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/.

Posted in New York Special Needs, Special Education Advocacy | Make a Comment

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/.

Posted in New York Special Needs | Make a Comment
Tags: heeling autism

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/.

Posted in New York Special Needs | Make a Comment
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.

Posted in IEP, New York Special Needs, Special Education Advocacy, Special Needs Trusts | Make a Comment
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.

Posted in New York Special Needs, Special Education Advocacy | Make a Comment

The New York Board of Regents has proposed amendments to improve special education hearings, and currently the changes are open for public comment. These changes will be finalized at their April meeting and go into effect May 16, 2012. The amendments to the 200.1 and 200.5 Regulations of the Commissioner of Education look to improve the due process system and cost effectiveness of the hearings, and align the regulations with federal laws concerning the hearing timeline requirements and the Individuals with Disabilities Education Act (IDEA).

The Office of Special Education, which is part of the Department of Education, found that New York State “needs assistance” and failed to adjudicate hearings in a timely fashion. Only 84.25 percent were adjudicated per the requirements in a timely manner. The proposed amendments would address six procedural concerns to improve the impartial hearings:

1. Appointment and certification of impartial hearing officers (IHO)

IHOs would have their certification rescinded if they do not accept an appointment within a two-year time period unless good cause can be shown. IHOs would be prohibited to take an appointment if they were in a pending, due process complaint with the same school district, are an attorney or an attorney for the same school district, or provide special education advocacy.

2. Consolidate multiple due process requests for the same student

The amendment would create procedures to consolidate multiple hearing requests.

3. Prehearing conferences would be conducted on all due process requests starting July 1, 2012

This prehearing order would help to address procedural matters and define the factual issues that will be adjudicated at the hearing. This will help to expedite the hearing and render more efficient decisions.

4. Requests for withdrawals of due process hearings

This amendment would create procedures to withdraw a due process complaint and require notice to the IHO if done after the hearing begins.

5. Timeline extensions for an impartial hearing decision

IHOs could not extend decisions due to their own schedule conflicts, nor could they grant an extension after the date the record is closed. The amendment does allow one 30-day extension and requires the IHO to provide the facts for granting the extension.

6. Decision timelines

Decisions are to be made within 45 days. Efficient hearing decisions will help to uphold a child’s educational needs and well-being. This will also help cut down on costs to districts.

People who want to learn more about the amendments and how it could affect their child’s education should contact a New York special education advocate. The P-12 Education Committee is accepting public comments on these amendments through early spring. Littman Krooks’ special education attorneys help individuals obtain the education and special services they need and deserve. To learn more about our special education advocacy services  visit http://www.littmankrooks.com.

Posted in IEP, New York Special Needs, Special Education Advocacy | Make a Comment

The Individualized Education Program diploma will be eliminated next school year, and many families are concerned about how this change could affect their teen’s future. The latest data shows that 5,566 students received IEP diplomas, and make up 2.9 percent of all high school graduates. In the past, the IEP diploma was given to students with disabilities who finished their individualized education program, but did not meet all the requirements to receive a high school diploma. The New York Board of Regents plans to give a new “Skills and Achievement Commencement Credentials” to students who graduate from their IEP programs.

The Regents committee asserts that the previous diploma was misleading as the students with disabilities did not complete the same state exams as other highschoolers. One of four different documents could be given to graduates who complete some high school courses but do not achieve all the academic requirements. State officials say that these changes will recognize individual capacities better.

Student advocates are not in favor of the new “Skills and Achievement Commencement Credentials”. They are worried that this change will lower the progress being made to raise student achievement. This could also potentially affect how students with disabilities are being assessed during job applications and interviews, college placement, and other opportunities.

Concerned individuals should meet with a special education advocate to understand how these changes could affect your child. They can review that your child’s special education needs are being met and that services are enabling them to be as independent as possible.

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

Posted in IEP, New York Special Needs, Special Education Advocacy | Make a Comment
Tags: IEP, IEP Diploma, Skills and Achievement Commencement Credentials

Our guest blogger this week is Sarah Wieselthier, a third-year law student at the Maurice A. Deane School of Law at Hofstra University and a candidate to earn her J.D. in May 2012.  Sarah serves as an Articles Editor for the Hofstra Law Review and is interested in pursuing a career in education law.  Sarah can be reached at swieselthier@gmail.com.

While charter schools are celebrated for their ability to improve student outcomes through innovative curricula and instructional approaches, many have been accused of missing the mark when it comes to educating students with disabilities.  Despite being free from the regulation and oversight thought to plague traditional public schools, charter schools are still required to comply with the Individuals with Disabilities Education Improvement Act (“IDEA”), Section 504 of the Rehabilitation Act of 1973 (“Section 504”), and the Americans with Disabilities Act (“ADA”).  However, charter schools throughout the country have been accused of violating these federal laws that protect students with special needs.  Parents of students with disabilities have asserted that certain charter schools have succumbed to the discriminatory practices of: denying enrollment to students with disabilities, counseling students with disabilities to leave their school, failing to identify and evaluate students with potential special needs, failing to implement IEP’s and provide the necessary special education and related services, and failing to discipline students with disabilities in compliance with federal law.

In most cases, the charter school has not sought to violate the laws protecting students with disabilities, but rather it does not have the resources to provide these students with appropriate special education and related services.  Charter schools face significant challenges in balancing their mission to achieve academic success through creative and flexible teaching methods against complying with rigid federal disability laws.  No matter the underlying reason, the rights afforded to students with special needs by the IDEA, Section 504, and the ADA are being violated; these students are not receiving an “appropriate” education as required by law.

No court has weighed in on what it means for a charter school to achieve the appropriate balance of complying with its mission and obeying the IDEA, Section 504, and the ADA.  The few lawsuits alleging discrimination by charter schools have ended in settlements and without a decision on the merits.  In Scaggs v. New York State Department of Education, No. 06-CV-0799 (JFB)(VV), 2007 U.S. Dist. LEXIS 35860 (E.D.N.Y. May 16, 2007), students with disabilities alleged equal protection, IDEA, Section 504, and ADA violations against charter schools in New York.  A settlement was reached in which each plaintiff individually received sums ranging from $1,000-$18,000.

A settlement was also reached in United States v. Nobel Learning Communities, Inc., 676 F. Supp. 2d 379 (E.D. Pa. 2009).  In Nobel Learning Communities, students with disabilities attending schools operated by Nobel Learning Communities (“NLC”) charter school network alleged discriminatory practices in violation of the ADA and its implementing regulations.  Specifically, it was argued that NLC engaged in the discriminatory practice of failing to enroll or dis enrolling students with disabilities from its schools.  The federal district court dismissed the allegations of discrimination at NLC’s day care, elementary, and secondary schools because there were no facts creating a reasonable inference of a discriminatory policy.  However, the cause of action against NLC’s preschools survived a motion to dismiss.  The remaining allegations were that NLC’s preschools violated the ADA and its implementing regulations by instituting a policy to exclude, remove, or otherwise discriminate against children with disabilities from NLC programs and acted on the policy by excluding, removing, or otherwise discriminating against children with disabilities.  In January 2011, the Department of Justice entered into a settlement agreement with NLC, where NLC agreed, among other things, to adopt and implement a formal non-discrimination policy, make reasonable modifications to programs and services when necessary to afford its programs and services to students with disabilities, appoint an ADA compliance officer, and pay $215,000 to the children referred to in the lawsuit.  A summary of the settlement terms can be found on the Department of Justice’s website at http://www.justice.gov/opa/pr/2011/January/11-crt-051.html.

There is currently an ongoing class action lawsuit in the Eastern District of Louisiana alleging violations of the IDEA and the ADA by both charter schools and traditional public schools in New Orleans, Louisiana.  The case is P.B. v. Pastorek, No. 2:10-cv-04049 (E.D. La. Oct. 26, 2010).  Eight of the ten named students in the class alleged discrimination and noncompliance by public charter schools.  The alleged violations include failure to identify and evaluate students with suspected disabilities, failure to provide necessary special education and accommodations, failure to implement IEPs, and failure to discipline students in compliance with the law.  The complaint survived a motion to dismiss in April 2011.  News and developments regarding the litigation can be found on the Southern Poverty Law Center’s website at http://www.splcenter.org/get-informed/case-docket/new-orleans-special-education.  If a decision is reached on the merits of this case, it would be the first time a federal court establishes a charter school’s obligations when educating students with disabilities and reconciles the tension between charter school philosophy and the federal special education and civil rights laws.

Special education will continue to be one of the key challenges facing charter schools in the future.  The rigid and rigorous standards of the IDEA, Section 504, and the ADA are in congruent with the flexible and innovative structure of charter schools, making compliance a challenge.  A decision on the merits in P.B. v. Pastorek would provide guidance to both charter schools and students with disabilities and their parents about what is required of a charter school when educating students with disabilities, clarifying how a charter school can stay true to its mission and be in compliance with the laws.

Posted in New York Special Needs, Special Education Advocacy | Make a Comment
Tags: charter schools, IEP, Individuals with Disabilities Education Improvement Act (“IDEA”), Section 504 of the Rehabilitation Act of 1973 (“Section 504”), the Americans with Disabilities Act (“ADA”)