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Navigating the world of special education services in New York City (NYC) can be daunting for parents, especially when faced with the challenge of securing appropriate services for their children through the Department of Education (DOE). One of the main tools at parents’ disposal is the use of Related Service Authorizations (RSAs), but these can come with their own set of complications. This blog will explore the common problems parents face with RSAs and how enlisting an attorney can help negotiate an enhanced rate to ensure that children receive the services they need. RSAs are documents issued by the NYC DOE that allow parents to obtain special education services (such as speech therapy, occupational therapy, or counseling) from independent providers when the DOE cannot provide these services directly or in a timely manner. While RSAs are meant to bridge the gap between the need for services and their availability, several issues frequently arise: Limited Provider Availability : One of the most significant challenges parents face is finding a provider who accepts RSAs. The standard rates offered by the DOE for RSA services are often lower than what many private providers typically charge. This creates a shortage of available providers willing to accept RSAs, leading to delays in service p rovision. Quality of Service : Even if a provider accepts an RSA, parents may find that the quality of service varies. Higher-quality providers may refuse RSA assignments because the rates do not match the level of expertise and resources they offer. This means parents may have to settle for providers who may not be a perfect fit for their child’s needs. Delays and Administrative Hurdles : Obtaining an RSA is only part of the process. Parents often face bureaucratic hurdles and delays when trying to schedule services or manage the paperwork required by the DOE. This can be frustrating and can impact the timely delivery of necessary educational support. The Role of Attorneys in Securing Enhanced Rates Given these challenges, parents often turn to attorneys to help advocate for their children’s rights. Here’s how an attorney can assist in the process and help secure an enhanced rate for RSA services: 1. Legal Knowledge and Advocacy Attorneys who focus on special education law like Gina DeCrescenzo understand the complexities of the Individuals with Disabilities Education Act (IDEA) and how it applies to services within NYC. They can advocate for your child’s needs by navigating the DOE’s systems and procedures, ensuring that your child’s right to a Free Appropriate Public Education (FAPE) is upheld. 2. Requesting Enhanced Rates One of the most impactful roles an attorney can play is requesting an enhanced rate for RSA services. Enhanced rates can be crucial for accessing high-quality providers who do not normally accept RSAs at the standard rate. Attorneys can make a case to the DOE that a higher rate is necessary to secure services that meet the specific needs outlined in the child’s Individualized Education Program (IEP). Instead of the rate being unreasonably low, an enhanced rate reflects the "prevailing rate" in the community - what qualified providers are actually charging! Why Hiring an Attorney Is Worth It While hiring an attorney may seem like an additional expense, the benefits often outweigh the costs: Access to Better Providers : By securing an enhanced rate, parents can access a broader range of qualified providers, ensuring that their child receives the level of service necessary for progress. Saving Time and Stress : Attorneys streamline the process, reducing the stress and time commitment required by parents who would otherwise have to navigate these challenges alone. Advocacy for Future Needs : Having an attorney who is familiar with your child’s case can be helpful for future IEP meetings, hearings, or any subsequent negotiations with the DOE.  Final Thoughts Parents should not hesitate to reach out for legal assistance if they find themselves struggling with the RSA process. With the right help, you can navigate the system more effectively and ensure that your child’s educational needs are met with the quality and consistency they deserve. Call us TODAY!

The New York City Department of Education (NYCDOE) serves over 1.1 million students, including more than 200,000 with disabilities. Despite efforts to provide equitable services, there are significant challenges in the delivery of special education, which continues to be a pressing issue for families, educators, and advocates. The problems facing the NYCDOE’s special education programs are multi-faceted, affecting everything from service delivery to resource allocation and legal compliance. But you are not alone. GDPC can help! Some examples of what our firm can help you with: 1. Delayed or Insufficient Services One of the most pervasive problems in NYCDOE’s special education system is the delay in delivering critical services to students with disabilities. Federal law mandates that students with disabilities receive a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). However, many students in NYC experience delays in receiving services like speech therapy, occupational therapy, or special education teachers. Delays in evaluations and the development of Individualized Education Programs (IEPs) compound these issues. Parents often report that their children wait months, or even years, to receive the services they are legally entitled to, causing setbacks in academic and social development. 2. IEP Compliance and Quality While IEPs are intended to be tailored to meet the unique needs of each student, many parents and advocates argue that the quality and specificity of these plans vary greatly. IEPs may not fully reflect the individual needs of students, and some are written so vaguely that they fail to guarantee appropriate support. There are also concerns around compliance. Reports suggest that many students do not receive the services outlined in their IEPs, with gaps in communication between schools, therapists, and families. The lack of accountability exacerbates these problems, leaving many parents to resort to legal action to enforce their children's rights. 3. Resource Shortages The NYCDOE faces significant resource shortages, particularly when it comes to staffing. There is a shortage of qualified special education teachers, paraprofessionals, and related service providers, which limits the department’s ability to meet the demands of its special education population. This shortage is most evident in overcrowded classrooms, where students with disabilities may not receive the attention or specialized instruction they need. Additionally, many schools lack the physical resources, such as assistive technology or accessible classrooms, to fully support students with disabilities. These gaps in resources not only hinder academic performance but also contribute to the exclusion of students from meaningful participation in school activities. 4. Inclusion and Segregation Inclusion in general education settings remains an ongoing challenge within the NYCDOE. Many students with disabilities are still segregated in self-contained classrooms, away from their non-disabled peers, which can hinder social and emotional development. While inclusive classrooms are the goal, they often lack the proper support systems—like co-teaching models and adequate paraprofessionals—needed to accommodate all students effectively. The failure to fully embrace inclusive practices also reflects broader systemic issues, such as lack of teacher training and insufficient understanding of how to accommodate diverse learners in a general education setting. 5. Transportation Issues Students with disabilities frequently face challenges in accessing reliable transportation to and from school. Busing problems include long wait times, late arrivals, and insufficient accommodations for children with special needs, such as wheelchair access or aides on buses. These transportation failures contribute to higher absenteeism rates among special education students, further exacerbating the learning gaps they already face. Path Forward Contact GDPC today. We have served thousands of families throughout NYS and our record is unmatched. If you or someone you know needs help, do not delay in seeking advice from experts in the field.

What happens if my child is injured at school? Take action immediately! Get medical attention (and ASK for and RETAIN all documents/medical records/discharge summaries). Get incident report(s) from the school/teacher/school nurse and/or anyone who witnessed what happened. Ask your child to write down (or relay to you to write down) everything that they remember about what happened leading up to the incident, during the incident, and after the incident. Ask them for specific staff names and names of kids who were involved or who may have witnessed what happened. Ask to see video footage. Take notes while you view it and ask for a copy. Call a personal injury lawyer with knowledge of education law immediately to learn what your rights are and if you are entitled to compensation. This must be done immediately so that you don’t make any mistakes or miss any deadlines. There are strict deadlines and statutes of limitations for school-related personal injury cases. The Duty of New York Schools in School Injury Claims Schools are not automatically liable for all injuries that occur on campus. There are several factors that an experienced lawyer must consider in making that assessment. Was the property properly maintained? Was the child/children properly supervised? Were the admin/teachers/staff properly trained and did they handle the incident/intervene appropriately? New York districts have a duty to make sure that the school buildings, playgrounds, and all other areas of the district property are safe for their children. If they fail in this tall order, they may be liable for any incidents that result, even if the incidents are unintentional or “accidents.” The school district is responsible for ensuring safety and preventing injuries on school premises. For example, if a child is being bullied or abused (on or off school grounds), the staff must intervene and take appropriate steps to prevent the bullying or abuse in the future. If a district fails to properly supervise or intervene, parents may be able to hold the school accountable and seek compensation for any resulting injuries. What about if a child is injured by the school staff? Either physically or sexually abused? Unfortunately, GDPC has seen these cases all too often and families should contact us immediately to see what can be done to hold the district and those perpetrators liable! 

Special Ed Abbreviations Cheat Sheet (Most Regularly Used Acronyms in Special Ed Law): AAC: Alternative Augmentative Communication ABA: Applied Behavior Analysis ADA: Americans with Disabilities Act AIS: Academic Intervention Services APE: Adaptive Physical Education AT: Assistive Technology BCBA: Board Certified Behavior Analyst BIP: Behavior Intervention Plan CBST: Central Based Support Team (in NYC) CBT: Cognitive Behavior Therapy CPI: Crisis Prevention Intervention CPSE: Committee on Preschool Special Education CSE: Committee on Special Education DBT: Dialectical Behavior Therapy DOL: District of Location DOR: District of Residence DPC: Due Process Complaint ESY: Extended School Year FAPE: Free and Appropriate Public Education FBA: Functional Behavioral Assessment IDEA: Individuals with Disabilities Education Act ICT: Integrated Co-Teaching IEE: Independent Education Evaluation IEP: Individualized Education Plan IESP: Individualized Education Services Plan LEA: Local Education Agency LRE: Least Restrictive Environment NPS: Non-public School OPWDD: Office of People with Developmental Disabilities OT: Occupational Therapist PECS: Picture Exchange Communication System PLOP: Present Levels of Performance PT: Physical Therapist PWN: Prior Written Notice RTI: Response to Intervention SEIT: Special Education Itinerant Teacher SETSS: Special Education Teacher Support Services SLP: Speech/Language Provider

A parent may want to use a special education attorney over an advocate for their child with special needs for several reasons. Just a few: Legal expertise: Special education attorneys have a deep understanding of the laws and regulations related to special education (and the nuances of those laws) and can provide guidance on how to navigate the legal system. Formal representation: Attorneys can represent a parent and their child in legal proceedings, such as due process hearings or court cases. Advocates, on the other hand, are not typically allowed to represent clients in formal legal proceedings. And the districts know that. There is no threat of a legal action from an advocate and therefore less (or no) leverage. Ability to negotiate: Attorneys have the education, skills and knowledge to negotiate with school districts and other government agencies on behalf of their clients. Experience in handling complex cases: Special education attorneys often have experience handling complex cases, such as those involving disputes over the type or location of services provided to a child. Ability to think bigger. Attorneys can advise you on potential cases well beyond what you came to them for. They can identify and counsel you on a potential personal injury matter or discrimination claim, for example, even though you might have come to them with what you believed to be a straightforward IDEA issue. It's important to note that an advocate and attorney can work together and an advocate can sometimes help with the preparation and gathering of important information before the case goes to the attorney.

Colleges and universities are required by law to provide reasonable accommodations to students with disabilities, as outlined in the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. These accommodations are intended to ensure that students with disabilities have an equal opportunity to access and participate in the educational programs and activities offered by the institution. Examples of accommodations that may be provided include but not limited to: Extra time on exams Note-taking assistance Sign language interpreters Assistive technology Alternative testing arrangements Priority registration Adapted equipment or materials It's important to note that the specific accommodations provided will vary depending on the individual needs of the student and the nature of their disability. Under the ADA and Section 504, colleges and universities are not required to make accommodations that would fundamentally alter the nature of the educational program or create an undue burden. Examples of accommodations that may be considered undue burdens or fundamentally altering the nature of the program include: Lowering or substantially changing academic standards Providing one-on-one personal assistance Making significant structural changes to a building Providing expensive equipment or services that would significantly increase the institution's budget Creating a separate program for students with disabilities It's important to note that the determination of what constitutes an undue burden or a fundamental alteration is made on a case-by-case basis, considering factors such as the institution's resources and the specific needs of the student. It's also important to note that the academic adjustments that colleges and universities must make for students with disabilities are determined by the needs of the individual student, and not by the nature of the disability.

You May Be Eligible for Compensation: Tylenol & Autism Linked! Call us ASAP.   IT IS HARD TO BELIEVE that the most commonly prescribed painkiller for pregnant women may have huge risks associated with taking it while pregnant. Numerous PEER-REVIEWED studies have shown that Acetaminophen (Tylenol) use during pregnancy is associated with a increased risk of ASD and ADHD in children. Hundreds of lawsuits, already filed, allege that prenatal use of acetaminophen, such as Tylenol, caused autism and ADHD in children. GDPC families may have a case for: Medical Costs and Bills, Pain & Suffering Lost Wages Loss of Enjoyment of Life Permanent Disability Other Associated Costs  If you are a Mother who took Tylenol or any other brand of Acetaminophen during pregnancy and your child has Autism or ADHD*, we want to hear from you! *We will discuss possible exclusionary factors when you call. Know your rights. Protect your family.

Here is an important follow up article detailing the strong reactions the writers received from state and federal lawmakers on their reporting (link here) and how they’d like to address issues around restraint and seclusion in schools: https://www.timesunion.com/news/article/Unacceptable-lawmakers-pursue-reforms-around-17553529.php