New Mission

New Mission

My mission is to explore how other countries around the world are dealing with education and special education issues.

I would like to visit and observe different types of schools that have proven records of success, wherever those schools may be. I would like to meet with school directors and administrators, government officials, leaders in the business world, and others who are responsible for implementing education systems or otherwise connected to education to learn more about how education is being addressed in their communities.

If you know of any remarkable schools in other parts of the world (especially special needs schools), please let me know about them. If you know of any education experts who are engaged in remarkable work in this field, please introduce me to them.

Please do not hesitate to share your thoughts or ideas regarding the above. Read more about my mission here.

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Thursday, July 2, 2020

New York City Expects Public Schools To Open For In-Person Classes In September

Today Mayor De Blasio announced that New York City expects public schools to open for in-person classes in September.  Social distancing rules will be followed and student schedules may be staggered.  You can read more here.  

Back To School: See And Seize The Opportunities

In our June 9 blog post, we wrote about Governor Cuomo's executive order stating that necessary, in-person special education instruction may be provided in New York State this summer.  Last week, the New York City Department of Education announced that it would not offer in-person instruction for students with disabilities this summer, despite the Governor's order.  Therefore, it looks like remote instruction will continue over the summer.

Although I do not know exactly what school in the fall will look like, there are a few things I can say confidently.  When in-person school does re-open, it likely will look different than it ever did in the past. It could include various measures including staggered schedules, face coverings, and social distancing within classrooms. Based on what our firm has seen so far, some parents are going to take a wait-and-see approach, while others are going to view their current circumstances as an opportunity. 

Here are three examples:

  • Some parents who are feeling uncertain are not re-enrolling their children in private special education schools right now.  The result: coveted spots at some of NYC's best private special education schools, which typically have waiting lists, may actually have openings.  New families who are ready to act swiftly and commit to the new school year may be able to ensure their child's enrollment there when in-person schooling resumes.

  • Some parents who are feeling uncertain are not pursuing evaluations to identify their child's needs and determine an appropriate program.  The result: families who are pursuing evaluations are finding that they are able to get appointments without the typical months-long wait list.  They will be able to secure evaluations on an expedited basis and will be prepared for applying to schools and justifying their child's placement to their school districts.  Those who are not pursuing evaluations now will be dismayed when the masses decide to pursue them later and appointments become scarce again.

  • Some parents who are feeling uncertain are not engaging legal services.  The result: those who are engaging legal services will have the advantage of being able to file their due process complaints early.  This will minimize delays resulting from the case backlog at the impartial hearing office due to a shortage of impartial hearing officers, allow for faster adjudication of parents' claims and, if they prevail, result in faster disbursement of funds by the school district. 
These are trying times and no one knows for certain how the situation will develop. Don't let that stop you from taking the necessary steps to set your child up for success when in-person instruction does continue.

Friday, June 19, 2020

The Impact Of The Pandemic On Special Needs Children

I wanted to share a recent article from the New York Times about the impact the pandemic is having on special needs children.  Some of the points mentioned in the article are concerns that our clients have expressed recently to our firm.  

For example, this week I spoke with a client about her child's poor immune system and the heightened risk of complications from COVID-19 if he were to return to school.  A few days prior to that I spoke with a client whose child has been engaging in self-injurious behaviors due to frustration from remote learning.  

Our hearts go out to families who are grappling with these issues.  We are continuing to guide our clients about options they could be exploring to address their children's needs during this time of crisis and to lessen the harmful effects of the pandemic on their children's development.  

If you would like to discuss your particular circumstances and explore what you could or should be doing from a legal standpoint please feel free to contact our office for further guidance.  

Thursday, June 11, 2020

Public Hearing #2 On Proposed Amendments To Commissioner’s Regulations Today At 10AM

Our May 18 blog post addressed the first of two public hearings on the proposed amendments to Sections 200.1 and 200.5 of the Commissioner’s regulations relating to special education Impartial Hearing Officers (IHOs) and the special education due process system procedures.  

Public Hearing #2 will occur this morning at 10:00.  Here is the relevant information for anyone who would like to join: 

Public Hearing on the Proposed Amendments to Sections 200.1 and 200.5 of the Commissioner’s Regulations Relating to Special Education Impartial Hearing Officers and the Special Education Due Process System Procedures

  • This communication is to inform you that the public hearing scheduled for 10:00 a.m. on June 11, 2020 on the proposed amendments to sections 200.1 and 200.5 of the Commissioner’s Regulations relating to Special Education Impartial Hearing Officers and the Special Education Due Process System Procedures (see Notice of Proposed Rulemaking, I.D. No. EDU-11-20-00013-P, published in the ­March 18, 2020 State Register) will be held via Webex

  • The June 11, 2020, 10:00 a.m. to 12:00 p.m. meeting can be accessed by Webex with the Meeting number (access code): 804 135 862 Meeting password: 29AYbBVwkA2 or by phone at 1-844-633-8697 (US Toll Free) or 1-518-549-0500 (Local) with the access code 804 135 862.

  • The purpose of this hearing is to obtain public comment on the proposed regulations relating to special education due process and impartial hearing officer qualifications in the New York City special education due process system that were discussed at January 2020 and March 2020 Board of Regents meetings. The hearing is not a training or question and answer session.

  • Data, views or arguments may be submitted until June 16, 2020 to: Christopher Suriano, Office of Special Education, NYS Education Department, 89 Washington Avenue, 301M EB, Albany, NY 12234, (518) 473-4818, email:

  • Questions may be directed to the Office of Special Education at 518-473-2878 or

Tuesday, June 9, 2020

School Districts May Be Permitted To Re-Open This Summer For In-Person Special Education Instruction

Governor Cuomo has issued an Executive Order stating that necessary, in-person special education instruction may be provided in New York State this summer.

Based on what we've gleaned so far the order just states that school districts may choose to re-open provided that they comply with applicable federal and state guidance.  

The order does not distinguish between school districts (the NYCDOE, for example, would have greater challenges re-opening than school districts outside NYC) and we don't have any further information yet regarding how the NYCDOE will choose to proceed in light of Governor Cuomo's order.

For further reading, check out these articles from Chalkbeat and the NY Post.  

We are continuing to monitor the situation and will provide further updates as more information becomes available.  

Wednesday, June 3, 2020

IDEAL School Of Manhattan Launches Next Steps Transition Program

Today I participated in an information session regarding the Next Steps Transition Program that the IDEAL School of Manhattan is launching in the fall.

Next Steps is a one, two, or three year program for students aged 18-21 who require additional support to become more independent before transitioning to adulthood whether that may mean higher learning, supportive employment, or something else.

This is particularly exciting for me because helping special needs children transition to adulthood is a mission that has been close to my heart since my 2013 visit to the Ann Sullivan Center, a private special education school in Lima, Peru (see our firm's December 8, 2013 blog post for details).

Here are some of the highlights of the Next Steps program based on today's presentation:

  • Skills Training  
    • Individualized programming and goals to help students achieve successful outcomes 
    • Student-interest driven programming to increase academic, social, vocational readiness
    • Greater independence by engaging in community activities

  • Student-Run Business (i.e., "School Store")
    • Focus on planning, purchasing, succeeding as a business, advertising, managing inventory, customer service skills, operating cash register 
    • Work on social skills, mathematics, and developing regular and meaningful customer relationships 

  • Internships 
    • Career-interest assessment to determine students interest and strengths and match students with internships based on their interests and strengths 
    • Transition support professionals ("job coaches") provided at internship sites 
    • Opportunities to practice work-related social skills 

  • Academic Classes 
    • Personal Finance 
      • School store, banking, shopping, personal finances, making bank deposits/withdrawals, real-life functional math skills 
    • Literacy & Communication
      • Current events, topical discussions, public speaking, resume writing, presentations, writing emails and letters  
    • Daily Living Skills 
      • Maintaining a household, hygiene, other activities part of one's daily routine 
    • Fitness
    • Nutrition & Health
    • Travel 
    • Community Time 
    • Technology & Coding
    • Self-advocacy 
    • Visual Art / Performance Art

The program will be open to both private pay families in instances where a student has received a high school diploma as well as students who may be eligible for funding pursuant to the Individuals with Disabilities Education Act (IDEA)   

Feel free to contact our office if you would like to find out if tuition funding may be available to you through your local school district based on your rights pursuant to the IDEA, or if you would like to discuss your particular circumstances further.

You can access more information about the Next Steps transition program on the school's website.  

Friday, May 22, 2020

Comptroller Will Require DOE To Secure Authority Before Starting Settlement Negotiations

The NYC Comptroller's Office will now require the Department of Education (DOE) to obtain comptroller approval for the terms of a settlement before starting settlement negotiations with parents' counsel.  

Previously, the DOE's practice was to negotiate, reach an agreement, and then seek approval from the comptroller for the agreed-upon terms.  This was problematic, however, for a number of reasons and caused significant delays in the legal process.  Some of these reasons are detailed in an April 29, 2020 letter from the Comptroller's office to the DOE Chancellor, accessible here.

As noted in the letter, city agencies, and even the DOE itself in certain types of negotiations, are already following this practice of securing comptroller approval in advance.  

We welcome this change and are optimistic, based on past experience, that this will result in efficiencies in the process of negotiating, settling, and paying parents' claims.  

Monday, May 18, 2020

Public Hearings On Proposed Amendments To Commissioner’s Regulations

Today I participated in the first of two public hearings on the proposed amendments to Sections 200.1 and 200.5 of the Commissioner’s regulations relating to special education Impartial Hearing Officers (IHOs) and the special education due process system procedures.  

The purpose of these hearings is to obtain public comment on the proposed regulations relating to special education due process and impartial hearing officer qualifications in the New York City special education due process system that were discussed at the January 2020 and March 2020 Board of Regents meetings. 

In particular, the New York State Education Department (NYSED) is proposing to modify the regulations in the following key ways: 

  • Amending 200.1(x) to remove the restriction that all IHO candidates be licensed in New York State; 
  • Further amending 200.1(x) to reduce the number of years of experience and/or practice for attorney candidates from two years to one year; 
  • Further amending 200.1(x) to allow for the certification of non-attorney IHOs to hear complaints filed in New York City only; 
  • Amending 200.5(e) to require IHOs to maintain student confidentiality; 
  • Amending 200.5(j) to require IHOs to render decisions in a consistent format; and
  • Amending 200.5(j)(3)(xii) to allow IHOs to conduct hearings by video conference. 

Here are some of the points that were raised during today's hearing: 

  • Allowing for the certification of non-attorney IHOs would raise serious concerns because: 
    • Adjudicating special education due process matters requires analyzing testimony and evidence, following the rules of civil procedure and motion practice, and ruling on objections, which a non-attorney would not be sufficiently equipped to do; 
    • An IHO must be familiar with and understand how to apply legal precedent, including case law governing the procedures pertaining to litigation in this field (e.g., Jose P. and L.V.); 
    • IDEA cases involve complicated and nuanced matters that require careful analysis; 
    • Pro se parents who are not being represented by an attorney themselves have a right to the good judgment of adjudicators who have legal backgrounds; 
    • Allowing non-attorney IHOs could result in a greater number of appeals, which would be costly for school districts. 

  • Allowing hearings to be conducted by videoconference would be beneficial in many ways: 
    • Greater efficiencies in the impartial hearing process, as has been observed with the emergency measures implemented during COVID-19; 
    • Reduction in the current backlog by streamlining cases; 
    • Convenience for parents and those needing to balance childcare or work responsibilities; 
    • Safety considerations as people would not have to attend hearings in person at the impartial hearing office, which may not yet have proper protocols to address COVID-19.   

Another pubic hearing is scheduled for June 11 at 10:00 a.m.  The June 11 meeting can be accessed by Webex with the Meeting number (access code): 804 135 862 Meeting password: 29AYbBVwkA2 or by phone at 1-844-633-8697 (US Toll Free) or 1-518-549-0500 (Local) with the access code 804 135 862.

Data, views, or arguments may be submitted until June 16, 2020 to: Christopher Suriano, Office of Special Education, NYS Education Department, 89 Washington Avenue, 301M EB, Albany, NY 12234, (518) 473-4818, email:

Thursday, April 23, 2020

Ben Platt And The Cast Of Dear Evan Hansen Perform You Will Be Found Remotely

The emotional impact that COVID-19 has wrought cannot be understated.  Many people are feeling lost, anxious, and worried about what "the new normal" will look like.

I am diverting from the last few blog posts and posting this simply to provide a moment of diversion.

In our March 26, 2017 blog post, I wrote about the impact that the Broadway show Dear Evan Hansen had on me.  Recently I saw a video of Ben Platt and the cast of Dear Evan Hansen performing the song You Will Be Found remotely (following an intro by James Corden).

This song is particularly apt right now when so many are feeling lost and anxious.  I am sharing it here and hope that it brings you a moment of diversion and joy:

Tuesday, April 21, 2020

Manhattan Psychology Group Offering Family Support For Special Needs Families Dealing With COVID-19

Joshua Rosenthal and the Manhattan Psychology Group are offering a free webinar to help special needs families dealing with COVID-19.

The webinar will be 60 minute long (the last 20 minutes are for Q&A) and topics will include a 2-phase plan for the family, adult & couples self-care, signs of distress in kids, parenting tips to keep the peace, how to increase bravery in kids and tele-CBT for families.

The webinar will be repeated 18 times between April 13th to 26th.

No RSVP is required. You can just follow the directions in the link below to join.

TONIGHT: Free Virtual Parent/Caregiver Workshop: Navigating IEPs and Distance Learning During The COVID-19 Pandemic

Dr. Lauren Tobing-Puente, licensed psychologist, is offering a free video workshop for parents/caregivers tonight from 7:00pm-8:30pm called Navigating IEPs and Distance Learning During the COVID-19 Pandemic.

The workshop will provide strategies and time for general Q&A geared toward families of children with special needs who are experiencing enormous strain as a result of the current situation.

In particular, the following topics will be discussed:
  • Strategies for distance learning (including related services) for children with IEPs
  • The IEP process during the pandemic and how schools are proceeding with applications and placements
  • Strategies for self-care, time management, and balancing school and family life during the pandemic. 
I am enclosing a flyer for parents/caregivers who may be interested:

Free Basic Wills And Health Care Directives For Healthcare Professionals On The Front Lines Of COVID-19

I wanted to share information from a colleague who is offering free basic wills and health care directives to healthcare professionals on the front lines of COVID-19.

You can learn more here:

Monday, April 13, 2020

Take Action Against Stimulus Bill That Threatens To Alter The Rights Of Special Needs Children

In our April 6 blog post we wrote about the stimulus bill (CARES Act) provision that threatens to alter the rights of special needs children and parents during the pandemic.

Some areas that could be affected if waivers are granted pursuant to this provision include a school district's "child find" obligation, procedural timelines, what constitutes a valid IEP meeting, a child's right to a timely IEP meeting and impartial hearing, and compensatory education for this period.

We are writing to emphasize the importance of taking action now to oppose these waivers and speak up about protecting the rights of children with special needs.

You can take action by contacting Senators Charles Schumer and Kirsten Gillibrand, as well as your representative in the House of Representatives, to tell them to protect the civil rights of children with disabilities.

Your message should state the following:
  1. No waivers are needed to IDEA (as IDEA already contains significant flexibility)
  2. Congress needs to provide additional funding to states so that they can meet the needs of students with disabilities during this pandemic.
For your reference, I am including a message from the Council of Parent Attorneys and Advocates (COPAA) here. You can use similar language in your email or write your own.

Below are links for you to follow to contact the appropriate individuals:
Ask your relatives, friends, and colleagues to contact Congress as well to maximize the impact of our efforts to protect the rights of children with special needs.

Monday, April 6, 2020

Stimulus Bill Threatens To Alter The Rights Of Special Needs Children

The stimulus bill provision that was reported by COPAA to have been withdrawn as per our 3/23 blog post found its way back into the bill.  The provision threatens to alter the rights of special needs children and parents during the ongoing coronavirus pandemic. 

You may have seen the 4/4 NY Times article summarizing the issue and what's at stake.  I am enclosing a link to the NY Times article here

The passage of the new federal law with this problematic provision could result in U.S. Secretary Betsy DeVos waiving special education rules (particularly those under the Individuals with Disabilities Education Act) as school districts struggle to educate children during the ongoing crisis. 

Secretary DeVos has 30 days from the law's passage to ask Congress for the authority for waivers from the IDEA. 

We are continuing to monitor the situation and will provide further updates soon. 

Monday, March 23, 2020

Special Education Law Updates Amid Continued COVID-19 Pandemic

The purpose of this blog post is to provide some updates regarding the current legal landscape.  This post is just a snapshot of the current situation as the situation continues to change rapidly.

Federal Level
As per our previous post, the United States Department of Education (DOE) issued guidance regarding the provision of services to children with disabilities.

It also issued a fact sheet about addressing the COVID-19 risk in schools while protecting the civil rights of students. 

As reflected in this statement from the U.S. DOE, Education Secretary DeVos published a new resource ("Supplemental Fact Sheet") on accessibility and distance learning options.

Last week the Council of Parent Attorneys and Advocates (COPAA) posted a message about what it believed was a stimulus bill that, if passed, could have resulted in IDEA rights being waived by Congress as part of its response to COVID-19.  This would have jeopardized children’s rights to a free appropriate public education.  However, I am happy to share that, as per COPAA, this proposal was only floated and has since been pulled back.

State/Local Level
The New York State Education Department (NYSED) distributed a letter to all impartial hearing officers (IHOs) loosening the requirements for conducting impartial hearings.  All scheduled hearings are being held telephonically.  Please consult with our office if you have specific questions about how impartial hearings are being conducted in light of these loosened requirements.  

Remote learning goes into effect for all K-12 students within the New York City Department of Education today, March 23.

Remote learning raises concerns for students with special needs who may not have the attention span or otherwise have the ability to sit and learn distantly without an instructor physically present.  Please consult with our office if you have specific questions about how remote learning affects your special needs child.  

Private special education schools -- including both state-approved nonpublic schools (NPSs) and independent private school -- should be creating their own distance learning plans to ensure that special needs children attending private placements receive appropriate remote instruction and therapies during this period.  

You can continue to access NYSED updates relating to COVID-19 here.  

At the New York City Department of Education level, we are still seeking clarification from the Department's Office of Legal Services (OLS), Implement Unit (IU), and Bureau of Nonpublic School Payables (NPSP) about how the current crisis will affect the funding and implementation of special education programs and services as they relate to the operation of those offices within the DOE. One thing, however, is clear: the DOE will require documentation reflecting how the student’s needs were supported by the school during school closures related to COVID-19.  We expect to have further clarification regarding what documentation the DOE will require soon.
Please note that notary rules are changed through 4/18/2020.  The modified rules allow for notary via audio-visual conference.  Follow this link below for details.

We will continue to monitor the situation and keep you posted regarding any further updates.  In the meantime, please do not hesitate to contact our team if have any specific questions or concerns.

Office Closure + Working Remotely

We are hope you and your family are staying healthy and safe during this challenging time as we continue to deal with the coronavirus pandemic.

Please note that, as of Friday, March 13 our physical law office is closed.  The office will remain closed until it is safe to re-open.  

Our team will be working remotely during this time.  Calls to our office will be forwarded to our cell phones.  We are set up to conduct videoconferencing via Zoom.  We will remain accessible via email.  

If, at any time you are having difficulty reaching one of our team members, please contact me directly to let me know. 

Friday, March 13, 2020

U.S. Department of Education Issues Guidance For Provision Of Services To Children With Disabilities During Coronavirus Outbreak

We hope that you and your families are staying healthy and sane amid the current situation.  It is a challenging time.

In response to the coronavirus outbreak, the United States Department of Education (DOE) has issued guidance regarding the provision of services to children with disabilities pursuant to the Individuals with Disabilities Act (IDEA) and Section 504 of the Rehabilitation Act.  

Wednesday, January 15, 2020

MCC Transitions Conference About Changing The World For Young Adults With Autism

This week I attended the Manhattan Children's Center (MCC) Transitions conference about changing the world for young adults with autism and related disabilities.

The concept of helping special needs children transition to adulthood is one that has been close to my heart since my 2013 visit to the Ann Sullivan Center, a private special education school in Lima, Peru that educates children with severe developmental impairments.

In my December 8, 2013 blog post reflecting on my trip, I highlighted the Ann Sullivan Center's emphasis on functional skills, job training, and supportive employment over an individual's lifetime.

This week's MCC conference reminded me of the importance of this subject.  Some of the highlights of the conference for me were Dr. Mary McDonald's discussion about the skills we should be teaching children from a young age so they are able to transition better when they approach "the cliff" (i.e., the loss of services as a special needs child becomes an adult), and a panel discussion about the programs available to adults with special needs.

We spend so much time, energy, and resources supporting and nurturing special needs children until high school graduation or, in some cases, the age of 21.  Why stop providing such support and services simply because these individuals have reached adulthood?

Click here to view recent media coverage regarding the MCC Transitions conference:

Wednesday, December 11, 2019

Adam Dayan To Appear On Talkline Radio With Zev Brenner: Saturday, December 14 At 11PM

I am excited to announce that I will be appearing on Talkline Radio with Zev Brenner on Saturday, December 14 at 11:00 p.m.  We will be discussing special education law and how parents can protect their children's education rights.

If you would like to listen to the radio program, you can tune in to WSNR 620AM at 11 p.m. this Saturday.  The interview will also be available online at that time at

Following the interview we will post a link to the interview on our firm's website and social media channels.

If you have questions relating to the program or you would like to discuss your particular circumstances, please feel free to contact our office.

Tuesday, December 3, 2019

Celebrating 10 Years

It's surreal to write this but today marks 10 years since the founding of our law firm.

I know intuitively that it's a momentous occasion.  Still I needed to clarify for myself why.  I gave it some thought while in the gym this morning and then it hit me!

The answer is best represented in the form of a number: 5,256,000 

Since the founding of our firm on December 3, 2009, I have spent 5,256,000 minutes consciously, unconsciously, and subconsciously dreaming, imagining, thinking, learning, planning, sweating, executing, growing, building, striving, evaluating, and improving in order to establish and grow a special education law firm and to realize a unique vision of what that firm should be like and how we could make a difference in the world.

It has not always been easy but it has always been gratifying.  And I am so fortunate to be working with a wonderful team of people who feel the same way.

Together, in our own special way, we are changing the world.  Not in the global sense of eliminating poverty, or eradicating disease, or bringing peace.  But, on an individual scale, one family at a time, we are securing supports and services for children with special needs; helping them to achieve meaningful educational progress; and, to the extent possible, improving their chances of leading independent, productive, and happy lives.  At the end of the day it's all about the kids -- a message I understand more clearly every day now that I am the father of three children myself.    

We have accomplished so much over the last 10 years and I am so proud of what we have built.  How much more can we accomplish in the 10 years ahead?

I am excited by the possibilities!

Wednesday, November 27, 2019

Thanksgiving Thoughts

On some days, around Thanksgiving time especially, I am overwhelmed by the blessings in my life and all that I have to be grateful for.

I think about my family at home and I am filled with joy.  When my daughter was born 2 years and 3 months ago, I discovered emotions I never knew.  Since my twin boys were born 5 months ago, I have basked in the beauty of the father-son bond (2-for-1 in my case).  In an unexpected way my relationship with my children has deepened my connection with my parents.  And through it all, my relationship with my brilliant, wonderful, and supportive wife has grown more special as we build our family and continue our journey together.

I think about my "work family" and I feel energized by, and proud of, the relationships we have nurtured with each other and the way we have collaborated to fulfill a mission bigger than ourselves.  It is a remarkable thing to be excited about coming to work each day, and I am lucky to be working with such a dedicated, thoughtful, and passionate group of people as we strive to help children with special needs.

And when I think about our clients, I am so deeply appreciative of the trust and confidence they have placed in our firm to protect what is most precious to them and to fight for their children's educational rights.

During this Thanksgiving break, we hope you have time to reflect on the love you feel for your children and the joy they bring to your lives.

Best wishes to you and your family for a very Happy Thanksgiving!

Thursday, November 7, 2019

Small Law Firm Symposium at the New York City Bar Association

I attended the Small Law Firm Symposium at the New York City Bar Association today.  I've attended similar events in the past and always glean valuable takeaways by the time the day is over.

Noteworthy topics at today's event included understanding/identifying unconscious bias, ethical considerations in the business of law (e.g., referrals and fee splitting), and building resilience to optimize one's performance in the practice of law.    

The highlight of the day for me was Stefanie Marrone's session on creating an online presence and utilizing social media to develop your firm's brand.  Stefanie delivered a wealth of information in a small amount of time with a ton of energy and enthusiasm.  She spoke in depth about how to maximize the benefits of social media, particularly Linked In; developing content for your audience; building a network of referral sources; and increasing your firm's visibility.

I had some time to catch up with Stefanie at the networking reception at the end of the day, as shown below:

Throughout the day there were plenty of opportunities to network with fellow attendees.  I enjoyed catching up with familiar faces and meeting others in the field.

For those solo or small firm practitioners who have not attended the annual symposium before, you may find that it is a good way to stimulate your brain about how to grow your firm while interacting with other attorneys who are on a similar journey.

Monday, October 28, 2019

Speaking Engagement at Academics West on Tuesday, November 5

On Tuesday, November 5 I will be participating in an education law panel discussion at Academics West, a private therapeutic educational program that offers students with special needs a flexible and supportive learning environment. 

The focus of the discussion will be about enhancing your advocacy for your child with special needs by securing the appropriate legal and clinical expertise.  This is a great opportunity to learn more about some of the resources available to children with special needs. 

I will discuss the ins and outs of the special education legal process; Dr. Jennifer Oratio, a pediatric neuropsychologist, will discuss testing and accommodations for students with learning differences; and Lexi Hill, the Director of Admissions at Academics West, will discuss Academics West's work with students who have complex learning and social-emotional needs.

I am providing the relevant information below for all who may wish to attend.  If you would like to attend, please make sure to RSVP to Scott Apgar as indicated below.

Please feel free to forward this information to anyone else who might be interested.

Friday, October 25, 2019

SuperLawyers Recognition and Article

I am pleased to announce that I have been recognized by Super Lawyers as a Rising Star for the second consecutive year.  Super Lawyers is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

I am also happy to share an article in which I was quoted about how parents can advocate for the education of a child with special needs.  The article was featured in the October 2019 issue of Super Lawyers Magazine and can be accessed by clicking on this link.

Thursday, October 17, 2019

"Substantially Similar" for Pendency Purposes

Parents considering transitioning their child from one school placement to another school placement should be familiar with the concept of pendency and the "substantially similar" standard in situations where the prior placement was funded by the parents' local school district (District).

Two instances in which the "substantially similar" standard could become relevant are as follows: (1) pursuant to an Individualized Education Program (IEP) a child was previously funded at a state-approved nonpublic school (NPS) and parents are transitioning their child to a different NPS or an independent private school for which they are seeking funding; (2) pursuant to an impartial hearing officer's (IHO) Findings of Fact and Decision (FOFD) the child's placement was determined to be a particular school placement for which funding was ordered and now the parents are transitioning their child to a different placement for which they are seeking funding.  

Parents initially may balk at the idea of changing their child's placement and/or having to initiate litigation in order to secure funding, which always involves a certain amount of risk.  Prevailing case law, however, sets forth that if the child's new placement is "substantially similar" to the previous placement, the District is required to maintain the child in the new placement during the pendency of legal proceedings.  This is a powerful legal mechanism for parents who have identified an appropriate new placement but do not have the means to lay out the tuition owed.  It is also very helpful to schools that would like to accept students who are the right fit for their program but would have difficulty waiting for a final outcome of the case before starting to receive funding from the District.

Through pendency, if the new placement is determined to be substantially similar to the previous one, the District will be required to make tuition payments to the new placement retroactive to the date of the filing of the due process complaint (DPC) through the conclusion of the legal proceedings.  This makes it possible for parents to enroll their child in the new school placement with the security of knowing that the tuition will be funded during the interim regardless of the final outcome of the case on the merits.

Recent federal court cases address the substantially similar standard under pendency.  For example, in Navarro Carillo v. NYCDOE, 384 F.Supp.3d 441 (S.D.N.Y. 2019), the student was placed at iHope, an independent private school for children with brain and injuries or disorders for the 2017-2018 school year.  An IHO determined that iHope was the student's appropriate placement for the 2017-2018 school year.  Subsequently, for the 2018-2019 school year, the parents decided to enroll their child in a different but similar school, iBrain, and sought pendency for iBrain.  I won't go into the full administrative history of the case here; however, I will note that the case made its way to federal court and the U.S. District Court for the Southern District of New York concluded that, based on the substantial similarity between iHope and iBrain, the District had an obligation to fund iBrain during the duration of the legal proceedings pursuant to pendency.

This issue was addressed in other federal court cases as well.  See Abrams v. Carranza, 2019 WL 2385561 (S.D.N.Y. 2019); Soria v. NYCDOE 2019 WL 3715057 (S.D.N.Y. 2019).  I am not going to discuss those cases in depth here.  However, I will note that in Soria it was made clear that the fact that parents unilaterally moved the student (as opposed to being forced to do so due to the prior program shutting down, for example) was not a relevant consideration.  It was also made clear that parents must present sufficient evidence to demonstrate that the two schools being considered are substantially similar.  Considerations for the "substantially similar" analysis might include the type of school, the size of the classrooms, the type of curriculum, the credentials of the teachers, the student's daily schedule, and the related services and supports provided.  For more about related services considerations in this context see Angamarca v. NYCDOE, 2019 WL 3034912 (S.D.N.Y. 2019).

The overarching point here is that if a student was previously enrolled in a program funded by the District, whether pursuant to an IEP or FOFD, just because the parents are transitioning their child to a new school placement does not mean that the stream of funding from the District will be cut off.  As illustrated above, if the new school placement is substantially similar to the old school placement, parents may be entitled to continue receiving funding for the new placement during the pendency of their legal proceedings until a final decision is reached regardless of the final outcome of the case.