It's
back-to-school time, and in order
to be properly prepared, there are
a few items you'll need to get:
school supplies, new clothes, bus
pass, lunch box-and a lawyer.
For
many families with children who
have special needs, that might
just be the agenda.
On
Long Island, it is estimated that
between 11 and 14 percent of
students are in the special
education system; add to that the
large number of children who have
unaddressed disabilities or
problems that are not addressed
properly by the district. In some
cases, parents will be able to
obtain all the services they need,
and they will be able to work
cooperatively with their school
district's special education
department. In other cases,
parents will find themselves in an
adversarial position with their
district, and they will need help.
Rita
Lenz, of North Bellmore,
experienced both sides of
advocacy. Her son Michael is
autistic and was classified as
such in kindergarten. Lenz had
positive interaction with the
North Bellmore Union Free School
District, where Michael attended
school in his early years. For
Lenz, it was a cooperative
relationship. Her son was part of
an inaugural program for autistic
children. But when it was time for
Michael to attend middle school,
in the Bellmore-Merrick Central
High School District, where 10.4
percent-the low average-of the
students are classified as special
ed, everything changed.
"They
were not equipped to service
Michael correctly," Lenz
explains."They just didn't
have a proper placement for
him." As is happening with
many autistic children,
transitioning is problematic.
Lenz
says she found it "difficult
to get communication lines open
with the district." Realizing
the battle would be emotionally
draining and time-consuming, she
hired a lawyer who specializes in
fighting for the rights of
children with special needs-Doreen Cordova.
When Cordova takes on a case, as
gentle as her demeanor seems, she
will not take "no" for
an answer. "I try not to be
adversarial," she
explains."I just want [the
districts] to do the right thing
for these students."
And
that's just what she did for
Michael Lenz, who is now 12. He
now has the services an autistic
child his age needs.
"They
didn't realize the transitional
needs Michael had," says his
mother. "As a parent it was
very, very hard to get that across
to them without Doreen's
help."
While
Michael was classified with a
disability since kindergarten,
15-year-old James' battle didn't
really begin until much later-in
high school. According to James'
mother, Linda Burns (their names
have been changed in this
article), their district, the
Hicksville Union Free School
District-where 12.6 percent of
students are classified for
special ed-refused to classify him
for services and only allowed
modifications under the 504 plan,
which provides accommodations to
students with special needs who
are not classified as special
education students. Burns says
that she knew that her son, who
has central auditory processing
disorder, required
"deep" services such as
speech and language
rehabilitation, and so began her
heated fight with the district.
(The director of special education
for HUFSD was on vacation when
called by the
Press
and
was unavailable for comment.)
"I
went to meeting after meeting,
getting so frustrated," Burns
recalls. "Finally they gave
me a flat-out 'no!' so I hired
Doreen Cordova, who not
only turned out to be incredibly
effective and well-informed, she
was so humane. She fought this
through her knowledge and her
heart. She cares about these kids.
And once Doreen had them provide
the proper testing we needed, and
the results showed he needed help,
the services [James] required
came."
Cordova
is one of a few lawyers on Long
Island specializing in school
advocacy, and through her South
Hempstead private practice, Cordova & Associates, she
provides special education legal
services Islandwide.
Cordova
is wholly devoted to the cause.
She doesn't charge those who can't
afford her services; she has a
sliding-scale fee to accommodate
clients' needs; she works seven
days, "all day long";
and most importantly, clients have
her "for the long run."
The school district might want to
give up on a child, she says, but
she won't.
"These
parents have to have an
attorney," she warns.
"They cannot do it on their
own.
"Parents,
for the most part, are not
knowledgeable in educational law.
They have enough to be concerned
about. They can't look at an
evaluation and say it is fine.
They need someone who knows the
law."
Cordova's
large desk is full of files. All
represent the
quality-of-educational-life cases
she's currently handling, many
pro
bono.
(In those court cases where
parents prevail against their
school distrct, legal fees are
reimbursed by the district.)
The
adjoining room is filled with
colorful toys for children to play
with, while their often
distraught, on-the-edge parents
are pouring their hearts out to Cordova, who is often the
first sympathetic ear the parents
have come across. The soft-spoken Cordova says she has prevailed
in about 95 percent of her cases,
in an amicable fashion. It's easy
to believe.
Unlike
some lawyers who will only take on
court cases, or some lay
advocates, who will only advise a
parent prior to a committee on
special education (CSE) meeting at
the school, Cordova does it
all. She attends CSE meetings in
an attempt to head off future
litigation. She has a simple credo
when it comes to dealing with the
many school districts she works
with: "They know I'm not
there for the fight. I'm there for
the well-being of the child."
But
if it's a fight they want, she'll
give it to them. And so will
Andrew Cuddy, an attorney in
upstate Auburn, N.Y., who
specializes in cases regarding
special education. Long Islanders
comprise 25 percent of his
practice. Cuddy, the author of
The
Special Education Battlefield,
takes on mostly the court cases.
He, like Cordova,
emphasizes that these are not
luxuries parents expect their
child to receive-these are
required federal and state
services for what the federal
government calls an
"appropriate education."
"Parents
are most vulnerable when dealing
with special education issues with
their districts," Cuddy
explains. "Districts withhold
information and misrepresent a
child's rights and needs.
Districts have their own
[budgetary] best interests in
mind." Cordova agrees:
"They're afraid it will open
the floodgates if they give a
child services. But providing
these services is [legally] not
supposed to be a budgetary
concern. "
Cuddy
says, "It's a very good idea
to at least have an
advocate"-usually a parent
advocate, a lay person trained to
deal with the special education
system, or a lawyer. "Parents
are the best advocates," he
says, "but they are too
intertwined with all their
emotions. Districts take on
techniques at a meeting to set off
those emotions to force parents to
reel back and stop
advocating."
One
parent who didn't stop advocating
is Fran Quinn of Plainedge, whose
son, Nolan, 15 needs services and
is an honor student. He began with
504 modifications and now has a
full Individualized Education Plan
(IEP), part of the special ed
program.
"Some
people ask me why my son needs
services if he's getting such high
grades," Quinn says. "I
explain that he gets those high
grades
because
of the services he receives."
Quinn has never had a need for an
outside advocate.
"I
learned everything I could,"
she explains, "and I am very
secure when I attend the meetings
even though they can be very
distracting, very scary and
intimidating. It's one person
against 12. But from day one, you
need to be on top of things."
Quinn does admit that it's easy
for a parent to get all riled up
or "all weepy" at a CSE
meeting and lose focus.
For
even the most well-prepared
person, such as Quinn, a CSE
meeting can be a dizzying affair,
with papers shifting, specialists
jabbering and your child's future
on the line. "It's easy for
parents to go blank," says
Cuddy.
"That's
exactly why you need a
lawyer," says Lenz, the
parent of the autistic son who was
not receiving services he
required.
"By
having an advocate there,"
says Cuddy, "the parent isn't
so personally involved. They can
hear and respond, and their
emotions don't interfere with
their thought process."
Why
does it have to go this far? Cordova and Cuddy both say it
is a combination of reasons:
budgets, not fully understanding a
child's disability, poor testing
by the school district, and one
that is even worse, according to Cordova: "Schools allow
failure.
"It's
unacceptable," she adds.
Recently,
there was a slight glitch in James
Burns' services. His mother
contacted the school and she says
they once again gave her a hard
time.
"Do
you want me to bring the lawyer
back?" she says she asked.
Linda
Burns' request was honored the
following day.