mandate relief

8/7/2019 Mandate Relief

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Julie Michaels Keegan, Esq.Jennifer Monthie, Esq.


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Overview of Mandate Relief ConceptOverview & Discussion of Specific ProposalsBrainstorming about Next Steps & Further ActionTo Promote Useful & Productive Discussion

within Time Constraints, please

Limit comments to one minute or less Focus on clarifying and/or addressing specificproposals


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Unfunded or Underfunded Mandate: Alegal requirement to provide programs or

services ora legal requirement to increase

spending for an existing programs or

services that is not funded or fully funded

by the federal/state budget.


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Two current proposals that impact SpecialEducation Services:

New York State Department of Educationpresented proposals to the New York State

Board of Regents.

Governors Mandate Relief Redesign Teampresented proposals to incorporate in the

Governors Budget.


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New York State Department of Educationproposal to the Board of Regents

NYSED/Board of Regents can make changes toregulations.

NYSED/Board of Regents can submitdepartmental bills to the Legislature to change

State Law.

Governors Proposals Require State Agency to change services Likely change state law in the Governor's budget.


6/30

20 proposals that impact Special EdFocus:

CSE meeting membersEvaluation requirements & proceduresReducing planning & reporting requirementsMisc others that go beyond what federal law

requires

April 4 & 5 Board of Regents Meeting 5 Previously Proposed Likely to be Approved 15 Additional Proposals Being Considered


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Part One:


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Current Law

Written notice toparent that student

eligibility for serviceswill end at 21 or

graduation

Forward info onstudent to relevantagencies servingadults

Proposed

Omit both provisions


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Justification

Transition planningaddresses post-school options andrequires otheragencies to be invitedto CSE meetings

PossibleConsequences

Parents who do notparticipate in CSEmeetings may notunderstand aging outimplications

Transition not alwaysimplemented asrequired

Adult agencies notrequiredto attend


10/30

Current Law District must secure

written parentalconsent prior to initial

provision of services

JustificationParent can still challenge

recommendation &

can revoke later

ProposedRepeal

Consequences?++Kids may be morelikely to get services

-- Without writtenreview/consent ofproposed service,actual service may bedifferent than whatwas agreed at CSE


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Current Law

2 years to file a dueprocess complaint

Proposed

One year to file(some exceptions)

180 days from dateof placement to file if

seeking tuition

reimbursement


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Justification

IEP is annualdocument & concernshould be resolved inthat time

No specificjustification for 180day for tuition

reimbursement cases


May deprive parentswho cannot get alawyer of right to dueprocess

May result in morerequests for impartialhearing because of lesstime to resolve


13/30

Current Law

Students placed inprivate schools by

parents have sameright to special ed

services & procedural

safeguards as public

school students

Must request servicesby June 1st of

preceding year

Proposed

1. No right tointegrated co-

teaching model orspecial class

2. Mediation mandatory3. Request for services

by April 1st


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Justification Under federal law,

private schoolstudents have no

individual right toFAPE at all


RE: no co-teaching orspecial class, unlikely tohave impact (?)

RE: mediation intended to bevoluntary, so forcedmay waste time;overlooks requiredresolution session indue process?

April 1 deadline isearly; may depriveeligible student ofservices


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Part Two:


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Current Law

parent or caregiver (child); A special education teacher; A general education teacher; A representative to supervise

meeting;

Someone who can interpret theevaluation;

A parent member

Physician (72 hours) Any other person having

specialized knowledge.

Proposed Changes Revised to reflect

Federal IDEA.

Eliminate: School psychologist Parent member School physician

(eliminate 72 hournotice)

MunicipalityRepresentative (CPSEonly)


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Justification

Under federal law, norequirement to

include thesemembers at the CSE/

CPSE

Possible Impact on

Students

School psychologistinterprets results ofpsychological testing;

Parent members roleat CSE;

School physician withmedicalcomplications.


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Current Law City School Districts

with more than125,000 must appoint

a subcommittee toensure timelyevaluation andplacement.

Other School Districtswith more than125,000 inhabitantsmay appoint asubcommittee.

Proposed Changes Eliminate all

subcommittees


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Parent / childA special education teacher;A general education teacher;A representative to supervise;Someone who can interpret evaluation;A school psychologist, whenever a new

psychological evaluation is reviewed or a change to

a program option with a more intensive staff/student ratio is considered;

Any other person having knowledge or specialexpertise about your child.


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Justification

No need forSubcommittee if

follow Federalminimum for CSE

membership

Possible Impact on

Students

Delays in meetings


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Current Law

Specific evaluations bemust be conductedduring initial evaluations

A school psychologistdetermines the need toadminister an individualpsychological evaluation;

A written report isnecessary when thisevaluation is conducted.

Proposed Changes

Eliminate specificevaluations during initialclassification and re-

evaluation; Eliminate psychologists

ability to determine theneed for evaluations;

Eliminate the need for areport when anevaluation is conducted.


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Justification Under Federal Law

no Specific

requirement toconduct evaluation-

left to the discretion

of the team.

Possible Impact onStudents

Students classifiedbased only onstandardized tests or

classroom behaviors

only;

Pressure to cut costresults in evaluationsnot conducted


23/30

Current Law

Parents selectevaluator from a list

of approvedevaluators.

Initial Evaluationmust be completed

within 30 school days

Proposed Changes

Eliminate the parentsright to pick

Extend initialevaluation timeline to

60 calendar days


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Justification No Federal

Requirement;

School districts canuse district

employees to

evaluate preschool

students;

Possible Impact on

Students

Increase use ofIndependentEducational

Evaluations

Somewhat longerprocess to evaluate,approve & implementservices


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Current Law

1. BOE must havedeclassification

policy & plan2. Re-evaluation

beforedeclassification

3. Provide educational& support servicesupondeclassification

Proposed

Repeal: nodeclassification

policies, plan &services


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Justification

CSE/CPSE makeseligibility decision

Has not resulted in anincrease indeclassification (asintended??)

Possible Impact onStudents

Declassification allowsfor monitoring &indirect support asneeded in transitionalyear; protects againstregression

Parents may be moreapt to contest decisionif Cold Turkeydeprivation ofsupports


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Current Law

CSE/CPSE mustprovide Parent

Handbook to parentsat time of referral

Proposed

Repeal


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Justification

CSE/CPSE stillrequired to provide

ProceduralSafeguards Notice

State now has ParentCenters across the

state to assistparents inunderstanding rights

Possible Impact on

Students

Parents may beconfused about rightsand process

Procedural SafeguardsNotice is technical

Schools not requiredto inform parents ofParent Centers or

provide contact info.


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Current Law

1. BOCES must submitspecial ed spacerequirement planevery 5 years

2. Special notice toparents who areVietnam vets

3. Commissionerapproval of EIservices bypreschool providers

Proposed

1. Repeal

2. Repeal

3. Repeal


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Jennifer Monthie, Esq.Disability Advocates, Inc.5 Clinton Square 3rd Floor

Albany, New York 12207(518) 432-7861

Julie Michaels Keegan, Esq.632 Plank Rd, Suite 111Clifton Park, NY 12065

(518) [email protected]

www.attorneyforspecialneeds.com

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