that may be available to your child is through a special needs trust.

Special Needs Trusts allow your child to inherit, receive gifts, receive settlements from lawsuits, and hold certain assets without losing their eligibility for programs like Medicaid or SSI. These trusts are drafted so that the funds held will not be considered for eligibility purposes for these programs and can be readily used as your child needs them throughout their life.

Guardianship and Alternatives to Guardianship

 When a child turns 18, you no longer have the legal authority to make financial, personal, or medical decisions for them. Sometimes, becoming your disabled child’s guardian through an Article 17A petition is the best way to continue to care for them as adults if they are intellectually or developmentally disabled.

However, sometimes guardianship is not appropriate, but a young adult still needs more support making decisions. We can help you explore less restrictive alternatives, such as powers of attorney, health care proxies, and Supported Decision-Making agreements for your children as they approach adulthood.

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To schedule a consultation with Valerie Zaloom Buccino, please contact Melissa Machado or Ben Foley at 212-532-9736 or info@skyerlaw.com.

Upcoming Events for Parents of Preschoolers

In New York City, the Department of Education mandates that children enter kindergarten the year they turn 5. At Skyer Law, we call this arbitrary cutoff the “calendar year rule,” and it has recently come under some well-deserved scrutiny.

If your child is receiving CPSE services and was born in 2015, you are already engaged in the so-called “turning-five process.” If your child was born in 2016, you are no doubt scrambling to find the time to learn more in preparation for next year—and that’s a good idea. Kindergarten transition is particularly stressful for parents of children with special needs, and it is best navigated by a cool head armed with good information.

In March, there are two informational events of particular interest to parents of preschoolers that we want to highlight:

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Turning 5: Understanding the Special Education Kindergarten Transition Process

Wednesday, March 11 • 6:30 PM - 7:45PM
Parents League Office, 115 East 82nd Street, first floor
Registration required.

This workshop provides an overview of the Turning 5 process and is co-facilitated by Skyer Law partners Greg Cangiano and Diana Gersten. Description from the Parents League website:

For NYC parents of preschool-aged children who have special education needs, transitioning to kindergarten can be overwhelming. The experienced team of attorneys at Skyer Law have guided thousands of clients through this stressful “turning 5” process. Founding partner, Regina Skyer, literally wrote the book on How to Survive Turning 5. This workshop will explain your legal rights, placement options, and share strategies on how to successfully position yourselves for an appropriate kindergarten placement.

The workshop is sponsored and hosted by The Parents League. It is open to the public for registration (free for Parents League members and $35 for non-members).

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Special Needs School Fair at the JCC Manhattan

Monday, March 23 • 5:30 PM - 7:30 PM
JCC Manhattan, 334 Amsterdam Ave at 76th Street
Registration required.

This is the second year that the Marlene Meyerson JCC Manhattan’s famous Special Needs School Fair is being held in the spring and not the fall. That means that if you are a parent of a child who was born in 2016, this is your opportunity to attend.

From the JCC website:

Representatives from preschools through high schools serving the New York City special needs community come together on-site at the JCC to provide information and answers to your questions about the application process, class profiles, tuition costs, and more. School materials are available.