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NYS Education Department has scheduled public hearings to seek public comments on:
- Proposed amendments to the Part 200 Reg's relating to special education; and,
- Draft proposals relating to special education which may result in administrative relief/cost savings to school districts.
Remember the Commission for Relief of Property Taxes recommendations? That's them (sic)! |
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Proposed Change: Statute of Limitations in Due Process Hearings
The big proposed change is that the statute of limitations to request a hearing to seek tuition reimbursement for a unilateral private school placement will be changed to 180 days from the student's placement in the private school.
This proposal would reduce the current 2 year statute of limitations to 180 days - school days, calendar days, Martian days???
This is likely to be harmful in several ways:
- The term 'student placement' is ill-defined and likely to be interpreted by the school districts as the moment the parent thinks about private school. Seriously, does that proposed 180-day clock start at the time of the CSE meeting or the time the parent notifies the school district of the student's placement or the time the parent signs the contract with the private school or the first day of class in the private school? Be assured, whatever is chosen will be in the best interests of the school district and to the detriment of parents seeking their just reimbursements.
- If a parent has not already filed for tuition reimbursement, but thought they could apply the two-year statute of limitations, the passage of this amendment will have immediate effect.
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Proposed Change: Reduce the Minimum Level of Service Requirements
Just when you thought you couldn't get less services, the other big proposal is that the minimal level of speech-and-language services should be reduced to one hour a week at a frequency and duration determined by the CSE or CPSE. Further (these guys really like run-on sentences) it is proposed to allow reductions of S-&-L to less than one hour per week for students who have had services for more than one year. Oh, by the way, what is less than one hour per week ... 30 minutes, 20 minutes, 10 minutes?
For those parents whose children need more S-&-L in the public school environment, we can see the uphill struggle. Once the school districts' learn they can reduce costs through a proposal such as this, it will likely become the maximum offering. |
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So, you think you're big enough to fight Albany? Maybe, yes!
There is no doubt that these, like most, public hearings are for show, that the officials have made up their minds already, that as pleaders of costly services in a bad economy we are perceived of as kooks, and that there is very little we can do. The first statements may be true (maybe a few of us are kooks) ... but there is more we can do.
Even though the Board of Regents are appointed officials, their appointers are elected officials. As such they are only one step removed from direct effects of a voter sensitivity campaign for our elected officials and, ultimately, our actions in the voting booth. The gubernatorial and mayoral campaigns are coming out of their hibernations, and letters, phone calls, and emails telling our elected officials that their appointees are harming us and our special ed children should resonate with these politicians.
We at SLA will make every effort to be at those public hearings and to let our comments be heard. We plan to submit written comments for the officials.
What can you do? Get on the web and determine the email address and local address of your elected state assembly and state senate representatives. Make an appointment and visit their local offices. Let them know that you have an interest in special education (as a parent, as a professional, as whatever) and that it is up to these elected officials to champion our causes.
It's not tough to do. These elected officials practically beg for guidance from their electorate. It may be scary. It may take up a morning or an afternoon but, if we can avert these negative amendments, maybe it's the first step of winning our larger battle.
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About Susan Luger Associates, Inc.
Susan Luger Associates is the premiere special education advocacy service in the New York City area.
Susan has developed successful strategies for dealing with School Districts, using Susan-trained advocates and utilizing a strong team of affiliated attorneys. Her network of professionals, who test, advise and testify, are among the elite of the area. |
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Tuesday
May 12, 2009
2:30PM - 5:00PM
VESID Queens District Office
59-17 Junction Blvd
20th Floor
Corona, NY 11368
Capacity of 30 people!
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Susan Luger Associates, Inc. |
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