All posts by Gary Mayerson

Attend our ABA workshop

My Child Needs Applied Behavior Analysis (ABA) – Now What?

Wednesday,  May 30, 2018
6:00 PM – 8:00 PM
Located at Mayerson & Associates
330 West 38th Street, Suite 600
New York, NY 10018
(212) 265-7200

Applied Behavior Analysis (ABA) may be recommended as a necessary component of your child’s educational program.  For nearly 20 years, our firm has been a pioneer in establishing the right to funding for ABA.  This workshop will provide parents with an understanding of their legal rights, program and placement options that include ABA, and strategies designed to help secure funding for ABA therapy for your child.  Registration is required and space is limited.  Please email Sean@mayerslaw.com to RSVP by Friday, May 25th.  Light refreshments and beverages will be provided.

Come and meet State Senator Gustavo Rivera!

You are Cordially Invited!

On April 10, 2018, between 6 and 8 p.m., Mayerson & Associates will be hosting a meet and greet reception for State Senator Gustavo Rivera, the Ranking Member of the New York State Senate Health Committee.  Senator Rivera has a brother on the autism spectrum and his record shows tremendous support for the special needs population and worthy health and education-related initiatives.  Local government is becoming more and more important these days. Come and meet Senator Rivera to discuss the issues that are important to you!  Light refreshments will be served and there is no charge to attend.  Please RSVP to Sean LeVan, at (212) 265-7200.

New York Law School Symposium Focuses On Supreme Court

On March 23, 2018, New York Law School held a symposium focusing primarily on two important cases decided by the Supreme Court; Frye (having to do with the exhaustion of administrative remedies requirement) and Endrew F. (defining the meaning of the IDEA statute’s entitlement to a “free appropriate public education). Gary Mayerson presented as a panelist during the segment entitled “From Rowley To Endrew F.”  Gary also introduced guest speaker Clifford Rowley, the father of Amy Rowley, the student at issue in the Supreme Court’s seminal 1982 Rowley decision.  Mr. Rowley’s presentation was delivered in American Sign Language, and it provided a fascinating account of his family’s life and history before and after the Rowley decision.  Amy Rowley, for example, went on to earn a Ph.D. and is now a college professor in California.

At the conclusion of the Symposium, Gary Mayerson and colleagues Jean Marie Brescia, Maria McGinley, Jacqueline DeVore and Susan Wagner attended a reception in honor of NYLS Professor Richard Marsico, who coordinated the symposium and recently co-authored the law school textbook entitled “Special Education Law and Practice.”

Coincidentally, on March 23, 2018, the very same day as the NYLS Symposium, the Second Circuit rendered a decision answering one of the core questions discussed by the “From Rowley To Endrew F.” panel.  One of the important issues presented to the panel was whether or not the decision in Endrew F. represents a “sea change” in the Second Circuit, or whether that decision is reflective of existing Second Circuit precedent.  In Mr. P and Mrs. P., the Second Circuit Court of Appeals expressly held for the very first time that “Prior decisions of this Court are consistent with the Supreme Court’s decision in Endrew F.”

Gary Mayerson with Clifford Rowley

The Impact Of The Supreme Court’s Landmark 2017 Decision in Endrew F.

 In March of 2017, by a unanimous 8-0 decision, the U.S. Supreme Court mandated a far more robust, outcome-oriented FAPE standard. In Endrew F. v. Douglas County School District RE 1, 137 S.Ct. 988 (2017), the high court articulated a new FAPE standard, clarifying that a FAPE is required to be “markedly more demanding” than a “more than de minimus” standard and must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” The Court further explained that every child is entitled to the chance to meet “challenging objectives” and that this should be accomplished by parents and school districts working together collaboratively to develop an IEP setting forth goals that are “appropriately ambitious.” A remand was ordered back to the district court so that the district court judge (who had ruled for the school district) could reconsider the record in light of the Supreme Court’s new FAPE standard.

On February 12, 2018, the district court judge (Judge Babcock) reversed himself and awarded the student full tuition reimbursement relief and transportation based on the Supreme Court’s new FAPE standard.  The district court judge explained that, applying the new FAPE standard, the IEP offered to the student by his school district “…was insufficient to create an educational plan that was reasonably calculated to enable [the student] to make progress, even in light of his unique circumstances, based on the continued pattern of unambitious goals and objectives of his prior IEP’s.”

The Supreme Court’s unanimous decision in Endrew F.  and the district court’s analysis on remand should help parents and school districts work together more collaboratively to design IEP’s that are “reasonably calculated” i.e. designed to promote greater levels of independence and self-sufficiency.  By way of a caveat, there still is, however, no entitlement to an IEP that is designed to achieve an optimal outcome.  As the high court explained in its 2017 decision, there is no entitlement to “…an education that aims to provide a child with a disability opportunities to achieve academic success, attain self-sufficiency, and contribute to society that are substantially equal to the opportunities afforded children without disabilities.”  No matter.  There is now much needed room for improvement between mere access to the “floor” of educational opportunity and the broader opportunities that a neurotypical child can expect.  Hopefully, the Supreme Court’s decision in Endrew F. will help to meaningfully reduce that gap in the years to come.