Transgender Student Guidelines

         Applying Special Ed Law to Transgender Student Discrimination

          While it is incredibly important to stress that transgender status is in no way a disability, there is certainly an overlapping need to advocate on behalf of both transgender students and those with special education needs in order to ensure a safe academic environment.  

          In fact, according to a survey conducted by the national Human Rights Campaign organization, 78% of transgender students report harassment in school, 31% report physical assault, and 12% report sexual violence.  Moreover, 32% of transgender students report having experienced harassment from a teacher. 

          Here, within Skyer Law, we have also seen a steady uptick in complaints of bullying of transgender students.  In these instances, we employ the same zealous client advocacy – for those with special education needs, or those dealing with gender identity issues – whose academic development has been impacted by this type of negative and inappropriate school environment.  

          The NYC Department of Education does provide Transgender Student Guidelines which include directives that students participate in gender-segregated activities with their self-identified peers, and utilize the rest room and locker room facility that aligns with their gender identity.  In addition, the policy advises that students are called by the name and pronoun corresponding to their gender identity, and requires that schools take steps to ensure that a student’s transgender status remains confidential if so requested.  Of course, as with all DOE policies, these directives are only effective if properly implemented by the school administration and adhered to by each member of school staff. 

          The national Gay, Lesbian & Straight Education Network (GLSEN) has created a “Model District Policy on Transgender and Gender Nonconforming Students,” which outlines best practices for districts to employ when adopting school regulations.  We continue to advocate that the DOE utilize GLSEN’s policy, with is designed around the principle that all students have a right to be treated in a manner consistent with their gender identity, to make their own guidelines more robust and implemented universally.

          Again, it is important to remember that a student’s gender identity, expression, or sexual orientation does not equate to a special education need.  However, if your child is dealing with any of these circumstances, they too have a right to a safe school environment, and many of the special education legal principles that Skyer Law attorneys have successfully employed for over 20 years can be applied when advocating on their behalf.  

SCOTUS and Special Education

Court Asked to Define Educational Benefit Standard  

          As the Supreme Court wraps up its current term, it is determining whether to hear a special education case in its upcoming term, which will begin October.  The case in question, Endrew F. v. Douglas County School District, is of particular relevance to our families, as it deals with defining what constitutes a free appropriate public education (FAPE) under the Individuals with Disability Education Act (IDEA).

          In the 1982 seminal special education case, Board of Education v. Rowley, the Supreme Court held that in order for a school district to meet its obligation to provide FAPE under the IDEA, the student’s program must be reasonably calculated to confer an educational benefit.  The Court intentionally left the legal standard for “educational benefit” undefined, and since then, 11 of the federal court of appeals circuits have issued divided rulings regarding that standard. 

          Four of the federal districts, including New York’s 2nd Circuit, and Colorado’s 10th Circuit, which has jurisdiction over the Endrew F. case, apply an extremely low standard, ruling that the program need only confer a “just-above-trivial” benefit.  Another four circuits also apply the “just-above-trivial” benefit, but do not expressly reject a higher standard.  As opposed to this very low bar, two circuits require a school district to offer an educational program that can provide a “substantial educational benefit,” while one circuit applies different standards internally. 

         The attorneys representing the student in the Endrew F. v. Douglas County School District, are asking the Supreme Court to define the legal standard to determine if a program has conferred an educational benefit.  The Court has invited the U.S. Solicitor General to file a brief on behalf of the United States to help determine if it should hear the case. 

          The attorneys at Skyer Law make it a practice of staying abreast of both New York state, as well as federal, trends pertaining to special education law.  We strongly want the Supreme Court to hear this case, as we are certain its doing so will benefit our clients.  We will continuously monitor the progress of this pending case, and keep you updated on the progress.  

Skyer Law Senior Partner and Mayor de Blasio Discuss Reimbursement Delays

            As part of our continued commitment to advocate aggressively on behalf of our clients, this week senior partner, Jesse Cutler, spoke with Mayor Bill de Blasio regarding the ongoing delay parents are facing in the DOE settlement process, as a number of agreements await Comptroller review and approval. 

            Jesse, who is respected within the administration as a leading expert in the special education legal field, informed the mayor of the back log that is occurring within the comptroller’s office.  He further stressed that these delays are contrary to the mayor’s own 2014 policy initiative to streamline the settlement process.     

            Upon learning about the issue, Mayor de Blasio reaffirmed his commitment to expedite tuition reimbursements for families of students whose special education needs have not been met by the City. 

            Our staff continues to regularly follow-up on behalf of each client whose settlement agreement is awaiting review and approval in the comptroller’s office.  We also urge that parents continue to reach out to the comptroller’s office directly at (212) 669-3916 to insist upon a status of your child’s case.  

2015-2016 Settlement Agreements Stalled in the Comptroller’s Office

Parents Forced to Wait Months for Approval

            As we reported in our blog entry on May 3rd, the tuition reimbursement process is being stalled within the NYC Comptroller’s office.  The Comptroller, Scott Stringer, is responsible for reviewing and approving all City contracts, including the Stipulation of Settlement agreements between the DOE and parents of children with special education needs.  Agreements are not released to be counter-signed by the DOE until this review and approval process is complete.  Unfortunately, when undertaking this duty, the Comptroller has not been adhering to the Mayor’s 2014 Policy Initiative to expedite these agreements.
            In addition to our staff’s aggressive follow-up on behalf of clients left in limbo, we are working in concert with a number of other special education agencies and firms to continue to pressure the Comptroller to adhere to the policy.  In response, the Comptroller’s office met earlier this month to discuss the internal review and approval process, and we are beginning to see an uptick in the number of agreements that are moving forward.  We have also learned that as a result of the push-back the office has received directly from parents, the office is scheduling a second meeting at the end of this month to further discuss the delays. 
            We therefore urge parents to continue to contact the Comptroller’s office directly at (212) 669-3916.  In doing so, you will likely be told that any response from a Comptroller’s office representative to a parent who has retained counsel is limited to a prepared statement.  We advise you to indicate that your legal representative has advised you to make direct contact and to insist upon a status of your child’s case.  You will need to provide your child’s date of birth, along with their nine-digit NYC ID number (also referred to as their OSIS number) which can be found on the first page of the Stipulation agreement.

Congratulations Graduates

Bay Ridge Preparatory Class of 2016

High school graduates from the Bay Ridge Preparatory School in Brooklyn, are excited to take the next step in their educational journey to universities and colleges including American University, Boston College, NYU, Pepperdine University, Sarah Lawrence College and University of California, Berkley.  Among these 66 proud graduates, are students who participated in the Achieve Program and the Bridge Program.

The Bay Ridge Prep Achieve Program is designed to provide a layer of support to students who require additional academic assistance.  This support is offered as a combination of classroom work and supplemental small group work.

The Bridge Program at Bay Ridge Prep is designed to address the needs of students with diagnosed learning differences.  The goal is to maximize the learning potential of each student through the development of a focused, individualized educational program. 

To learn more about Bay Ridge Preparatory School, visit the school’s website.