NEW YEAR UPDATE
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With 2021 coming to a close, we wanted to reach out and send our best wishes to you and your family! 
Wishing you a happy and healthy new year! 
OUR FEDERAL LAWSUIT DESIGNED TO KEEP IMPARTIAL HEARING OFFICERS IMPARTIAL
One of the IDEA statute’s fundamental “due process” protections is the right to file for an impartial hearing presided over by independent, specially trained impartial hearing officers who do not have an impermissible conflict of interest. This procedural safeguard is why hearing officers typically make a statement on the hearing record at the beginning of the case that they are not employees of the New York City Department of Education.
 
Earlier this month, the Mayor’s office and others executed a written plan laying the groundwork for a wholesale transfer of New York City’s entire impartial hearing system to New York City’s Office of Administrative Trials and Hearings (“OATH”). This plan would require all hearing officers to be employees of OATH. After the OATH plan was disclosed, Mayerson & Associates assumed a lead role to challenge the plan in federal court as contrary to federal and state law, as well as a move to strip hearing officers of their independence and impartiality.
 
On Friday, December 24, 2021, a group of impartial hearing officers filed an Article 78 proceeding in the Albany County Supreme Court to challenge the OATH plan as being contrary to federal and state law.
 
On Monday, December 27, 2021, the Mayor signed an Executive Order purporting to transfer New York City’s impartial hearing system to OATH. On Wednesday, December 29, just two days later, Gary Mayerson and attorneys Elisa Hyman and Jesse Cutler filed a federal challenge to the OATH plan and the Mayor’s Executive Order. The federal action seeks injunctive relief that, if granted, would halt any further implementation of the OATH plan.

We will keep everyone posted as to further developments in this important matter.
IN PERSON vs. REMOTE
As Covid-19 (Omicron) is behaving in unexpected ways in terms of transmissibility, many schools are revising their Covid-19 policies and procedures. If your school has revised its policies, (remote programming, therapy, and/or services,) please speak to your attorney ASAP about how this might affect your case.
OPT & BUSING NEWS
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If you are encountering transportation issues, you must let your attorney know in “real-time.”  If you are calling OPT and your bus company to document your issue, please be sure to write down the name(s) of the person(s) with whom you speak and any complaint number(s) associated with your call. We need this information.
 
Transportation is often part of a child's entitlement to a FAPE. This is especially true in the case where public transportation is needed to provide the student with access to an educational program. This process should not be as challenging as it is.
We will continue to work with each client family on these issues and do everything we can to ensure that appropriate transportation is being provided to your child.
REIMBURSEMENT & FUNDING UPDATES
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We have significantly augmented our financial team and reallocated staff and related resources to support our clients’ reimbursement and funding needs and to address the DOE's gross delays. If you are currently waiting for reimbursement and/or your child’s school/providers are waiting for funding, please know that our office is in communication with the DOE regularly about your case - in many instances on a weekly basis. If you are having issues with the implementation of any of your child’s pendency services, please contact our office immediately.
HELPFUL TIPS
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  • If you receive ANY documentation from the DOE, please let your team know immediately.
  • If your child is 16 or 17 years old and may need guardianship, please consider getting that process underway. If you receive guardianship for your child, please send us copies of all related paperwork for your child’s file.
  • If you need to mail anything to your attorney, please contact your attorney regarding the correct address. We are still working on a hybrid schedule and want to ensure we receive the materials asap.