Staten Island Developmental Disabilities Council

Proposed Executive Budget for Fiscal Year 2010-2011

The Staten Island Developmental Disabilities Council urges its Legislators to support the following positions and recommendations:

Office of Mental Retardation & Developmental Disabilities

Strongly urges that the Legislature approve the 2.08% trend factor for 2010-11 and the retroactive trend factor of 3.06% for 2009-10.

Strongly urges the Legislature to approve the continuation of the Health Care Initiative.

Strongly urges the Legislature to fully restore the 4% funding cut to Day Habilitation Services.

Strongly urges the Legislature to reject the Executive proposal to cut supervised residential IRA’s by 3%.  We urge our Legislators to include funding to continue residential development so that commitments to individuals and their families can be fulfilled.

Strongly urges the Legislature to reject the imposition of any funding cuts to the Medicaid Service Coordination program until a plan is designed, with the participation of voluntary service providers, which will insure no destabilization of Medicaid funding.

Urges the Legislature to approve the Executive proposal to extend the exemption for clinical practitioner licensing.

New York State Department of Health

Strongly urges the Legislature to approve the proposed Executive regulations for commercial insurance reimbursement for Early Intervention services.

Strongly urges the Legislature to reject the Executive’s proposal to impose parent fees for Early Intervention services.

Strongly urges the Legislature to reject the Executive proposal for interim rate revisions to Early Intervention services until the proposed rates are announced and analyzed.

Strongly urges the Legislature to support the Executive proposal to have providers bill Medicaid directly for EI services only for those providers of at least $500,000 who already directly bill Medicaid for another service(s).

Strongly urges the Legislature to support the Executive proposal mandating the utilization of approved assessment tools that have been developed with the involvement of all stakeholders.

Strongly urges the Legislature to reject the Executive proposal for interim rate revisions to Early Intervention Services until the proposed rates are announced and analyzed.

Strongly urges the Legislature to approve the Executive proposal allowing paraprofessionals to deliver ABA (Applied Behavioral Analysis) services.

Strongly urges the Legislature to reject the Executive proposal reducing Occupational and Physical therapy services in Article 16 clinics.

New York State Department of Education

Strongly urges the Legislature to insure that the Executive proposal includes reimbursement of the MTA Mobility Tax for “4410” and “853” schools at a rate equal to that proposed for public school districts.

Strongly urges the Legislature to reject the Executive proposal to reduce reimbursement for summer school special education.

NYS/NYC Local Assistance

Strongly urges our State and City Legislators to take all necessary steps to insure that individuals with developmental disabilities and their families, caregivers and service providers, do not suffer additional cuts to service due to New York State’s reduced funding to New York City.

Staten Island Developmental Disabilities Council

Position and Recommendations on the Proposed Executive Budget for Fiscal Year 2010-2011

NYS Office of Mental Retardation and Developmental Disabilities

The members of the Staten Island Developmental Disabilities Council, and the people we serve, recognize the deepening financial crisis facing New York State.  Although we are frustrated by the continuously increasing deficit, we accept that significant cost savings must be realized.  However, the private, voluntary organizations funded primarily through NYS OMRDD, matched by the federal government through Medicaid funding, have already sustained very damaging cuts and simply cannot be maintained if additional budget cuts are imposed. 

Essential services have already been put in jeopardy by the mid-year cuts affected by the Governor’s Deficit Reduction Plan.  The services affected are essential.  They are not optional, they are not dispensable, and they are certainly not luxuries.  They are absolutely necessary and have been carefully designed to provide a comprehensive continuum of care.  As parents, professionals and caregivers, we have worked diligently for more than thirty-five years to develop a sophisticated and efficient system of programs and services that offer people of all ages and levels of ability the opportunity to enjoy full inclusion in the community and to lead productive, rewarding lives filled with dignity and promise.  From its beginning, service provision for our most vulnerable citizens has been crafted with the philosophy of person-centered, individual planning.  “Putting People First” has always been our guiding principle.

It is the responsibility of the Staten Island Developmental Disabilities Council to define the priorities of our constituency and to advocate on their behalf to make certain that available resources are directed to providing the most essential services.  During the years immediately preceding the recession, we enjoyed a growing commitment throughout New York State to providing services and supports for developmentally disabled individuals and families. Although the financial climate has changed dramatically, it is imperative that we work together to do everything possible to ensure that this movement continues in a forward direction, that there is no interruption in services, and that programs are designed, and funded, to address the specific needs of each individual.

While we appreciate the many years of past support offered by the Executive and Legislative branches, and continue to count on the strong commitment of Commissioner Ritter and OMRDD, we will not allow our progress to be reversed.  We fear that decision-makers are primarily concerned with the bottom line.  Saving money is paramount and the impact on people who are negatively affected is “collateral damage.”   We worry that if we are not vigilant the advances we have made on behalf of our children will be lost and that service provision will diminish.  We will not allow that to happen.

Adding to our concerns are major changes in our internal structure.  With the retirement of Associate Commissioner Kathy Broderick, after more than thirty years in our field, we are losing a friend, a confidante and a true champion.  We all know and value what Associate Commissioner Broderick has done for Staten Islanders with developmental disabilities.  While we congratulate newly appointed Acting Associate Commissioner Jill Gentile, we will certainly miss having Kathy’s reliable and compassionate presence on Morton Street.  At the same time, we are faced with the possibility of losing the knowledge and guidance of Acting SIDDSO Director, Richard Monck, who has spent his thirty-seven year professional career serving people with developmental disabilities.  We have all “grown-up” together and are now facing a very uncertain future without our trusted allies.

We are counting on you, our elected officials, to be our allies in government, to be well informed on all issues, and to work with us in forming the policies that impact our family members.  We are counting on you Commissioner Ritter to participate fully and compassionately in the budget process so that our people will be protected.  There are various ways that the deficit could have been, and going forward, can be addressed without costing New York State the loss of revenue ($1.60 for every $1.00) generated through increased federal funding.  Ask us!  Living it every day, we are well aware of how the reimbursement system works and can recommend ways that offer effective remedies without halting progress and damaging lives.  That is exactly what happens when someone cannot attend his regular day program because transportation is no longer provided.   That is what happens when a young woman cannot move into a community residence where the quality of life she enjoyed with her family is continued.  And it happens when a two year old cannot benefit from Early Intervention services that, in many instances, will make the difference between regular school and special education.

During your review of the Executive’s proposed budget for 2010-2011, please remember when making your decisions, that the people we serve are not “slots,” they are not “beds,” they are not “ISPM scores”, they are not numbers of any kind.  They are our children, our family members, our friends…they are people.

Because Staten Island is where the shame and tragedy of the Willowbrook State School took place, and where the legacy of progress and accomplishment started, as Staten Island’s elected officials, you have a unique responsibility.  Whatever the reason, it is also indisputable that Staten Islanders have an inordinate number of children born with developmental disabilities. Your job as our representatives is more complex than your fellow elected officials and we are counting on all of you to follow the stellar example of Assemblywoman Elizabeth Connelly and be our champion.  As your constituents, we are urging you, our Staten Island legislators, to make the ongoing needs of our most vulnerable citizens and their families your priority and to work alongside us in preserving essential services.

The SIDDC is responsible for carefully reviewing the Executive’s proposal and for pointing out to our Legislators those areas where funding cuts that hamper service delivery will cause irreparable harm to children and adults with special needs and their families, and those instances where cuts are being proposed that have absolutely no financial benefit for New York State.

Trend Factor

As voluntary service providers, the members of our direct care and support workforce are our most valuable resources.    Direct care and support staff have the demanding and most important responsibility of providing hands-on, life enhancing care to extremely vulnerable and in many cases, fragile individuals.  These men and women, who are among the lowest paid employees, must be knowledgeable, fully trained, sensitive, tolerant and flexible and must provide personalized and skilled care with patience and compassion.

In a community home, direct care staff are relied upon to care for the residents as they would their own family members. In day programs, they must teach and offer guidance that will foster growth and acceptance.  Being an effective direct support professional involves knowing each participant’s particular needs, strengths, likes and dislikes.  At the very least, it is demanding.  It requires much skill, a well developed work ethic, and a great deal of dedication.

An annual trend, especially salary increases for direct care and support staff, is necessary to maintain a high level of service and retain valuable staff members.  It allows providers to develop long range plans and to meet unpredictable increases in the cost of employee benefits and insurance.  A trend factor is critical to safety, quality of service, and fiscal health.  Although the trend factor does not cost New York State anything, it was not originally awarded for 2009-2010, even though New York State employees, who perform exactly the same work, received two salary increases, totaling 7%.  This caused undue pressure on a workforce, and the people they serve, that has always struggled financially. Without a trend factor, staff turnover increases, especially among the most qualified and experienced personnel, and the quality of life for people with developmental disabilities is compromised.  Regardless of the State’s fiscal condition, a trend for the direct support professionals of voluntary service providers should always be included in the Executive’s budget proposal.

The SIDDC strongly urges the Legislature to approve the Executive’s recommendation of a Medicaid trend factor of 3.06% retroactive for 2009-10, and a trend factor of 2.08% for 2010-11.

Health Care Initiative

In addition to salary increases, recognition and other fringe benefits, such as training and open dialogue, contribute to the stability of the voluntary service providers’ workforce.  During this time of fiscal restraints, and escalating health care and insurance costs, the Health Care Adjustment is a valuable and important benefit and recognizes that a healthy and stable workforce can improve the quality of services for people with developmental disabilities.

The SIDDC strongly urges the Legislature to approve the Executive proposal to continue this initiative.

Day Habilitation

Since their disabilities prevent them from currently being employed in a competitive, community-based setting, many people, including those who have the potential to eventually advance, are enrolled in Day Habilitation programs so that they can receive socialization and educational experiences and the guidance needed to develop life and vocational skills.

A federally funded Medicaid Waiver program, Day Habilitation is an essential core program from which over ten thousand people benefit on a daily basis.  Participation increases their involvement in the community and therefore the quality of their lives.  It is designed to offer a variety of activities so that people can choose how and where they spend their program day based on their personal interests.  To facilitate community inclusion for small groups of people, adequate staffing must be maintained to ensure safety, particularly for those with more significant disabilities.  The budget process must recognize that behaviors, mobility, and other health issues determine the needed level of staffing and types of activities for this essential service program.

Day Habilitation Services have already sustained a 4% cut.  We have been advised that this decrease can be handled through efficiencies without any reduction in services.  This is simply not the case.  Over the last few years, voluntary service providers have already been required to adjust to several previous cuts, as well as increased directives and continuously expanding compliance requirements. Our ability to reduce expenses without impacting services has already been severely limited.  There is virtually no way to follow OMRDD’s recommendation to be more efficient without disrupting service delivery at a quality level. 

A cut is permanent.  Funding can be “restored” but the process of going forward is determined on a lower base line.  The cut to Day Hab services is already negatively impacting the people currently using the program and will be even more damaging for those who will need to use it in the future.   The funding cut to Day Habilitation services prevents providers from fulfilling the intrinsic philosophy of HCBS waiver, which is the provision of person-centered, individualized services.  The cut removes the ability to offer the individual supports that are necessary to provide each person with exactly what he or she needs to succeed and imposes a distinct disadvantage on individuals who are more challenged and the agencies that serve them.

 

The SIDDC strongly urges the Legislature to fully restore the 4% cut in funding for essential Day Habilitation Services.

Supervised Residential IRA’s

Many of the SIDDC’s member agencies have been at the forefront of developing individualized residential services for people with developmental disabilities, and their families, who desire them.  These opportunities have been developed with the specific needs and preferences of the people who will live there.  Designed and structured to accommodate what is necessary, and then enhanced by what will make the house a “home,” the residential development realized during the decade of the New York State Cares Initiative has been a financial and humanitarian success.

The development of residences and other services has created many jobs and has increased income for a wide range of community-based businesses.  For developmentally disabled citizens and their families, it has created “family” living   for people who can no longer be cared for at home.  New York State must honor the commitment that has been made by continuing to provide development resources that are realistic and sufficient to keep this process intact.

Again, we must question the validity of the State’s claim of “Putting People First.” 

With a moratorium on development of twenty-four/seven care settings, i.e. supervised IRA’s, the application of an inaccurate and unrealistic rating system (ISPM scoring) in determining who needs this type of setting, and the drastic reduction in funding, it is impossible to offer anyone on Staten Island a residential opportunity based on their choice.

Staten Island has been awarded merely $396,000 to develop 112 opportunities over the next five years.  This eliminates the opportunity for a 24 hour supervised setting, a supportive apartment or any other type of living situation that would insure an appropriate amount of care and supervision.  Instead of offering service providers the ability to develop opportunities that will insure safe, secure and well staffed residences for individuals who need supervision and assistance, OMRDD is only offering assistance for the most independent, and high-functioning individuals.  What began two years ago with OMRDD’s recommended philosophy to be more creative in residential development, has become a reality of only developing the least costly, and therefore, least appropriate opportunities for the majority of people with developmental disabilities.

Last year we were concerned that the State’s commitment to families, many of whom include aging and often infirm parents still caring for their adult children, was being withdrawn.   Today, we know that the progress realized under New York State Cares has halted and will not continue in the same visionary manner.  How tragic and unfair to reverse ten years of growth and accomplishment on behalf of New York State’s most vulnerable citizens…just to meet a bottom line.  “Putting People First” should especially, but does not now, apply to residential development.

Choice has been eliminated.  Parents are warned that they should take whatever opportunity is available because there will not be any more.  For most mothers and fathers, the decision to place their child in a community residence is very difficult.  Even when they can choose the residential provider, know who their child’s housemates will be, and enjoy a voice in the development of the house, parents are still limited in their ability to guarantee that their child will have the same quality of life enjoyed at home.  Now parents are told “Agency X” has an opening with the implication that “you’d better take before someone else does.”

While it is true that many people can live more independently, it is against our commitment to preserving and advancing each person’s welfare to universally accept this philosophy.  There are many people now waiting for residential placement, and there will be many in the years to come, who will require round the clock care.  There are, and will continue to be, many cases in which people with severe needs will require a more appropriate placement but find that none exists.  There will, unfortunately, always be situations where people will need immediate and appropriate placement in a crisis.  The decrease in the size and style of residential development is jeopardizing the safety and quality of life for these people.  This period of great economic and personal stress is not the time to break a commitment which has long been a stabilizing factor for families of people with developmental disabilities.

The SIDDC strongly urges the Legislature to oppose the Executive proposal to cut Supervised IRA’s by 3% and to continue the commitment of providing resources necessary to develop appropriate residential opportunities.

Medicaid Service Coordination

While calling for a complete restructuring of the Medicaid Service Coordination program, the Executive’s proposal recommends an 18% funding cut.  It is expected that extensive programmatic changes will be in place by October 2010 and that “efficiencies” can be achieved by then without interrupting or lowering the level of service.

Medicaid Service Coordination assists people with developmental disabilities, and their families/guardians to access and maintain all available benefits and entitlements.  The MSC (Medicaid Service Coordinator) helps an individual to secure appropriate programming, find employment, or get involved in a recreation or educational program.  When desired, the MSC will assist in identifying appropriate residential placement.  Medicaid Service Coordinators are called upon by parents and caregivers for advice with everything from medication to dating.  The coordinator is responsible for developing the Individual Service Plan (ISP) which is the prescription for Medicaid reimbursement for waiver services.  The MSC’s role is integral and critically important to the funding of most Medicaid reimbursement in the OMRDD system. More importantly, the MSC plays a pivotal role in crafting the quality of life for people with developmental disabilities.

It took several years of intensive work to create the current system.  Extreme care needs to taken in redesigning this system before implementing such an extensive funding reduction.  The restructuring must be accomplished with careful attention to detail and long range results in mind to insure that we do not end up with a system that results in substantial Medicaid disallowance for New York’s voluntary service providers.

The SIDDC strongly urges the Legislature to oppose the imposition of funding cuts to Medicaid Service Coordination until a plan is in place that will not destabilize Medicaid Funding. 

The SIDDC further recommends that voluntary service providers are allowed to participate in redesigning the MSC program.

Clinical Practitioner Licensing

Social workers and mental health practitioners who practice in settings operated or licensed by OMRDD (OMH and OASAS) have always been exempt from social worker and mental health practitioner licensing. The Executive’s proposed four year exemption acknowledges the challenges that provider agencies would face if the exemption were to expire especially the need for increased resources to identify, train, and hire new staff at higher salaries. 

It also acknowledges the importance of counseling for many developmentally disabled individuals in helping them to adapt to the world around them and to function as part of mainstream society.  It implicitly recognizes how devastating an interruption in services could be for the person receiving them.

The SIDDC urges the Legislature to approve the Executive proposal to extend the exemption for clinical practitioner licensing.

NEW YORK STATE DEPARTMENT OF HEALTH

EARLY INTERVENTION PROGRAM

Established in 1992, with the enactment of Article 25 of the Public Health Law, the Early Intervention Program (Part C of the Federal IDEA) is a federal entitlement program that provides services to infants and toddlers with developmental disabilities and delays from birth to three years of age.  This is the period when children are most receptive to learning interventions and at the stage of their development when they will respond most positively.  Early Intervention has been shown to improve the quality of life for people with developmental disabilities and to decrease the State’s future disability-related financial burden. Early Intervention does change a person’s future for the better; therefore New York State should be doing everything possible to encourage participation in this very important program. An investment in Early Intervention is socially and financially wise.

Commercial Insurance Reimbursement for EI Services

As the cost for this service continues to rise, and with a reimbursement rate that has only been increased once in the past sixteen years, the Early Intervention program is continually in crisis.   While the concept of Early Intervention and its valuable outcomes is at the core of most voluntary service providers’ mission, many are making the difficult decision to discontinue these life-changing services because they simply cannot afford to offer them.  Over the past several years, the SIDDC has joined with other provider associations across New York State to recommend improvements in the Early Intervention Program.

It is heartening to see many of these recommendations included in the new regulations outlined in the Executive proposal for 2010-11.  For quite some time, we have recommended that commercial insurance reimburse the cost of EI services.  We have also opposed the denial of claims based on the location of service delivery, the undeterminable measurement of improvement, the providers’ in-network status, and the absence of a primary care referral.

The SIDDC urges the Legislature to approve the regulations for commercial insurance reimbursement of Early Intervention services which are included in the Executive proposal for 2010-11.

Parent Fees

Early Intervention services are an investment in the future. The SIDDC believes that the cost for special education services, as well as support services for adults with developmental disabilities, is significantly reduced if children receive comprehensive Early Intervention services during their formative years.

Parents of children with delays and disabilities are challenged by a variety of difficulties in every aspect of their lives.  Learning that their child is developmentally delayed with the accompanying, and sometimes, overwhelming emotional and psychological distress requires families to make great adjustments.  The ensuing pressure, extra expenses and social concerns, can often lead people to deny the situation and ignore seeking assistance for their child. The additional burden of fees for Early Intervention will result in even more parents not pursuing this very important service for their child. Since the successful result of early intervention services is the resolution or mitigation of early delays, people should not be discouraged from seeking the service.

Every year, and again this year, the Executive proposal recommends that commercial insurance companies contribute to the cost of Early Intervention services.  To date, these recommendations have never been implemented.  Insurance reimbursement should be the primary source of funding to support the cost of Early Intervention services and, as it is again proposed this year, should be aggressively enacted.  Parent fees should not be imposed.

The SIDDC strongly urges the Legislature to reject the Executive proposal to impose parent fees for Early Intervention services.

Interim Revision of Rates for EI Services

During the past several years, influenced by the current rate structure, there has been an increasing tendency on the part of counties to approve Early Intervention services only when they are performed in the family’s home rather than in a center-based setting.  This practice is depriving infants and toddlers of the benefits that may be gained from other treatment options and environments and precludes the stimulation of peer interaction.   We acknowledge the need for a variety of service models, however, we believe that the holistic approach more easily achieved through agency-coordinated service provision, is more effective. Quite often, there are issues surrounding the coordination of services and family needs that can only be addressed through a multi-disciplinary team effort. 

The rate structure for Early Intervention is very tentative and has needed to be revised for quite some time.  We concur.  Although we support an effort to rebalance EI services and encourage more options for families, at this time, the SIDDC opposes the Department of Health’s plan to interim rate revisions.  It must be recognized that there are other factors determining service delivery decisions that will not be addressed by a change in rates.  Interim steps that do not address a total restructuring of the program will result in unforeseen consequences that will possibly undermine the financial support of the program.

The SIDDC strongly urges the Legislature to reject the Executive proposal for interim rate revisions to Early Intervention services until the proposed rates are announced and analyzed.

Medicaid Billing for EI Services

The Executive proposal requiring Early Intervention providers to bill Medicaid directly can be cumbersome.  It will be especially costly for providers who are not already established Medicaid providers since the proposal does not include any funding for non-Medicaid providers to implement the infrastructure required for Medicaid billing or to train providers on the intricacies of the extensive Medicaid billing requirements.  In addition, when families have private health insurance and Medicaid, the provider must manage a two tiered billing process that further complicates and delays payment for services.  This will only contribute to an increasing number of small providers who can no longer afford to provide Early Intervention services.  As a result, fewer children who need this essential service will receive it.

The SIDDC recommends that the Legislature supports the Executive proposal for direct Medicaid billing for EI services for only those providers, of at least $500,000, who already bill Medicaid directly for other services.

Assessment Tools

Requiring providers to use assessment tools from a preferred and approved list will reduce the need for re-testing and produce more uniform results.  Justification should be required to utilize any assessment tool not on the preferred list.  The Executive proposal anticipates that this change will save New York State $800,000 in 2010-11 and $3.3 million in 2011-12.  As the SIDDC does not foresee any detriment to service provision or to a child’s eventual progress by using assessment tools on the preferred list, or a justifiable alternative, we support this cost-saving effort with the proviso that all involved stakeholders participate in the process of identifying the approved assessment tools.

The SIDDC recommends that the Legislature supports the Executive proposal mandating the utilization of approved assessment tools that have been developed with the involvement of all stakeholders.

ABA Services

Applied Behavioral Analysis (ABA) is the science of applying experimentally derived principles of behavior to improve socially significant behavior.  It is notably used to treat children and adults with Autism Spectrum disorders.

The Executive proposal to allow paraprofessionals or behavioral aides to deliver ABA (Applied Behavioral Analysis) services increases the availability of these much needed services and also decreases the cost to New York State.   Regulations proposed by the Department of Health define specific guidelines for the implementation of these vital services by these staff members.

It is the Department of Health’s responsibility to make certain that the rates which are developed for ABA services are sufficient to fully reimburse the cost of mandated supervision and coordination.  The Executive’s budget proposal anticipates this initiative to save $1.5 million in 2010-11 and $5.9 million in 2011-12.

The SIDDC recommends that the Legislature approves the Executive proposal to allow paraprofessionals to deliver ABA services.

Clinical Services

Article 16 Clinics

Although the SIDDC supports the elimination of unnecessary or duplicative services, we are not comfortable with the effect that the imposition of a prior approval process, or limitation on the amount of services, will have on individuals with developmental disabilities, especially with regard to Physical and Occupational Therapy.  These specific therapies are prescribed on an individual basis and determined by the extent and type of each person’s disabilities, which are life-long conditions.  The concept of applying across the board “caps” on these essential services is neither reasonable nor justifiable.

The SIDDC urges the Legislature to reject the Executive proposal which would reduce Occupational and Physical Therapy services in Article 16 clinics.

NEW YORK STATE DEPARTMENT OF EDUCATION

Special Education and Special Preschool Education

Under the federal IDEA, New York State is legally responsible for providing a “free and appropriate public education (FAPE)” for all children.  When children are placed by school districts in non-public schools and preschools, the educational services offered by voluntary service providers allow the State to comply with the law.  Approved programs under contract to local school districts to provide special education services to preschool children, aged 3 to 5 years, are known as “4410” schools.   Those programs which provide special education for students 5 to 21 years of age are known as “853” schools.  Approved “853” schools are private schools whose students are so severely challenged, that they are unable to be served appropriately by their local school districts.

The school district’s Committee on Special Education (CSE) or Committee on Special Education (CPSE) place students in “4410” or “853” school only after all public settings, with supports, have been considered and determined inadequate to meet the needs of the student.  In New York State, most children who need special education at the preschool level are served in approved non-public school settings rather than in school district programs.  In both cases, the schools are “non-public” but the students are “public placements”, because they are placed in the setting by their public school district, which cannot, or will not, fulfill the mandate of IDEA and provide a free and appropriate public education.

Approved programs (“4410” and “853” schools) are engaged to provide educational services that the school district is legally required to provide when the school district is unable to, or chooses not to, directly provide these services to the student.

MTA Payroll Tax Reimbursement

While these “approved programs,” at the behest of, and on behalf of, New York State’s public school districts, provide a free and appropriate education to students with the most severe disabilities, these schools are not provided with funding levels comparable to those of public schools.  We continuously advocate for parity but public school districts continue to benefit from funding that allows them to pay teachers salaries that greatly exceed what private schools are able to pay.  As a result, these most vulnerable students are often left without the most qualified teachers.

It must be kept in mind that all voluntary service providers and not-for-profit organizations have been burdened with the additional expense of the MTA Mobility payroll tax, which we might add has not yet helped the MTA to reduce its deficit.   The “4410” and “853” schools must also pay this tax.

Incomprehensibly, even in this time of fiscal constraints, the Executive proposal recommends an allocation of $60,000,000 to reimburse public school districts for the MTA mobility tax in order to avoid reducing funds available for children’s education.  Although it is perfectly logical and equitable, the Executive proposal does not include a reimbursement for our schools.  Non-public schools already have less financial resources, it is imperative that they receive the same support from New York State as local school districts.

The SIDDC strongly urges the Legislature to insure that the Executive proposal includes a provision granting “4410” and “853” schools reimbursement for their share of the MTA Mobility Tax equal to that granted to public school districts.

Summer School Special Education

During the summer, school children lose a portion of what they learn during the school year.  When they return to school, however, typical general education students are able to quickly make up any loss and continue to learn new material.  Similarly, many successful special education students are also able to attend school ten months out of the year, and make up any learning losses when they return to class in September.  For students who are more severely challenged, however, constant reinforcement is necessary to insure that knowledge is retained and progress goes forward.  It would take these students much longer to make up not only the learning lost over the summer break, but also the social and communication skills that allow them to successfully function in a classroom setting.

Despite suggestions to the contrary, fresh air and free outdoor activities are not acceptable substitutes for the constant reinforcement of instruction in a classroom setting.  Students with severe developmental disabilities need a 12 month academic year.  It is a critical factor in their development and future success and no disincentive which limits that opportunity should be created.

The SIDDC strongly urges the Legislature to reject the Executive proposal to reduce reimbursement for summer school special education.

New York City Local Assistance

The issues addressed by today’s speakers, and outlined in our 2010-11 legislative position paper, are shared by the majority of organizations in New York State who have a similar purpose and mission of service provision for the developmentally disabled.  We are in agreement with their recommendations and urge our elected officials to encourage their fellow legislators to support these requests.

The SIDDC would also like our elected officials to address an issue that we feel is of particular importance to Staten Islanders, and all of New York City’s citizens, with special needs and their families.

As the level of State funding to New York City decreases, so do the services funded through New York City Local Assistance dollars.  The NYC DHMH has already sustained funding cuts which they have judicially assimilated through efficiencies and attrition.  Any further funding reductions, we have been advised, will not be able to be handled in the same innocuous manner and many services for people with developmental disabilities will be negatively impacted.  Local Assistance dollars fund non-waiver recreation programs, work readiness programs, and transportation services, all of which are essential for well-rounded, rewarding lives.  We have already lost funding for the Tele-Ride program which offered transportation services for more than two hundred people with developmental disabilities; we cannot afford to lose any more.

The SIDDC urges our State and City elected officials to work together in preserving Local Assistance funding for the NYC DHMH.