New law aids ‘special needs’ parents

A bill has passed the New York State legislature — and now awaits Gov. Andrew Cuomo’s signature — which could ease the way for religiously observant children with special needs to get state tuition assistance — even at parochial schools.

Assembly bill 10722A/Senate bill 7722-A would include private and parochial schools among those considered to be appropriate education settings as required by federal law while streamlining a lengthy and costly annual tuition reimbursement battle faced by parents.

“Parents and families of special needs children deserve to have reasonable and appropriate options that allow their children the best chance to learn and succeed,” said Assemblyman Phil Goldfeder (D-Rockaway).

“In June, legislation I sponsored was passed by the legislature — this bill will ease the burden on parents by making the process of placement and reimbursement for special education easier while saving money for school districts by ending needless legal battles. I urge the governor to sign this bill into law as soon as possible,” he added.

The Individuals with Disabilities Act (IDEA) sets forth the guidelines enabling all children in need of special education the right to a “free appropriate public education.” In practice across the country, the reference to “public education” doesn’t apply solely to children enrolled in public schools.

IDEA requires the school district to pay the cost of the child’s placement in an appropriate private school setting if there is no appropriate public school setting where the child’s special education needs can be met. But, parents have often faced difficult hurdles in getting school districts to cooperate and have either borne the cost of private schools themselves or paid for specialized lawyers to argue their cases.

Essentially the bill sets forth three salient changes: