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.
Thursday, October 17, 2019
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.
Sunday, October 6, 2019
The event is intended for lawyers and non-legal professionals, and will be available live and via webcast.
This program promises to provide lawyers and clinicians an inside view into how the special education system works for families with potentially dyslexic and diagnosed dyslexic children. From the initial identification problem to selecting the right intervention services to litigation pitfalls and pointers, the panelists will walk attendees through the stages of the special education system as it relates specifically to identifying and representing a child with dyslexia.
More information about the event can be found here for those who might be interested.
Sunday, September 29, 2019
Thursday, August 29, 2019
On Tuesday evening last week we headed to an office building in Dumbo for our paint challenge. Upon arriving we entered a dimly lit bunker-type atmosphere:
After checking in and getting settled, our first task was to pick a team name. One suggestion was "Marshmallows," for the white hazmat suits we would be wearing and the delicious snack we would resemble. Others suggested using the first initial of each team member's name to form a word: MAPAS, PSAMA, ASPAM. Spam caught on; we also really liked marshmallows. Thus "A Spam Marshmallow" was born and our team's identity forged.
Having named our team, we were ready for the garb. We hopped into our faux hazmat suits and later geared up with helmets and gloves.
We programmed computer screens, slithered between laser beams while crossing from one side of the room to another, and memorized and utilized color and shape patterns.
We then proceeded to the bomb room for a video game challenge and our chance to beat the bomb.
Though we didn't succeed in beating the bomb (few do), we destroyed a handful of targets, got smothered in paint, and ended the evening in smiles and laughter.
Friday, July 12, 2019
Below please find a copy of the flyer containing more information about the panelists:
Here is a link to the formal invitation, including the event location and RSVP information:
Please RSVP if you plan to attend. It will be a great event and we hope to see you there.
Friday, June 14, 2019
I continue to be amazed by my daughter's development. The way she has learned to put words together, for example, is fascinating ("Daddy, sit, floor" or "more...melon" or, on occasion, "some...pancakes"). She is attuned to the weather ("sunny day" or "windy"). When she has had a rough day and just wants to cuddle up and unwind, she asks for "cozy" and "book." She has learned how to tug on our heart strings, asking for "huggies," especially when we are putting her to sleep at night and she wants us to stick around longer. She has become fast friends with her gray plush dog and runs around our home asking "Gray, where are you?" Her problem solving abilities impress me too. Like when something fell underneath the couch out of our reach and she suggested "broom" to help us corral the item. When I came back from the gym sweaty one morning, she said "yucks" (admittedly, with some prompting from my wife) followed by "clean, head, shower." Every day is an adventure and the first 21 months have been quite a ride.
At the same time that my wife and I will be reflecting on the past, we will be looking to the future. In particular, we will be wondering what our lives will be like in just a few short weeks when my wife is expected to give birth to twins. I cannot imagine what life will be like then but were are very excited (and a little nervous) to find out.
To the other fathers out there, on behalf of my family and my firm, I would like to wish you a very special Father's Day. I hope it is a day filled with joy, togetherness, and quality time with your children and loved ones.
Happy Father's Day!
Thursday, May 23, 2019
While the faces below may look friendly, the competition was on and the stakes were high.
The sun was shining, the sky was clear, and the breeze was delightful as we made our way through the golf course. We challenged each other over 18 holes and, at the conclusion, a winner was crowned and a prize was awarded.
It was a great night and a fun time all around!
Monday, May 20, 2019
It was a beautiful evening with tasty dishes in a spacious room overlooking the Hudson River. Rain and fog obstructed the view at the start of the evening but eventually cleared to reveal captivating views of the river and skyline as boats scurried by and nighttime descended.
As always, it was nice to catch up with old friends and meet new people. The absolute highlight of the evening was bumping into a client and learning that she and her son would be featured in the evening's video. As is sometimes the case, Amled, Phil, and I hadn't met this child previously, even though our firm has been representing him for the last several years. We were filled with joy to see and hear how much he has grown and developed over his years at MCC. Following his progress through a multimedia lens in this unique setting was special, and, needless to say, quite different from our normal perspective based on progress reports and legal documents.
Watching the video, I was reminded of the beauty in the work that we do. It is an amazing feeling to observe the results of the special education supports we fight for on our clients' behalf.
Thank you to our client for her courage in sharing her experiences at the gala, and for the opportunity to represent her son and to play a role in his growth and development over the years.
Tuesday, April 23, 2019
MSA is a private special education school located on the Upper West Side of Manhattan that seeks to support and empower children with global developmental delays, autism spectrum disorders, speech and language delays, and neuro-developmental disabilities. MSA utilizes a comprehensive, tailored approach to meet the needs of children with a variety of skill sets. Academic curricula and classroom structure incorporate elements from Applied Behavioral Analysis/Verbal Behavior, TEACCH, and Floortime models.
I will be attending the Open House to field questions from parents regarding the special education legal process, including how to pursue tuition reimbursement.
If you think you might be interested in attending this event, please see below.
Tuesday, April 2, 2019
I first became aware of autism in the spring of 2005. I was completing my psychology major while abroad at Middlesex University in London. That experience altered the course of my life. Had it not been for a small section in a psychology textbook at a school in the UK that sparked my interest in autism I might not be where I am today.
Over the last 15 years I have seen autism awareness increase exponentially. Organizations like Autism Speaks have been instrumental in driving scientific research and educating the public. Schools dedicated to instructing students with autism have mushroomed. Legal battles have been fought and won. Fundraisers like Night Of Too Many Stars have utilized celebrity to promote the cause. Sesame Street has introduced Julia, a character with autism, to make children more aware of and sensitive to their peers.
I am proud to have represented numerous children with autism over the last 10 years of practice in the area of special education law. Oftentimes children with autism require the most intensive interventions. Our law firm is committed to fighting for the full array of services that they may require, both in school and at home, intensively and consistently, to ensure that they achieve meaningful progress in order to become independent, contributing members of society as much as possible.
I continue to be amazed by the strength of the parents we work with and the skills, expertise, and dedication of the professionals who work with our clients who have autism.
I look forward to continuing to spread awareness about autism and fight for those families who are affected by it.
Thursday, March 7, 2019
The conference is a great opportunity to review recent developments in special education law and catch up with colleagues who practice in this area.
I am especially looking forward to the following break-out sessions:
- The Markedly More Demanding Standard: Endrew F., Z.B., N.P. and the Promise of Special Education
- Beyond the Black Letter of the Law: Innovative Strategies to Rescue Drowning Students, Develop Appropriate Programs, and Police Their Implementation
Besides the conference, I am excited to be heading to New Orleans for the opportunity to catch up with some family, enjoy delicious food, and bask in the warm weather.
I also just want to take a moment to note how far our law firm has come since 2010 when I attended my first COPAA conference in Saint Louis and the firm was just a few months old. Over the last nine years, our law firm has become one of the premier boutique special education law practices in New York City. In 2018, the firm helped approximately 150 families secure appropriate placement and/or funding for their children in more than 30 schools. Our team grew to include a second associate attorney, a paralegal, and a full-time office administrator. The firm consists of a dynamic legal and administrative team that focuses on representing individuals with a wide range of special needs and we have earned a reputation for exceptional results and outstanding client service.
I am grateful for the families we have been able to help and the wonderful people I get to work with every day. And I am looking forward to continued growth and client service in the future.
Sunday, December 23, 2018
Prior to joining the Law Offices of Adam Dayan, Phillip spent three years as a litigation paralegal at a New York-based boutique law firm specializing in insurance law where he was responsible for all aspects of trial preparation. Prior to that, he worked as a personal injury law paralegal at a different New York law firm. Phillip is a graduate of CUNY Queens College where he attained a Bachelor of Arts in Economics. In his free time, he enjoys making music and exploring food in the city. He is also active as an event organizer and volunteer. In 2012, Phillip organized a fundraiser to benefit an organization dedicated to preventing malaria in third-world countries, and in 2007 he was a volunteer for Hurricane Katrina Disaster Relief.
Phillip has been a wonderful addition to our team and I know you will enjoy working with him and getting to know him over the coming months.
As 2018 comes to a close, our law firm is excited about starting fresh in the New Year with our enhanced team. On behalf of my family and our entire law firm, I want to wish you and your family happy holidays and a wonderful New Year!
Thursday, November 22, 2018
On behalf of my family and our entire law firm, I wanted to take this opportunity to wish you and your family a very Happy Thanksgiving! I hope your day is filled with delicious food, reflection, gratitude, and quality time with your loved ones.
Wishing you a Happy Thanksgiving and a wonderful start to the holiday season.
Wednesday, August 29, 2018
While John's article focuses on recent developments within the Texas educational system, it highlights a number of barriers that I think parents of children with special needs anywhere oftentimes encounter in pursuing appropriate special education programs and services for their children. Some of the barriers and issues highlighted in John's article include:
- Budgetary issues
- State reimbursement
- Federal funding
- The relationship between delinquent local school districts and federal government agencies (or federal courts) that are responsible for enforcing IDEA
- Tax implications
- Shortages of qualified teachers, psychologists, and therapists
- Certification and qualifications of teachers employed in the school district
- Possible cuts to other school spending
- Backlash from the general education community
In my experience in New York, clients and prospective clients frequently ask me, "Why won't the school district agree to provide the special education programs/services that my child clearly needs and is entitled to?" For instance, parents will go in to their school district meetings with evaluations, experts, and persuasive legal arguments carefully organized to support their position about their child's needs, only to be brushed aside by the school district team and brusquely told that their child does not meet the necessary criteria to obtain the services the parents are seeking. The team usually goes on to say that if the parents have a problem with the team's determination they can pursue their due process rights through the impartial hearing system, which may be effective in the long run but usually is not a quick fix.
In my 10 years of practice in this field, these issues have always existed and I do not have any reason to believe that they will go away. The silver lining is that in New York City we have a robust impartial hearing system that gives parents a forum for formally addressing these issues and resolving their claims. Even in states where the impartial hearing system may not be as structured, parents have the right to pursue their rights under the IDEA in federal court. Parents always have the right to avail themselves of legal counsel to assist them with pursuing their claims. And if it is established that a school district has engaged in a persistent pattern of depriving students with disabilities of services to which they are entitled, a day of reckoning will eventually come, as it did in Texas.
Tuesday, August 21, 2018
It is always bittersweet leaving a place where you have experienced so much. 100 Church is where I started the firm back in December 2009. The firm has grown so much since then and I have grown immensely both personally and professionally.
At the same time, we are all feeling extremely energized and excited about our new beginnings. I myself have been on an absolute high since we moved in.
On behalf of our team let me say that we are thrilled about working with you in the new school year and we are looking forward to welcoming you to our amazing new space.
If you are an existing client and we have not met in person recently please contact our office administrator to schedule an appointment so we can touch base, review the status of your case, and go over any questions or concerns you may have.
Please also update your records to reflect our new office address. For now you can continue to contact our office using the phone numbers and email addresses that you have used in the past as they will remain active, and we will keep you informed regarding any updated contact information.
For your viewing pleasure, here are pictures of our new building and the view from my office (check out the castle-like building on the left side of the second picture):
Thursday, August 9, 2018
On the personal side, it has been a great summer for me and one of the best highlights was traveling with my wife and some friends to Iceland. We spent 5 days and split our time between the South Coast and Reykjavik. On the South Coast we visited a beautiful crater where we found a calm body of light blue water surrounded by red lava ash and green mossy hills. We visited impressive waterfalls of different sorts. At one waterfall, we were able to walk behind the towering stream of water through a cave; at another, we tiptoed oh so carefully on rocks that barely peaked out of the water trying not to slip into the water or bump into our neighbors in order to enter a cave where a hidden waterfall could be found. We marveled at a geyser bursting up from the earth. We hiked on a glacier, which was awe-inspiring in and of itself, but even more so because of the kaleidoscope of colors in the surrounding landscape consisting of black lava ash, green moss, white ice, and streaks of blue (from the ice that had only been exposed to the sun for a brief time). After some time on the coast, we made our way to Reykjavik. Reykjavik is a lovely city with friendly people and a fun vibe. We enjoyed exploring the city on foot, learning about the country's history and culture, horseback riding, and enjoying entertainment at the impressive Harpa concert hall.
On the professional side, summer also means that our law office is super busy helping our clients transition from one school year to the next. Our office has been:
- Speaking with parents regarding proposed program and placement options
- Advising parents regarding Individualized Education Program (IEP) meetings and school visits
- Filing Due Process Complaints (DPC's) for our 12-month clients
- Preparing Ten Day Notice Letters (TDN's) for our 10-month clients
- Filing pendency requests
- Referring parents to private professionals in order to obtain necessary evaluations
- Connecting parents with service providers
- Advising parents about busing-related issues
In addition, we are preparing to move offices over the next few weeks to accommodate our firm's changing needs. Our offices will still be located in downtown Manhattan just a few blocks from where we are located now, which means we will continue to be conveniently located next to many different train stations, and close to the impartial hearing office in Brooklyn so that our attorneys can commute there easily.
We are excited about continuing to achieve outstanding results for our clients in the 2018-2019 school year and continuing to build our team, innovate, and impress.
We hope you enjoy the rest of your summer. If you are an exiting client and we can assist with your case, or if you are not currently a client but have some questions or concerns, please do not hesitate to contact our office and will be happy to discuss your situation with you.
Wednesday, April 4, 2018
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 Patricia Paloma as indicated below, or to me directly at firstname.lastname@example.org, as your RSVP is required in order to be admitted.
Please feel free to forward this information to anyone else who might be interested.
Sunday, March 25, 2018
A few nights ago I had the opportunity to attend a CASP fundraising event at the Harvard Club in New York City and reunite with some members of the CASP family. The evening brought back fond memories of my visit to CASP, which, among other things, helped me to better understand the role that a school can play in the lives of individuals with special needs beyond the classroom as the students transition into adulthood and the workplace.
I enjoyed meeting new faces and catching up with people I had spoken with on the phone and corresponded with via email but had never met in person. One of the highlights of the evening for me was catching up with Dr. Liliana Mayo, the founder and director of the program, whose passion for helping "individuals with different abilities" and whose warmth, enthusiasm, and dedication are an inspiration to continue advocating for those with special needs.
Pictured above: Liliana Mayo, my wife, and yours truly.
Friday, March 9, 2018
Parents should be aware that, in addition to having rights under the IDEA, they also have responsibilities, including communicating their concerns to their school districts and cooperating throughout all stages of the special education process. The extent to which parents fulfill these responsibilities will affect how likely they are to obtain the supports and services that they are seeking for their children.
Please keep these points in mind as you make decisions about your child's special education needs and feel free to contact our office if we can assist with your planning or address any questions or concerns you may have.
Friday, January 26, 2018
Monday, January 15, 2018
U.S. Department of Education Issues Guidelines for Understanding and Implementing the Endrew F. Decision
The guidance memorandum is available at the following link:
Thursday, January 11, 2018
But we have to push on and our law firm is doing just that. Mid-way through the 2017-2018 school year, we are taking stock of the statuses of our clients' cases. We have litigated and prevailed in numerous impartial hearings of different kinds. We have successfully resolved transportation issues. We have negotiated substantial settlements with school districts. We are continuing to file due process complaints to move our clients' matters forward and we are confident about our ability to achieve positive outcomes.
At our law office, our team has been meeting on a weekly basis to discuss where cases stand and how to address our clients' needs. We have been thinking creatively and collaboratively about how to approach our clients' cases in order to achieve the results that our clients seek. Our team is working diligently to attend to our clients and guide them through NYC's special education gauntlet.
I am pleased that clients have been coming in to our office for in-person meetings to discuss the current school year, review their children's progress or lack thereof, and map out next steps. These face-to-face interactions have been energizing for our team. If you have not yet come in, please reach out about scheduling an appointment.
As we collectively trudge through the rest of winter, and the 2017-2018 school year, our law office would like to remind you about a few points concerning your child's education:
- Timing: It is not too early to start thinking about your child's program and placement for the 2018-2019 school year.
- Communication: Continue to speak with your child's teachers and providers to ensure that he/she is making progress. At any point between now and the end of the school year, you may learn that your child is struggling in the classroom and perhaps not receiving adequate programming, services, supports, or interventions. Updated testing may be necessary or your child's program may need to be modified. Keep an eye out for red flags, which could include poor grades, acting out, boredom/frustration, social/emotional withdrawal, etc.
- Testing and Applications: Psychological evaluations can take time and require planning. For instance, in some cases it can take 1-2 months to obtain an appointment, and several weeks more to complete testing and reporting. School admissions applications require planning too. Leave yourself enough time to complete these processes and adequately plan next steps.
- IEP Meetings: IEP meetings are being scheduled and will be held over the next few months leading up to the start of the 2018-2019 school year. Be prepared to attend them and make sure that the appropriate individuals from your child's current program are prepared to attend the meetings as well. Make sure that you have all your ducks in a row, including updated paperwork, to increase the likelihood that you will secure the supports that your child needs.
- Resources: We pride ourselves on being a one-stop-shop of sorts and we can put you in touch with the right professionals. These professionals will help you understand why your child is struggling and what kinds of supports your child needs in order to progress.
Please do not hesitate to reach out to us to discuss your situation and figure out what steps you should be taking. In the meantime, stay warm and safe. We look forward to speaking with you soon.
Sunday, December 31, 2017
I am not an avid skier and, frankly, there is nothing about skiing that comes naturally to me. At 6'3, I find that my height usually works against me because skiing demands keeping your body low to the ground. For that reason and others, I was definitely outside my comfort zone, but I was excited about hitting the slopes nevertheless.
Once I started skiing, I was awed by the natural beauty surrounding me. At the top of one of our ski trails, we took in a panoramic view of the Wasatch mountain range. What a beautiful sight! The mountain range stood beyond the ski trails, wide and vast, impossible to perceive all at once. The mountains were brownish/gray and streaked with snow. I followed the peaks and valleys with my eyes, thinking that they seemed solid and unified, peaceful and still. They were expressive, rugged, natural, ancient, impressive, and awe-inspiring. As I admired them, I felt free and calm. What was most memorable was where it took me: to a happy and peaceful place where I felt connected to nature and to others.
After skiing, I tried snowmobiling for the first time. I was nervous at first, unsure of what to expect. When I started out on the trail, I was tentative. After a few minutes, I became more comfortable in my vehicle. We were guided to the top of a mountain where I took in another breathtaking view. We then descended a steep cliff and roamed free across wide swaths of snowy terrain. It was fun and exhilarating. Eventually, when our time was up, we made our way back to our starting point. In the few minutes before we arrived there, I slipped into a sublime mental state. The snow surrounding me blended into a single whiteness. I became part of an enveloping white blanket and everything around me went silent. I came out of it feeling a profound serenity and clearheadedness.
Apart from the exciting activities described above, my trip was also special because it was my first trip with my daughter who just turned four months old. My wife and I weren't sure what to expect. Being in the mountains at high altitudes and in wholly unfamiliar environs could have presented many problems for our infant. By all accounts so far, she has been a superstar (red-eye flight home pending). She was well-behaved throughout the trip whether we were sitting in a restaurant, shopping, strolling outside, or traveling in a car. Together we've enjoyed exploring Park City and relaxing. Most of all, I enjoyed seeing all of the miraculous things she is doing (breathing, eating, smiling, interacting, and expressing her needs, albeit without words) and felt very grateful for them. It has been amazing getting to know her and watching her develop.
This New Year's, I would like to wish you and your family all the best in 2018. I hope you experience awe, new adventures, excitement, peace, happiness, and family togetherness. I hope your children continue to develop, grow, and succeed and I hope you continued to be amazed by their accomplishments.
Finally, I would like to wish you serenity, clearheadedness, and connectedness, which I was fortunate to experience in Park City this year.
Monday, May 1, 2017
Dr. McCarton spoke touchingly about her experience working with individuals with autism and also highlighted the collaboration she has observed between parents, educators, therapists, and professionals in the MCC community, which has facilitated effective instruction and meaningful progress. Dr. Devinsky spoke warmly about Dr. Sacks and painted a picture of a man whose love for his patients allowed him to understand his patients in a profound and personal way.
On this special 10 year anniversary, I would like to extend a heartfelt congratulations to MCC on the wonderful work they have done and wish them continued growth and success over the decades to come.