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Cuomo Vetoes Special Education Placement Bill

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July 31, 2012, 5:23 p.m.

Gov. Andrew M. Cuomo has vetoed a bill that may have increased the number of special education students eligible for private school placement.

The bill called for school officials to consider “home environment and family background,” like religion, when approving taxpayer-financed tuition for private schools. But the governor said the bill “unfairly places the burden on taxpayers to support the provision of a private education.”

Advocates for the bill, including religious organizations, argued that the bill would help provide more “appropriate” placements for children with special needs and streamline reimbursement to families.

Lawmakers from both chambers passed the legislation in June. Mayor Michael R. Bloomberg, who opposed the measure, praised the governor for blocking the bill’s passage.

“The proposed legislation would have imposed another unfunded mandate on taxpayers across New York,” Mr. Bloomberg said in a statement. “With his veto, Gov. Cuomo has once again shown his commitment to fiscal responsibility and to protecting both the city and state from unsustainable financial burdens.”

The Wall Street Journal reported the governor said in his veto message that “the bill ran contrary to his commitment to reducing the expensive mandates Albany places on local governments. School districts, which lobbied strongly against the bill, have been dealing with an increase in the number of students who win the right to go to private schools on the taxpayer’s dime.”

Assemblywoman Helene Weinstein of Brooklyn said she was disappointed by the veto, claiming there was “a lot of misunderstanding” about the bill’s impact.

“For the sake of clarity, it should be known that this measure is all about putting children first. It is about removing barriers to education for one of our most vulnerable populations, children with special needs,” she said. “It is about giving these children an equal opportunity to succeed.”

Patricia Willens is the editor of SchoolBook. Follow her on Twitter @pwillens

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Christina Casale July 31, 2012, 10:57 PM

This shows immense political courage. Governor, you did the right thing.

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Elyzsabeth Ahne August 1, 2012, 12:04 AM

I TOTALLY agree with Governor Cuomo: it's a HORRIBLE idea to send special ed-labeled students to religious schools.

Religious schools, which are more controlling and repressive environments, are not equipped to deal with certain special ed-labeled students who, because of their behavior and emotional issues, are more likely to act out/up. These unwanted (“bad”) students will be targeted for punishment more than the rest of the student population in each school—much more so than if they were more properly placed into special-ed schools (special-ed classes in regular schools are a VERY bad idea, too, because special ed-labeled students placed in these tend to get targeted by bullying “normal/regular” students).

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Steven Bavaria August 8, 2012, 1:27 AM

Bravo for Governor Cuomo. This bill would have destroyed the public schools. Currently, to have a local public school board pay for sending a child to a non-public school, there must be a demonstrated clinical, medical or physical "special need." This bill would have broadened the definition to include "home environment and family background" so that any child whose family could argue that their family background and home environment made them uncomfortable in a secular public school setting could petition to have the public school pay to send them to a school - Yeshiva, Catholic parochial school, whatever - where, given their family background and upbringing, they would be comfortable. If this bill became law, there would be newly minted "special needs" kids in the hundreds of thousands whose parents had cloistered them and separated them from secular society and who now would be able to have the public pay to send them to the private schools sponsored by their own narrow ethnic or religious group. Extreme religious groups have supported this bill, trying to sneak it through under the radar as a "special ed" bill, even though it perverts the traditional definition of special education. Its real goal - and effect - would be to create a "shadow school voucher" system for groups and individuals with good lawyers who could take advantage of it. There would be hardly any money left for those students remaining in what would be a hollowed out public school system.

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