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PUBLIC TESTIMONY

Testimony by Michaela Shuchman, Skadden Legal Fellow at Legal Services NYC, on Special Education Disciplinary Proceedings

4:41:18

ยท

4 min

Michaela Shuchman, a Skadden Legal Fellow at Legal Services NYC, testified about the importance of advocacy in Manifestation Determination Reviews (MDRs) for students with disabilities facing disciplinary action. She highlighted the disproportionate impact of suspensions on students with disabilities and the racial disparities in MDR outcomes.

  • Shuchman emphasized that having an advocate present at MDRs significantly increases the likelihood of positive outcomes for students.
  • She called for New York City to inform families of their right to an advocate during MDRs and to help connect them with one.
  • The testimony stressed the importance of using disciplinary proceedings as an opportunity to reinvest in at-risk students rather than pushing them towards disengagement and dropout.
Michaela Shuchman
4:41:18
Thanks, miss Drayton.
4:41:20
Good evening, and thank you for the opportunity to testify at this hearing and your ongoing efforts to support students, families, and staff in our public schools.
4:41:28
My name is Michaela Schuckman, and I am a Skadden legal fellow at Legal Services NYC.
4:41:34
Legal Services NYC's mission is to fight poverty and seek racial, social, and economic justice for low income New Yorkers.
4:41:41
The education rights practice at LS NYC assists hundreds of New York City school children and their families each year to ensure access to education.
4:41:50
I have the pleasure of advocating alongside miss Drayton for her son's educational rights.
4:41:55
I wish I could say that I was surprised when miss Drayton told me her experience at what is called a manifestation determination review or MDR, but it sounded just like many MDRs that I've heard about and attended alongside my clients.
4:42:09
I have noticed, however, that when I am present at the MDR, there is a much higher likelihood that schools meaningfully discuss the student's disability and create a plan for greater supports for that student moving forward, which is exactly what the law requires.
4:42:23
The IDEA requires school districts to conduct an MDR before removing students with disabilities for long term from their classrooms.
4:42:31
This critical meeting should determine whether the behavior that led to the suspension stemmed from the student's disability and whether the student was receiving their mandated special education services.
4:42:42
If either answer is yes, then the student must return to the classroom immediately, and the school must then determine the root causes of the behavior and the steps necessary to help the student avoid engaging in that behavior again.
4:42:55
But the numbers tell a much different story.
4:42:58
New York City public schools issued over 14,000 disciplinary removals of students with disabilities last year, nearly 40% of the total suspensions, despite these students comprising only 22% of the student population.
4:43:13
Each suspension represents more than lost classroom time.
4:43:17
It often means the denial of crucial special education services and the first step towards school disengagement.
4:43:24
Independent MDR monitor reports from 2015 to 2018 found that only 45% of the time was their effective discussion manifestations that the behavior was related to a disability were found much more frequently for white students than their black students.
4:43:44
The a disability were found much more frequently for white students than their black and Latinx peers.
4:43:50
But having an advocate present alongside the parent can make a huge difference.
4:43:54
Data shows that there is a much higher likelihood of a positive finding if an advocate is present with the parent to advocate for their student.
4:44:02
Miss Drayton's son faced 3 separate suspensions, each included an MDR where his mother was denied meaningful participation.
4:44:12
It wasn't until she secured legal representation through Legal Services NYC that her son finally received proper consideration of his needs and a new evaluation to ensure appropriate support, and he hasn't been suspended since.
4:44:25
Families need access to advocates who can help them navigate the complex special education and discipline systems and protect their child's right to a meaningful education.
4:44:35
New York City should inform families that they have a legal right to an advocate during an MDR, and secondly, should help connect them with 1.
4:44:43
A disciplinary removal represents a critical turning point in a student's education, especially for those with disabilities.
4:44:50
With proper advocacy, this moment can become an opportunity to reinvest in our most at risk students rather than a step toward disengagement and dropout.
4:44:59
By providing families with advocates during disciplinary proceedings, we can create lasting relationships between education advocates and families, ensuring that students with disabilities receive the support they need throughout their educational journey.
4:45:11
Not only that, but reducing disruptive behavior benefits all students and their teachers as well.
4:45:17
In conclusion, our students deserve a system that protects their right to learn, and what's more, the law requires it.
4:45:23
Thank
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