Yorktown, Lakeland School Leaders Oppose Proposed Change in Special Ed Laws

Editor's note: The original story indicated Assemblyman Castelli voted in support of the bill. While he has said he supports the the rights of severely disabled children, he voted against the bill.

Local school districts are asking Gov. Cuomo to veto a bill proposing changes in the way special education placements are made because they say it will place financial and administrative burdens on schools.

Under the bill, passed by state lawmakers last month, schools would need to take a student's home life and cultural environment into account when making placement decisions. The measure would also speed up the process and require districts to reimburse parents for tuition payments made by parents to private schools not approved by the state within 30 days.

"I see absolutely no benefits to the proposed law," Lakeland School Superintendent Dr. George Stone told Patch. "We certainly discuss home environments in our placement discussions now and we place students in private placements when it is the appropriate 'educational' decision, not the appropriate cultural decision."

A group of 16 Westchester-Putnam school boards—including Lakeland and Yorktown schools—have approved resolutions formally opposing the bill, which Gov. Cuomo has not signed into law.

The change could cause public funds to be channeled to private schools because parents of students who are now fully included in public schools parents might opt for the private special education program that complies with the interpretation of considering 'home environment and family background.' The language could encourage more placements of students with low-incidence disabilities whose education can be in six figures.

The bill passed 47-13 in the Republican-controlled Senate and 93-50 in the Democratic-controlled Assembly on June 21, the last day of the Legislature's session this year, according to the Wall Street Journal.

Assemblyman Robert Castelli (R-Goldens Bridge) said he supported some of the ideas behind the bill; however, he voted "no."

Assembly Speaker Sheldon Silver said the costs were not a factor in developing the legislation. "We thought it was [about] fairness," he told the WSJ. "We honestly don't believe that it's going to cost school districts any more than is appropriate, than what's intended."

However, Stone said if this connection to the home is pushed by parents and attorneys and they win cases, school districts will be paying for numerous private school placements.

"This will significantly strain budgets and result in reduced positions in our district," he said. "It may also violate federal law that mandates 'least restrictive environment' for placements."

Some supporters say the bill could actually save on local costs, with fewer placement hearings and drawn-out lawsuits when parents aren't satisfied with the services provided by districts.

Attorney Peter Hoffman said he believed the bill, if passed, would cut down on the number of lawsuits brought by families given the new consideration for family life and cultural circumstances.

Through the resolution, districts also say there may be alternative ways to both streamline how placement challenges are settled and ensure parents receive timely reimbursements when warranted while achieving cultural sensitivity.

"This is a voucher program intended to segregate our children," the Yorktown school board of education wrote in the resolution opposing the bill. "New York State has always been a leader in integrating all of our children, irrespective of race, culture or special needs."

The school board further wrote that: "Now, we are not only allowing a return to segregation, we are encouraging it by paying wealthy parents to use high cost, private services based on culture and not the appropriate educational services needed by the student to separate student, depriving them of the advantages of a shared social experience."

A copy of the resolution is posted with this story.

List of School Districts that Have Approved a Resolution, according to the Westchester-Putnam School Boards Association

Calling Upon Governor Cuomo to Veto Legislation A10722a - S7722a

1. Bedford Central Schools
2. Blind Brook-Rye UFSD
3. Brewster CSD
4. Chappaqua CSD
5. Croton-Harmon UFSD
6. Eastchester UFSD
7. Haldane CSD
8. Harrison CSD
9. Katonah-Lewisboro UFSD
10. Lakeland CSD
11. Ossining UFSD
12. Pelham UFSD
13. Pleasantville UFSD
14. Pocantico Hills CSD
15. Putnam/N. Westchester BOCES
16. S. Westchester BOCES 
17. Yorktown CSD

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