Student in wheelchair in school hallway
Special Needs Planning

Supported Decision Making is now the Law in New York State

By Sandi Rosenbaum, Special Education / Special Needs Advocate Supported decision making is now the law in New York State.  On July 26, 2022, the 32nd anniversary of the Americans with Disabilities Act, Governor Kathy Hochul signed a law creating statutory authority for supported decision making (SDM) agreements.  These agreements provide for a less-restrictive alternative…

Special Education Advocacy

Office for People with Developmental Disabilities Must Address Staffing Crisis in New York

by Sandi Rosenbaum, Special Education / Special Needs Advocate New York’s Office for People with Developmental Disabilities (OPWDD) will release its long-overdue new Statewide Comprehensive 2023-2027 Strategic plan in November 2022, following feedback and discussion.  The draft Strategic Plan has been available since Spring 2022. A plain language version is also available.  While OPWDD’s in-person public forums have…

Elder Law & Estate Planning

Legislation Empowers Families to Support Charitable Organizations Providing Essential Services for Loved Ones

By Amy C. O’Hara, CELA The Special Needs Alliance commends the Senate Finance Committee for unanimously approving legislation that would give families greater flexibility in choosing the remainder beneficiary of trusts established for a loved one who has a disability or chronic illness. Partners Bernard A. Krooks, a past president of the Special Needs Alliance,…

Special Education Advocacy

What Services are Available through the Office of Mental Health?

By Sandi Rosenbaum and Marion Walsh, Esq. According to new CDC data (https://www.cdc.gov/media/releases/2022/p0331-youth-mental-health-covid-19.html), in 2021, more than a third (37%) of high school students reported they experienced poor mental health during the COVID-19 pandemic, and 44% reported they persistently felt sad or hopeless during the past year. Undoubtedly, mental health needs for all increased in…

Special Education Advocacy

Students with Disabilities are Granted Extended School Year Services

By Arshi Pal, Esq. Now that summer has started, parents may have questions about the purpose of Extended School Year  (ESY) Services and whether your child is eligible.   ESY services are services and programming provided to students with disabilities during July and August for approximately six weeks. CSE Determines Eligibility for ESY Services The Committee…

Elder Law & Estate Planning

Significant Changes To The New York State Medicaid Programs

By Brian L. Miller, Esq. Recently, there have been significant changes to the New York State Medicaid programs for New Yorkers who are age 65+, blind or disabled. As discussed in our prior blogs, New York passed a law in April 2020 to implement a 30-month (two and a half year) lookback period for all…

If your child requires significant supervision and support beyond the school day, they may be eligible for services from the New York State Office for People with Developmental Disabilities (OPWDD).
Special Education Advocacy

New Law Extending Special Education Eligibility in New York

By Marion M. Walsh, Esq. This June, Governor Kathy Hochul signed a bill into law https://www.nysenate.gov/legislation/bills/2021/S7866) that allows school districts to extend the eligibility of students with disabilities to receive special education services and programming past the current age of 21 in New York.  This law essentially mirrors the law the Governor signed in 2021…

Special Needs Planning

Americans with Disabilities are still Struggling in New York…

By Joel Krooks, Esq. The unemployment rate as of May 2022 is at 3.6%, yet many Americans with disabilities are struggling to find jobs. Typically, in tight labor markets the unemployment rate for people with disabilities and without narrows. However, the gap is unfortunately expanding, and it is becoming more and more difficult for individuals…

Elder Law & Estate Planning

Estate Planning For Your Pet

By Amy C. O’Hara, CELA When clients hire our firm to put their estate planning in order, they start the process with thoughts regarding their assets, planning for their spouse and children and sometimes who they want to receive their tangible personal property, including jewelry, furnishings, and art.  However, rarely do clients incorporate their furry…

Special Needs Planning

Should The Rehabilitation Act of 1973 or the Affordable Care Act, be Enforced?

By Arshi Pal, Esq. In late April 2022, the United States Supreme Court decided Cummings v. Premier Rehab Keller, P.L.L.C., [LINK: https://www.supremecourt.gov/opinions/21pdf/20-219_1b82.pdf ] which involved Jane Cummings, a deaf and legally blind individual who sought physical therapy services from Premier Rehab Keller, a physical therapy provider. Specifically, Jane requested Premier Rehab to provide an American…