Educational Advocacy in Orange/Sullivan County, New York

Q: Can YESS send an advocate with me when I go to my child's CSE meeeting?
A: In most cases, we would first need to receive and review copies of testing and the most recent Individualized Education Program (IEP). After giving the parent supporting information (including regulations, laws, etc.) and providing over-the-phone assistance, we ask that the parent attend the meeting with a spouse and/or friend, and/or other relative. We suggest that they try to resolve whatever issues they are able to. If the issues are extreme, we do try to schedule an advocate to go with the parent as well. If the parent does go alone, we instruct them that they are allowed to "table" unresolved issues and/or the meeting, hopefully with at least some of the issues resolved. We would then review the issues that have been left unresolved and try to schedule a meeting with the CSE at which a YESS advocate can accompany the parent.

Q: What issues can the YESS Program help me with?
A: The goal of the YESS Program is to assist parents in becoming their child's educational advocate. We provide information, advice, and reference materials. YESS acts as a gateway to support groups and parent groups to further educate the parent. We work closely with FEC service coordinators, Network, and other agencies to make sure all involved are aware of pertinent educational rights and regulations. With the number of new referrals we receive on a weekly basis it is difficult to have staff out of the office to attend all CSE meetings. YESS staff will try to attend meetings whenever possible.

Q: My child is having great difficulty in school and with homework. How do I find out if my child needs special education services?
A: The parent would need to refer the child to the Committee on Special Education (CSE) for testing to find out if there is a disability interfering with her/her learning. The parent needs to send a letter to the CSE Chairperson of their school district requesting this testing be done. We suggest that this letter be sent certified/return receipt or hand delivered and signed for at the CSE office. The school district will then ask the parent to sign a permission to test form.

Q: I referred my child to the CSE last month for initial consideration of Special Services and classification. How long does this process take?
A: The CSE has 60 days to complete the testing, have the CSE meeting, and get the services started after the permission to test form is signed by the parent. We suggest that the parent send a letter along with the referral letter giving permission to test. Or, the parent can go to the CSE office and ask to sign their form at the same time, or soon after, they refer the child for testing.

Q: My child is having a lot of difficulty with his/her homework and not doing well on tests. I referred my child to the CSE and the testing has been done, but the school says that my child is working up to ability and is not eligible for special education services. What can I do?
A: We would advise the parent of their right to request an Independent Educational Evaluation (IEE). An outside evaluator would do another set of testing at the school district's expense. Possibly this testing will help identify any problems the child may be experiencing. If not, possibly a neurological evaluation would be in order. We would also request the parent to send us copies of all testing or sign a release form so that we may request from the school directly. We could then review the testing and possibly make suggestions regarding further testing. If an IEE is done we could also help compare the results with the parent.

Q: My child is a classified student and has been suspended for an incident at school. I have been verbally told that there will be a superintendent's hearing. What is that?
A: A superintendent's hearing is called to decide if the student will receive a long-term suspension. The parent should make sure that they receive a copy of the Due Process notice that explains their rights at the hearing. Parents may call witnesses to the hearing and have the right to have their child testify to the incident. If the child is found guilty the superintendent must call a manifestation determination hearing to decide if the infraction is a direct result of the child's disability. If so, a CSE meeting is called to discuss appropriate supports and a behavior plan to help avoid the same problem in the future. If it is decided that the child's infraction is not a manifestation of his/her disability the child's punishment (suspension) is decided as though the child were a non-classified student.

Q: My child is having some difficulty with his/her schoolwork and probably just needs some extra help. Is the school required to do any tutoring with having my child classified?
A: Yess! School districts must have Academic Intervention Services available to all students, classified or not. Ask your school district for a copy of the policy and discuss with them what your child's needs are.

Q: My child has been suspended for 10 days. Does the school district have any responsibilities to make sure he/she doesn't fall behind with his/her schoolwork?
A: Yess! If your child is below the age of 16 (the age of compulsory education) the school district must arrange for a tutor to meet with your child at a neutral location (public library) to tutor your child. Some tutors are willing to come to the home as long as an adult is on the premises. Grammar school children (Grades K - 6) are entitled to one hour of tutoring a day. Middle School and above are entitled to two hours of tutoring a day if they are below the age of 16.

Q: My child is a classified student, diagnosed with Attention Deficit Hyperactivity Disorder (ADHD). His/her bus ride in the morning is about an hour and fifteen minutes and I'm afraid he/she is going to get into trouble on the bus. What are my rights?
A: Unfortunately, there is no clear cut time limit for transportation. Some hearing decisions cut the transportation time limit at one hour and thirty minutes, others at one hour and forty five minutes. This issue needs to be discussed at a CSE meeting, defining your concerns and putting the school district on notice should their be any incidents related to the child's behavior. The CSE is authorized to make changes in transportation concerns when the child's disability is at issue.

Q: My ADHD son/daughter's regular classroom teacher is unable to handle his/her behavior issues. The CSE wants to place him/her in BOCES. Aren't their other supports we can try before making this drastic move?
A: There is a continuum of educational services that the CSE has to follow to adhere to government issued least restrictive environment regulations. The school district needs to try putting extra services into the child's program to try to keep the child in his/her regular classroom. The CSE should do a Functional Behaviorial Assessment to develop a Behavior Intervention Program for the teacher to follow. Other suggestions would be; one-to-one aide, consultant teacher services, inclusion classroom.

Q: I have tried and tried to work with the CSE on following my child's IEP by getting the services he/she is entitled to into effect. They keep promising, but nothing happens. Where do I go from here?
A: There are several avenues open to you. Calling an impartial hearing to allow your case to go before an impartial hearing officer would be an important first step. You need to be prepared with documentation proving your case. You may also file a complaint with; New York State Education in Albany, Office of Civil Rights in Washington D.C., and Office of Special Education in Washington D.C.

Youth Educational School Services Frequently Asked Questions
Q: Can YESS send an advocate with me when I go to my child's CSE meeeting? A: In most cases, we would first need to receive and review copies of testing and the most recent Individualized Education Program (IEP). After giving the parent supporting information (including regulations, laws, etc.) and providing over-the-phone assistance, we ask that the parent attend the meeting with a spouse and/or friend, and/or other relative. We suggest that they try to resolve whatever issues they are able to. If the issues are extreme, we do try to schedule an advocate to go with the parent as well. If the parent does go alone, we instruct them that they are allowed to "table" unresolved issues and/or the meeting, hopefully with at least some of the issues resolved. We would then review the issues that have been left unresolved and try to schedule a meeting with the CSE at which a YESS advocate can accompany the parent. Q: What issues can the YESS Program help me with? A: The goal of the YESS Program is to assist parents in becoming their child's educational advocate. We provide information, advice, and reference materials. YESS acts as a gateway to support groups and parent groups to further educate the parent. We work closely with FEC service coordinators, Network, and other agencies to make sure all involved are aware of pertinent educational rights and regulations. With the number of new referrals we receive on a weekly basis it is difficult to have staff out of the office to attend all CSE meetings. YESS staff will try to attend meetings whenever possible. Q: My child is having great difficulty in school and with homework. How do I find out if my child needs special education services? A: The parent would need to refer the child to the Committee on Special Education (CSE) for testing to find out if there is a disability interfering with her/her learning. The parent needs to send a letter to the CSE Chairperson of their school district requesting this testing be done. We suggest that this letter be sent certified/return receipt or hand delivered and signed for at the CSE office. The school district will then ask the parent to sign a permission to test form. Q: I referred my child to the CSE last month for initial consideration of Special Services and classification. How long does this process take? A: The CSE has 60 days to complete the testing, have the CSE meeting, and get the services started after the permission to test form is signed by the parent. We suggest that the parent send a letter along with the referral letter giving permission to test. Or, the parent can go to the CSE office and ask to sign their form at the same time, or soon after, they refer the child for testing. Q: My child is having a lot of difficulty with his/her homework and not doing well on tests. I referred my child to the CSE and the testing has been done, but the school says that my child is working up to ability and is not eligible for special education services. What can I do? A: We would advise the parent of their right to request an Independent Educational Evaluation (IEE). An outside evaluator would do another set of testing at the school district's expense. Possibly this testing will help identify any problems the child may be experiencing. If not, possibly a neurological evaluation would be in order. We would also request the parent to send us copies of all testing or sign a release form so that we may request from the school directly. We could then review the testing and possibly make suggestions regarding further testing. If an IEE is done we could also help compare the results with the parent. Q: My child is a classified student and has been suspended for an incident at school. I have been verbally told that there will be a superintendent's hearing. What is that? A: A superintendent's hearing is called to decide if the student will receive a long-term suspension. The parent should make sure that they receive a copy of the Due Process notice that explains their rights at the hearing. Parents may call witnesses to the hearing and have the right to have their child testify to the incident. If the child is found guilty the superintendent must call a manifestation determination hearing to decide if the infraction is a direct result of the child's disability. If so, a CSE meeting is called to discuss appropriate supports and a behavior plan to help avoid the same problem in the future. If it is decided that the child's infraction is not a manifestation of his/her disability the child's punishment (suspension) is decided as though the child were a non-classified student. Q: My child is having some difficulty with his/her schoolwork and probably just needs some extra help. Is the school required to do any tutoring with having my child classified? A: Yess! School districts must have Academic Intervention Services available to all students, classified or not. Ask your school district for a copy of the policy and discuss with them what your child's needs are. Q: My child has been suspended for 10 days. Does the school district have any responsibilities to make sure he/she doesn't fall behind with his/her schoolwork? A: Yess! If your child is below the age of 16 (the age of compulsory education) the school district must arrange for a tutor to meet with your child at a neutral location (public library) to tutor your child. Some tutors are willing to come to the home as long as an adult is on the premises. Grammar school children (Grades K - 6) are entitled to one hour of tutoring a day. Middle School and above are entitled to two hours of tutoring a day if they are below the age of 16. Q: My child is a classified student, diagnosed with Attention Deficit Hyperactivity Disorder (ADHD). His/her bus ride in the morning is about an hour and fifteen minutes and I'm afraid he/she is going to get into trouble on the bus. What are my rights? A: Unfortunately, there is no clear cut time limit for transportation. Some hearing decisions cut the transportation time limit at one hour and thirty minutes, others at one hour and forty five minutes. This issue needs to be discussed at a CSE meeting, defining your concerns and putting the school district on notice should their be any incidents related to the child's behavior. The CSE is authorized to make changes in transportation concerns when the child's disability is at issue. Q: My ADHD son/daughter's regular classroom teacher is unable to handle his/her behavior issues. The CSE wants to place him/her in BOCES. Aren't their other supports we can try before making this drastic move? A: There is a continuum of educational services that the CSE has to follow to adhere to government issued least restrictive environment regulations. The school district needs to try putting extra services into the child's program to try to keep the child in his/her regular classroom. The CSE should do a Functional Behaviorial Assessment to develop a Behavior Intervention Program for the teacher to follow. Other suggestions would be; one-to-one aide, consultant teacher services, inclusion classroom. Q: I have tried and tried to work with the CSE on following my child's IEP by getting the services he/she is entitled to into effect. They keep promising, but nothing happens. Where do I go from here? A: There are several avenues open to you. Calling an impartial hearing to allow your case to go before an impartial hearing officer would be an important first step. You need to be prepared with documentation proving your case. You may also file a complaint with; New York State Education in Albany, Office of Civil Rights in Washington D.C., and Office of Special Education in Washington D.C.