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Advocates Say Special Education Bill Was Misunderstood

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Aug. 1, 2012, 9:14 p.m.

The day after Gov. Andrew M. Cuomo vetoed a special education bill, supporters and opponents kept the debate going, even though chances of an override were unlikely.

The bill, passed by both the State Senate and Assembly, would have required school districts to consider home environment and family background when deciding whether a child should be placed in a private school because the public schools could not meet his or her special needs.

To school districts, the bill was an attempt to make it easier for private and religious schools to claim taxpayer dollars. But religious groups who lobbied for the legislation said it was misunderstood.

Leah Steinberg, director of special education affairs for Agudath Israel of America, which is based in New York City, said the bill was never about religion. Instead, she said, it was about making sure that a child who needs a certain kind of setting in order to learn would get it.

“This is for children who have socialization issues,” she explained, “who are maybe on the Asperger’s or autism spectrum and who cannot really integrate even regular life, for which it is necessary for them to have consistency. And the consistency must play out 24 hours a day.”

James Cultrara, director of special education at the New York State Catholic Conference, said there would have been a rigorous screening process.

“If it’s a matter of the parents making a preference, saying ‘I prefer my child to be in a Catholic school,’ that’s not good enough,” he said.

The bill also would have made it easier for parents to get tuition reimbursements by eliminating the need to reapply each year. Ms. Steinberg said this had been a hardship for families. She and Mr. Cultrara argued that removing the annual application process could save the state money on litigation.

The groups are hoping to have conversations with the governor’s staff in coming weeks.

In vetoing the bill, Mr. Cuomo cited “incalculable significant additional costs” if school districts had to take into account “any possible educational impact differences between the school environment and the child’s home environment and family background.”

Districts around the state feared this would have opened the door for more children to seek private school placements at taxpayer expense by giving weight to religious backgrounds.

The New York Education Department said it spent $150.8 million so far in 2011-12 on private school tuition and services, like tutoring, for students with special needs. That’s a 50 percent increase over the previous year, but about the same as in 2009-10. Officials said there was a lag time because it can take up to two years to settle a case.

More than 3,000 city students received reimbursements for private school tuition in 2010-11, because of their special needs.

Federal law requires that students with disabilities get a free and appropriate education in the least restrictive setting possible. If the child can’t get his or her needs met in the public schools, the family can go elsewhere.

New York State has approved of more than 100 private schools that can take students with special needs at state expense. Families can try to go to other private schools that are not on the state’s list, including religious schools, if they can convince an impartial hearing officer that there’s a need. Local districts pick up the bulk of those fees.

City officials said families who filed for impartial hearings won their cases 60 percent of the time, based on data from the past two years. However, when appeals are filed – by either the family or the city – the Department of Education said it won between 75 and 80 percent of the time.

The Education Department added more lawyers a few years ago, and officials said they were trying to improve the delivery of special education services.

City officials describe a “cottage industry” of private schools and lawyers that specialize in winning these payments. The families that bring these cases often hire experienced lawyers, though there are also nonprofit groups that help low-income families.

Advocates for the families have said they wouldn’t win so many cases if the city truly provided appropriate services for all children.

Beth Fertig is a senior reporter at WNYC. Follow her on Twitter @bethfertig

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Tara Lambert August 2, 2012, 1:45 PM

The intention of this bill had nothing to do with special education. The special needs label was a Trojan Horse to get the bill through. What this bill is REALLY about is an attempt to fund private school attendance for groups who choose and prefer to self segregate. If it had passed it would have opened the door for any separatist identifying group to place their children in private schools on the tax payer's dime.

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Gail Silverman Neri August 2, 2012, 3:11 PM

If parents want self-contained classes for children with asberger's, or other autism spectrum disorders, let them fund it. The taxpayers already pay for special education support services like speech therapy, occupational and physical therapies, within these private, parochial schools although most people don't know this. Public schools have these services, although with the large numbers of children being identified with these disorders at younger and younger ages, I can see that there might be a shortage of appropriate placements, even in the public sector.

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Brenda Tobias August 2, 2012, 2:21 PM

There seems to be a million and one ways to declare; "I'm special" or "My needs trump everything else." Public education cannot possibly address special interests to that extent. We have decided that all children, regardless of ability, should have a place at the school desk. That standard involves a myriad of complex services, professionals and resources. There is simply no room in that formula (that I can see) to subsidize private education.
www.HereSheIsBoys.com

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Gail Silverman Neri August 2, 2012, 2:56 PM

Why don't the private schools offer special education classes? Why don't the religious schools offer special education classes and hire special education teachers? Why don't the parents of those children band together and either demand those services or start a private/religious school that offers what they are asking the government to support? As far as I know, as a retired special education teacher, support services such as speech therapy, occupational therapy, physical therapy, etc. have been paid for through tax dollars, even though the services are received in private/religious settings. If self-contained classes are now being sought as well, I just don't understand why the communities involved don't create and pay for them.

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James Blair August 2, 2012, 3:59 PM

It is not at all surprising that the special education bill was "misunderstood." It was introduced in the last week of the session and voted on by both houses on the last day of the session, such that interested parties, such as school board members like myself, were not aware of its existence until it was passed. The bill itself is very vaguely drafted and the explanatory memo is the same, such that the intent of the drafters, if other than the substantial increase in out-of-district placements of concern to many school districts, was not at all clear. Had the bill been introduced in a timely manner and all members of the education community had a chance to review the bill, its proponents would have had a chance to explain it and, if appropriate, amend it.

Like most bills introduced in the waning hours of the session, this special education bill appears to have been intended to receive no scrutiny, and obtained passage only because of the lack of same.

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Steven Bavaria August 2, 2012, 6:32 PM

This bill is a "back door" school vouchers bill. Once "special needs" is redefined as "family background" or in similar non-clinical terms, the door will be open to every parent with a good lawyer to argue that their child is uncomfortable in a secular, public school setting - because their first language isn't English, or they are used to being with other kids who dress like they do, or only eat specially prepared food like they do, or are members of their particular religion or sect, etc. and needs to be in a private school that the local school board will have to pay for. Once this Pandora's Box is open, it will be difficult to tell other parents with newly-minted "special needs" kids - special music requirements, sports requirements, family traditions ("our family has ALWAYS gone to Groton") - that they don't qualify. Also, what happens when public funds begins paying for kids to attend schools (e.g. Hasidic yeshivas) that teach what many will interpret as unequal rights for women? Obviously people can believe and teach whatever they want, but will the public stand for tax dollars paying for it? Governor Cuomo's veto was a close call for public education in this state. But if this law goes through again and gets signed, it's all over for public schools in many parts of New York, especially "upstate" communities (i.e. anything north of Yonkers is "upstate') where the non-public school community outnumbers and outvotes the public school parents and controls the school board, and will therefore interpret who qualifies under this new special needs definition.

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Peter Goodman August 2, 2012, 8:10 PM

The pre-school special education law cost NYS taxpayers $2 billion a year ... we are the only state with this type of program and we spend many times what any other state spends. The program is a disaster - the servies all provided by for-profit providers and virtually unregulated by the state. The program should be ended. Services for four year olds only and provided by school district with no external provider option. The deeper Comptroller Di Napoli digs the more sludge he will find ... and the more indictments.

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Carol Becht August 2, 2012, 9:16 PM

Public school can not be all things to all people. Sometimes students needs are not being met in a special education setting at your local school. Parents are entitled to mediation and due process.

"Although they are victims of fate, they will not be victims of our neglect" President John F. Kennedy

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