Under a proposed change in graduation requirements for students with disabilities, a set of less-rigorous exams would be eliminated, but other options would be available for students to earn diplomas.  The State Education Department is recommending to the Board of Regents that the less-demanding Regents Competency Tests be phased out beginning with students who started ninth grade in 2011.

Advocates of the change say that there will still be a safety net for students with disabilities to earn a high school diploma.  While general education students, beginning this year, must score at least a 65 on five Regents exams in order to receive a Regents diploma, other options will be available for students with disabilities.

The first option is one currently available to students with disabilities: scoring between 55-64 on five Regents exams.  Students may also use a higher score to compensate for a lower one, or choose to replace the difficult Global History exam with an extra math or science Regents exam.  Any of these options would earn the student a local diploma, an option no longer available for general education students, who must earn Regents diplomas.

In announcing the change, State Education Commissioner John B. King Jr. said, “By moving to require all students to take Regents exams, the board committed many years to increased rigor in high school, but we want to make sure that we accommodate students’ particular disabilities,” according to the New York Times.

Students with disabilities who are currently sophomores, juniors or senior will still have the option of taking the Regency Competency Tests (RCTs), if they fail the more demanding Regents exams.  In order to earn a local diploma, a disabled student must pass six of the RCTs.

For assistance with questions regarding your child’s special needs visit our website at http://www.specialneedsnewyork.com/.

Posted in New York Special Needs, Special Education Advocacy | Make a Comment
Tags: board of regents, new york department of education, regents competency tests

A community event, “Power of Winning,” will be held on May 12, 2012, from 10am to 3pm, to raise awareness of epilepsy, at the Carmel Town Hall in Mahopac, New York.  The event is an Eagle Scout project organized by 16-year-old Gil Seda, who has epilepsy.

The event is intended to educate the public about epilepsy and “show you the power of winning the fight.”  There will be face painting and free raffles, as well as two guest speakers, Dr. Solomon Moshe, the Director of Pediatric Neurology and Clinical Neuro-Physiology at the Albert Einstein College of Medicine, and Adrienne Arkontaky, an attorney with Littman Krooks whose practice focuses on special needs planning and helping families of children with disabilities.

The organizer of the event is Gil Seda, a junior at Lakeland High School and a Life Scout with Boy Scouts of America Troop 164.  Gil is also part of the Carmel Sheriff Police Cadet program, and a volunteer at Northern Westchester Hospital.  In order to become an Eagle Scout, Gil must organize a project to benefit the community.

“I have decided to do my Eagle Project on epilepsy awareness, for this is something that is dear to my heart, because I suffer from epilepsy,” said Gil.  “I’ve been living with epilepsy since I was 13 years old and it has been a major battle. I want to educate the community about epilepsy.”

To support Gil’s project and learn more about epilepsy, come to Carmel Town Hall, 60 McAlpin Avenue, Mahopac, New York, between 10am and 3pm.

Attendees may also bring children’s books to be donated to the Montefiore Children’s Hospital.

To find out more about this event, visit our calendar. For assistance with questions regarding your child’s special needs visit our website at http://www.specialneedsnewyork.com/.

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Heeling Autism is a program of the nonprofit Guiding Eyes for the Blind, based in Yorktown Heights, New York.  The group has found that service animals can assist children with autism, as well as sight-impaired individuals.  Service dogs help keep autistic kids safe by discouraging them from bolting when frightened.  They also provide companionship, encourage autistic children to be more independent and social, and increase social acknowledgment by other children.

To mark April as Autism Awareness month, children at Lincoln Avenue Elementary School in Pearl River, New York learned about autism, and got to meet one of the service dogs in a program to assist autistic children.  The name of the program?  Heeling Autism. Many children with autism are assisted by service animals.

If you believe that your child with autism would benefit from the assistance of a service animal, or if you would like to volunteer to help train service dogs, contact Guiding Eyes for the Blind at www.guidingeyes.org.

For assistance with questions regarding your child’s special needs visit our website at http://www.specialneedsnewyork.com/.

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Tags: heeling autism

The New York State Education Department (NYSED) has amended the regulations governing individual evaluations given to preschool and school-age children to determine their eligibility for special education services.  The rule changes were approved by NYSED’s Board of Regents and went into effect on April 11, 2012.

One rule change affects preschool children with disabilities.  Now, when a parent has consented to a child’s evaluation to determine a need for special education, the initial evaluation must be completed within 60 days, unless the parent fails to produce the child for evaluation.

Another change in the regulations clarifies a rule regarding evaluations for children who may have a disability.  The rule now makes it clear that the 60-day timeline to complete an evaluation regarding a need for special education refers to the initial evaluation only.

Finally, NYSED has altered the requirements for school psychologists in determining whether an individual psychological evaluation is necessary.  At the initial evaluation stage, if the school psychologist determines that a psychological evaluation is unnecessary, he or she must still prepare a written report stating the reasons for the decision.  At the reevaluation phase, a written report is no longer necessary.

The rule changes amend sections 200.4 and 200.16 of the Regulations of the Commissioner of Education Relating to Preschool and School-Age Individual Evaluations.

To sum up the rule changes:

• Initial evaluations for preschool children must be completed in 60 days
• For all students, the 60-day timeline applies to the initial evaluation only
• School psychologists are only required to provide a written report of their determination of the need for an individual psychological evaluation at the initial evaluation stage, not at the reevaluation stage

For assistance with questions regarding your child’s special needs visit our website at http://www.specialneedsnewyork.com/.

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April is Autism Awareness Month, a time to raise public consciousness about autism and autism spectrum disorders.  You should be aware of what is happening this month to raise awareness, and new facts that have just been reported about autism diagnoses.

One of the most prominent signs you may see – or wear yourself – indicating the significance of this month is the Puzzle Ribbon, produced by the nonprofit Autism Society.  This ribbon featuring multi-colored puzzle pieces is an internationally-recognized symbol of autism awareness.  Wear it with pride and thank others when you see them wearing it.

If you noticed an iconic building in your city illuminated in blue on Monday evening and wondered why, it was in honor of World Autism Awareness Day, sanctioned by the United Nations and initiated by the nonprofit organization Autism Speaks.  From the Empire State Building to Brazil’s Christ the Redeemer Statue, from Tokyo Tower to Graceland in Memphis, a blue light of awareness shown on close to 3,000 structures in more than 600 cities throughout the world.

A recent report by the Centers for Disease Control reveals a sharp increase in the rate of autism diagnoses. In the United States today, one in every 88 children is diagnosed with autism or an autism-related disorder.  While the diagnosis rate has been rising for years, the recent numbers represent a large increase: since 2006, there has been a 23% increase, and since 2002, a 78% increase.  One difficult question is whether this increase in diagnoses actually represents an increase in autism.  Public health officials say that the increase may be partly accounted for by more successful efforts to diagnose autism in younger and minority children.

What autism events and facts do I need to be aware of:

• The Puzzle Ribbon is a recognized symbol of autism awareness that benefits the Autism Society

• April 2 was World Autism Awareness Day, initiated by Autism Speaks and marked with their Light It Up Blue campaign

• Autism diagnoses have risen sharply: now one in every 88 children in the U.S. is diagnosed with autism or an autism-related disorder

For assistance with questions regarding your child’s special needs visit our website athttp://www.specialneedsnewyork.com/.

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Tags: april, autism, autism awareness month, autism society, puzzle ribbon

An important New York Court of Appeals case recently determined that a school district cannot be forced to pay for an education if the child is a non-resident of the school district. In Board of Ed. of the Garrison Union Free School District v. Greek Archdiocese Institute of St. Basil, the St. Basil Academy had tried to enroll 26 students tuition free. The academy is a residential institution where children reside because of various issues involving the inability of children to remain in their homes.  Although the children reside at the residential facility, the school does not have legal guardianship of its residents.

Thus, the appeals court ruled that simply because the children lived there did not qualify them as being residents of the district. State education laws, including Education Law §3202, show that residency is established by where the parents or legal guardians live.  The court case established that local school districts are not responsible for absorbing the cost of the tuition for the children living in these types of institutions.

Furthermore, “…a license to operate a child care institution does not change the residence of the children living there.” That said, the court did explain that school districts are required to pay for education for students who are placed in orphanages by a state or family court judge. St. Basil’s residents are mainly referred to the educational institution by Greek Orthodox priests, the court noted.

A child’s last permanent residence, not a temporary foster placement residence, is what sets their school district eligibility. This recent case follows previous case law in New York whereby public schools are free to resident students and non-residents must pay tuition.

For assistance with questions regarding your child’s special education needs visit our website at

http://www.specialneedsnewyork.com/special-education-advocacy/.

Posted in IEP, New York Special Needs, Special Education Advocacy | Make a Comment
Tags: Board of Ed. of the Garrison Union Free School District v. Greek Archdiocese Institute of St. Basil, education, Education Law §3202, FAPE, new york state, PUBLIC SCHOOLS, special education

Ten states have been granted waivers to implement their own accountability systems rather than follow all of the No Child Left Behind (NCLB) Act’s requirements. The NCLB mandates that schools educate children to be proficient in reading and math by 2014 or face tough sanctions. The states that recently had their waivers approved include New Jersey, Massachusetts, Indiana, Minnesota, Kentucky, Florida, Georgia, Tennessee, Oklahoma, and Colorado. Other states are also working on their waivers.

The Obama Administration and the Department of Education will review a state’s application and grant a waiver if the state’s standards are higher than the NCLB mandates and can be realistically implemented. A state’s plan must still prepare students for higher education, careers, and increase achievement for low performing schools. Teacher and school administration evaluations are still critical to these plans being approved.

In New Jersey, the state’s Department of Education will launch the new accountability plan this coming September. Schools will be measured on absolute achievement of the new plan’s goals and growth. State funds will be focused on improving failing schools and those that have big achievement gaps. Students will also have greater school choice in under-performing districts. High achieving teachers will be rewarded and teachers who need help to increase their student’s results will get support.

The state’s DOE will revise its school Report Cards and publish them for public review. This will help parents and state officials identify the performance levels at a child’s school. All these efforts will emphasize effective lesson planning and teaching strategies for the student body, including students with special needs and English as a second language students.

Overview of new education accountability standards in New Jersey:

• New accountability plan coming in September 2012
• New Jersey schools to be graded on absolute achievement of the new plan’s goals and growth
• State funds will improve failing schools and those with big achievement gaps
• Students have more school choice in under-performing districts
• High achieving teachers rewarded and those that need help to increase their student’s results will get support
• Plans cover general student body, students with special needs, and ESL students
• Concerned parents should contact a New Jersey special education advocate to discuss how the new plan can affect their child with special needs to ensure child’s IEP plan and supports are in place for the next school year

Parents who want to learn more about these changes and how it will affect their child should contact a special education advocate. To learn more about New York special education advocacy, visit http://www.specialneedsnewyork.com/ or http:www.littmankrooks.com/

Click here to read how you can get involved in Developmental Disabilities Awareness Month this March.

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Tags: americans with disabilities, developmental disabilities awareness month, disability, inclusion, march, special needs, US Department of Labor, walgreens

NYSARC and CP of NYS have collaborated on March as Family Advocacy Month. The message is simple:

Funding is needed for additional services for people with developmental disabilities in New York State. According to the OPWDD, there is a waiting list across the state of more than 11,000 people. Please ask your assembly member and Senator to add funding for these much needed services.

It has become difficult to coordinate a single statewide Family Advocacy Day. This year, Family Advocacy events will be held throughout the state on different dates. Many types of events will be held throughout March including calls to legislators, letter writing campaigns and emails and visits to their district offices.

We are spreading the word about having families participate in the Alliance of Long Island Agencies “Family Advocacy Call-In Day” on Friday, March 9^th, 2012.

• To find your Assembly Member:
• Call 518-455-4100 and ask for public information or
• Click on the link: www.assembly.state.ny.us/mem/
• To Find your State Senator:
  • Call 518-455-2800 and ask for public information or
  • Click on the link: www.nysenate.gov

Action Needed:

1. 1. Family members need to call their representatives
2. 2. State their name and address
3. 3. Read the message above or make a similar plea for additional services

For more information please visit www.specialneedsnewyork.com or www.littmankrooks.com.

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The 6^th Circuit Court of Appeals has decided that a class action lawsuit against Blue Cross Blue Shield of Michigan can proceed. The large insurer is being sued because they denied coverage of Applied Behavior Analysis therapy, a therapy utilized by individuals with autism. The insurer deems this therapy “experimental or investigative,” whereas the plaintiffs assert that there is substantial scientific and medical evidence on the benefits of this therapy. The plaintiffs are two parents that have sons with autism who need this therapy that the insurer continues to deny.

Blue Cross tried to appeal the class action certification order in late February. The plaintiffs have filed their case under the Employee

Retirement Income Security Act of 1974 (ERISA) back in December 2010. Beyond the standard damages they are seeking, the plaintiffs want to ensure that future coverage for Applied Behavior Analysis therapy will be available for all those that were denied coverage by Blue Cross or did not seek out this type of therapy, but needed it, because of the insurer’s policy. The case seeks to include all persons affected after Dec. 16, 2004 in regards to this type of therapy.

A similar case back in 2009, Johns v. Blue Cross Blue Shield of Michigan, resulted in a settlement where Blue Cross reimbursed 100 families for this type of therapy.

What are the takeaways from the current Blue Cross class action lawsuit to cover autism therapy:

• Circuit Court of Appeals has decided in favor of letting class action lawsuit proceed
• Case will go back to the District Court Judge to read
• Plaintiffs say Applied Behavior Analysis therapy is needed for children with autism and is supported by scientific and medical research whereas BCBS deems it “experimental”
• Plaintiffs seek to have coverage for this type of therapy approved for future use by policyholders and be reimbursed for past expenses
• Parents with questions about their BCBS coverage and therapies for special needs should contact an experienced special needs attorney to get access to benefits and services and learn more about the class action lawsuit.

Parents who are concerned about how this case could affect them should contact a special needs attorney. Individuals can learn about special needs planning and advocacy at http://www.littmankrooks.com.

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Tags: autism therapy, blue cross blue shield

In the spring, students across New York state will start to take yearly exams in language arts, mathematics, and science. These tests help the state’s department of education measure student progress in the elementary and middle school system. The tests assess mastery of the state’s learning standards, and parents should know that their child with special needs is allowed accommodations to successfully take the test.

Students who have an Individualized Education Program (IEP) can have appropriate accommodations or take New York State Alternate Assessments (NYSAA) from third to eighth grade. As these tests are used to gauge if a student can go onto the next grade, it is important that parents get involved early on to prepare their child for advancement. Parents should speak with their child’s teachers, school, and the school district so that a child has the tools to demonstrate his or her learning. Be sure that a child’s IEP has these accommodations in writing before the big tests begin in April.

Accommodations help a child with special needs have a level playing field, not an unfair advantage, when taking the tests. For example, this can include more time to complete a high-stakes test, using computers for spell check, having a teacher read the test instructions or questions, and being in a separate room or small group.

Checklist to be sure your child receives adequate accommodations to take high-stakes tests:

• Talk to your child’s teachers and school early on about accommodations or alternate testing
• Put accommodations in writing in your child’s IEP plan
• Consult with a New York special education attorney about your child’s needs to ensure they receive a fair and appropriate test setting
• Work with your child to ensure mastery of the concepts in the upcoming language arts, mathematics, and science exams

To learn more about New York special education advocacy or New York special needs planning, visit http://www.littmankrooks.com.

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Tags: Individualized Education Program, New York special education attorney