By Ellenmorris Tiegerman, PhD
Dr. Ellenmorris Tiegerman is the Founder and Executive Director of the School for Language and Communication Development (SLCD) in Glen Cove and Professor Emeritus at the Derner Institute for Advanced Psychology
In 1995, the public trust was violated when the New York State Education Department decided to change the special education system without holding the required public hearings. The Department utilized, what is referred to as a Rule Making Procedure which did not require public hearings. So, without public hearings and by means of a Rule Making Procedure, the entire special education system was changed without the knowledge of many parents and educators throughout the state. The Rule Making Procedure allowed the State Education Department to introduce program CAPs limiting services to children with disabilities. Whereas in the past services were provided based on the individual needs of students, the program CAPs now require that placement considerations be made based on the needs of a “region” rather than a student’s individual needs.
A great deal of time has passed and a question arises. Is there a moral and/or ethical imperative to demand a review of the state’s actions? What do we do about this system? Do we dismantle it and possibly disrupt children, services and schools? What is the appropriate remedy? Do we hold public hearings now after that system has been in place for 13 years? If we leave the system without redressing the legal violation, then we have legitimized it by longevity. Consider the history of racial laws that were in place for decades. Should the fact that they were in place serve to legitimize what they really were – discriminatory? If we argue by analogy, we are left with powerful arguments that persuasively require some kind of challenge and action to the present system which was illegally manufactured by the State Education Department. As the parent of a child with a disability, what would you do?
