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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.
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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
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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
PossibleConsequences
May deprive parentswho cannot get alawyer of right to dueprocess
May result in morerequests for impartialhearing because of lesstime to resolve
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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
PossibleConsequences
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
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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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