New York, NY – A huge chunk of the city’s special education students are being shortchanged when it comes to the services they’re supposed to get.
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As of June, nearly a quarter of the special needs children officials say should receive occupational therapy aren’t getting it, according to Department of Education data.
A sixth of those mandated for physical therapy aren’t getting that, either, the data reveal.
In two other areas, the DOE comes closer to the mark, with 90% of students getting their speech therapy and 93% receiving counseling.
“There are significant compliance problems, particularly with the delivery of related services,” said Kim Sweet, executive director of Advocates for Children. “Some [parents] hit wall after wall and eventually give up.”
The numbers are part of an update on special education that Chancellor Joel Klein is expected to deliver at a Panel for Educational Policy meeting tomorrow.
The DOE blamed a lack of therapists for the shortfall, and said it’s offering scholarships, getting permission for DOE staff to work after hours and seeking more providers.
The numbers do show that the DOE has made strides in providing for some kids with special needs.
For example, 12% more kids due physical therapy were getting it in June than a year earlier. Over that year, 7% more got speech therapy, 6% more received counseling and 9% more got their occupational therapy.
Parents and advocates agree that independent providers – which the city hires when its own staff can’t offer needed services – are scarce but blame the DOE’s relatively low pay rates, slow reimbursement and mounds of paperwork.
In addition, kids whose parents don’t know how to navigate the system are often lost in the shuffle.
“It’s only the parents who have access to advocates and attorneys who are getting anywhere,” said Gary Mayerson, a lawyer who specializes in special needs cases.
When Michael Plisic’s doctor recommended special physical training for the public school first-grader’s motor skills problems, his mother, Amy, hopped on it.
With DOE approval, Michael, who has a disorder called dyspraxia, got eight sessions at an obstacle course-like “sensory gym,” working on balance and coordination.
In September, though, the city dropped the service, refusing to authorize more sessions. The DOE said it couldn’t immediately comment on the case.
“They just told me, ‘All his needs will be taken care of at the school,'” said Amy Plisic, 39.
For three months, Michael’s gotten only half the occupational therapy the city has said he’s supposed to get, she said. “They go, ‘No, no’ to whatever they can. They’re hoping that you don’t even bother to fight it.”
The Dept. of Education has been getting away with this for years. If you don’t have an advocate or a lawyer who knows how to navigate the system you are lost. But don’t give up. My family has gone to many impartial hearings and won all of them. Many times the judges for the Dept of Ed. could not even understand why we were there. That is how clear cut the cases were. They hope that they can wear you down and that you will give up. If you really feel you have a case request an impartial hearing. It is worth the time and effort. Hatzlacha to all in this situation!
The DOE and the CSE are working hand in hand to deny and/or limit services. It is true that a large number of impartial hearings are decided in favor of the student, but while you are waiting for the hearing, the DOE has saved an enormous amount of money. Multiply each case by the number of sessions missed until the hearing is held and you have a LOT of money in the bank. I do a great deal of advocacy, and seldom need to go to impartials. You need to have all your evidence prepared when you go to conference. If your services are awarded but not filled you have to make a lot of noise. It’s amazing how that usually works. March into the school, go to the special ed supervisor, and find out whether or not your child is going to be serviced. If they say the therapist doesn’t have the time, the child is being pulled out of class too much, etc., etc., agree and insist on leaving with an RSA in hand. You can then fill this outside of school. If your child attends private school, and the contracted agency for your district is unable to fill the mandate, insist upon getting an RSA pronto. Keep careful records regarding the number of sessions missed. In April you can file for ESY (extended school year) make-up sessions. You will not be denied. If your private school does not allow therapists to come in during the school day to service the children you will have a problem getting summer services. Make sure you document everything so you can prove that you have tried to get the service – ie – offering to bring your child to the center. Every time you call the agency, record the name of the person you spoke to, the time, date, and outcome of the call.
Hatzlocha.
no news to me, as a parent of a special needs child all i can say is both of the above comments are right,parents without access to advocates are not getting services.
answering #2 you make it sound easy . i have been demanding an RSA for ;my daughter since after succos when the therapist in her school was booked up. the contracting agency(whom we all know) insists i bring my daughter to their centre. i can’t for a number of reasons but mainly because i would like a QUALIFIED therapist at this point in the year. Tzippy, do they have a right to force me to go to their centre? The DOE says they can’t override the agency . i have requested and impartial hearing.