Special education preschool closes abruptly, leaving 25 children without services

Abilities in Wilton shutters doors on Friday amid staggering financial problems caused by the COVID-19 shutdown

Kathleen Moore, Albany Times Union

April 9, 2022 Updated April 10, 2022 6:25pm

WILTON – A special education preschool closed abruptly Friday, after the owner was threatened with eviction over unpaid rent from the coronavirus shutdown. Abilities served 25 special education children between ages three and four. There are only three special education preschools in the county, and the other two are full, with openings unlikely until September.

It’s a desperate situation for one family, who asked not to be identified to preserve their daughter’s medical privacy. She has a rare genetic disorder that is linked to severe developmental delays. “She showed a lot of regression during the breaks with speech,” her mother said. “What’s going to go on if she doesn’t go to school for the next two to five months? It will cause her delays to be significantly more.” And it’s not a straight-forward matter to teach her daughter those skills. But the masters-level therapists at Abilities had the training and experience to invent ways to help her learn.“ It’s going to be up to us to figure that out now,” her mother said.

The reasons for the closure were under dispute. The landlord and owner offered conflicting accounts. But the decision left school district officials and the Saratoga County Department of Health scrambling to find a way to get essential services to the children. Each child was determined to need an intensive, half-day special education preschool due to developmental delays. At school, they received speech therapy, and many also received occupational and physical therapy, to help with skills like walking up steps or holding a pencil. Most of the children were also approved to attend the school through the summer because therapists documented that if they missed one week of school, it took them two weeks to get back to the skills they had before the break. Not being in school for 10 weeks could lead to them losing half a school year’s worth of progress. Now they are facing a five-month gap.

As an alternative to preschool, therapists can visit children at their homes, but there’s a long waiting list for that, too. Saratoga County is taking the lead on looking for options. “They’re doing everything they can to identify solutions,” said Saratoga County spokeswoman Christine Rush. “It’s not an easy task. Meanwhile you have these families and kids who need services.”

Parents are furious with the lack of notice they got of the closure, which was announced via email five days before the special education classrooms closed. By state law, schools must give 90 days notice, in writing, with a plan for the “safe and orderly transition” of each student to a new facility that can provide the required services. That hasn’t happened.

Owner Valerie Keen said she was distraught at the demise of the school, which she opened four years ago. Until the pandemic, the school hosted programs for toddlers. But her dream was to have an inclusive preschool, with both special and general education students learning together. She opened the first inclusive classroom in September 2020. That went well, so she opened a second classroom last September. The classrooms hosted four classes: two in the morning and two in the afternoon.

Then, in October, the landlord served her with an eviction notice for $22,000 in unpaid rent during the shutdown. Landlord Dean Kolligian is a member of the Saratoga Springs school board. Almost all of the special education children at the preschool will attend the Saratoga Springs school district. Kolligian said his role as a school board member “has nothing to do” with his decisions regarding the preschool. He declined to be interviewed but offered a written statement

“Abilities continues to remain open and operating because we understand this IS about the children they serve. The decision to close that specific program was theirs alone,” he wrote. “We are in frequent communication with Abilities to attempt to find a resolution to this issue and will continue to do everything we can to work with them through these challenging times.”

The eviction could not be processed until January, after the moratorium on evictions ended. In the meantime, Keen said Kolligian offered, in writing, to forgive half the rent if she paid $11,000. She said she paid him in September and October, while also staying current with the rent. But that meant using the cash flow cushion she had in her bank account. She told him that might put her under, she said, because state and county funds for special education services typically arrive six weeks after the service. She needed the cushion so she could pay her therapists while waiting for the next check.

The newest group of students also needed more services, costing more money as she hired more therapists. She asked the state to increase her “provisional rate” as a new school, which was a per-day cost of $91.60 per child. Her actual daily cost was about $159 per child. But it became clear an increase could be years away. Between the lack of cash cushion, the six-week wait for pay, and the low rate, she began to realize she wouldn’t be able to make payroll.

At that point, in November, everyone took steps. Saratoga County issued two checks to her on an emergency basis, to get her money faster. Kolligian reduced her rent from $6,800 to $5,000. Keen stopped taking any pay. Her preschool director reduced her salary to minimum wage and her bookkeeper took a $3-an-hour pay cut. But it wasn’t enough. Last week, she had $56 in her bank account, seven days before she had to make a payroll of $23,000. She made payroll after payments came in, but she told the state that unless someone could authorize an immediate rate increase, she would have to close. “The state does not pay enough money to support these programs,” she said. State officials told her she had to file a 90-day shutdown notice. “I said, first of all, I don’t have 90 days,” she said. “I can’t pay my staff, the program has to shut down.” She calculated that if she dropped the special education students and the staff needed for them, she could continue the preschool for general education students through June. So she told all of the families that on Monday. Then she got another eviction notice. “I’ve been paying the rent! But they hired a litigating attorney to take us to court,” she said. “So now my gen-ed preschool is going to get kicked out.”

Parents have called her names, telling her that she made bad business decisions and should have told them about the financial problems earlier. She’s not angry about the criticism. She feels devastated too.“ This is my life’s work and it’s being completely destroyed,” she said. She does not plan to reopen the preschool. “I’m done,” she said.

Written By Kathleen Moore

Kathleen grew up in Glenville and now lives in Schenectady. She has covered the Capital Region for various newspapers since 2000, focusing on the interesting people who breathe life into their towns, villages and cities. She is now covering southern Saratoga County. You can reach her at Kathleen.Moore@timesunion.com or 518-918-5497.

.

Final Budget Includes Significant Investment In I/DD Field

April 8, 2022

From The ARC New York

The Governor and Legislature reached agreement on the New York State budget late last night, after extensive negotiations. This afternoon, the Senate and Assembly passed the Health and Mental Hygiene budget bill (A9007C/S8007C), which outlines the specific funding for our field, and realizes many of our initial advocacy priorities

The Enacted Budget includes a 5.4% cost-of-living adjustment (COLA), expanded eligibility of the Statewide Health Care Transformation Program (SHCFTP) to include community-based I/DD providers, and changes in language so our clinical staff can access the Nurses Across New York (NANY) loan repayment program. Yesterday, Governor Hochul mentioned an agreement to include $1.2 billion in bonuses for essential healthcare workers. This is the same amount appropriated in her Executive Budget, which included bonuses of up to $3,000 for Direct Support Professionals. We expect language outlining the direct care workforce retention bonuses will be released later today.

The final budget reflects and expands on the significant investment originally outlined in the Executive Budget. This is by far the largest investment New York state has made in the I/DD field in over a decade. Following the release of the one-house bills, we shifted our ask to support the Assembly proposal to forgo workforce bonuses in favor of an 11% COLA, which we saw as the most straightforward and effective way to allocate the funds committed in all budget proposals. Although we did not achieve the 11% COLA as proposed in the Assembly one-house bill, we were successful with our initial request – and in securing recognition of the crisis we are facing and the need for substantial investment in the I/DD field.

This success is due in no small part to the ardent advocacy from The Arc New York family. Since last summer, we have held rallies, garnered media attention, engaged with our legislators, and sent more than 17,000 letters calling for significant and sustained investment in essential supports and services for New Yorkers with I/DD. Our voices have finally been heard.

With this budget, the Hochul administration and the legislature have demonstrated a commitment to the voluntary provider sector, our direct care workforce, and the individuals and families we support. These investments are only the start of a much larger conversation about how to adequately fund equitable wages for our dedicated workforce, and ensure sustained investment the New York’s system supports and services. Our fight isn’t over, but the landscape has shifted, and we will continue to raise our voices together to achieve lasting support and solutions.

We will continue to advocate for a DSP Tax credit, which was not included in any of the proposed budget. The Education, Labor and Family Assistance (ELFA) Article VII budget bill and Aid to Localities, Capital Projects, and State Operations appropriation bills have yet to be introduced. We will provide necessary updates as bills are introduced and budget language is analyzed.

On behalf of The Arc New York, we thank each of you for your advocacy and your tireless contributions toward realizing our shared mission to provide New Yorkers with disabilities the ordinary and extraordinary opportunities of life!

Rescinding of visitation guidelines

Rescinding of Visitation Guidance 

The COVID-19 infection rates for the people receiving services from OPWDD and our providers continue to decline.  As a result, OPWDD is rescinding its COVID-19 Interim Visitation Guidance for Certified Residential Facilities that was issued on January 4, 2022. 

Residential facilities with positive cases of COVID-19 should continue to adhere to the protocols contained in the document Management of Co-Circulation of Influenza and COVID-19 Infections, issued on October 20, 2020.  In addition, all providers of services shall continue to require all staff, volunteers, contractors, vendors, visitors and individuals receiving services to wear appropriate face coverings, consistent with 14 NYCRR Section 633.26.

Please contact Susan Prendergast with any questions at:  susan.b.prendergast@opwdd.ny.gov

BOCES DSP Workforce Development

A new Direct Support Professional (DSP) training program at BOCES, coordinated with the New York Alliance for Inclusion and Innovation (NY Alliance), will solve a massive, double-digit shortage of workers in the industry with career paths for adults.

The $155,800 grant announced recently will help low-income individuals who are unemployed or “under-employed” receive training through BOCES to become direct support professionals (DSPs). DSPs help people with disabilities navigate everyday life tasks, such as work, volunteer, live in their own home and go to doctor’s appointments.

“This initiative will produce qualified individuals who are skilled and ready to meet the workforce needs of the disability sector as direct support professionals (DSPs),” said President and CEO of the NY Alliance Michael Seereiter. “We are excited about the program and the new career paths it will create for students at BOCES – and the precedent it will set to help take this effort statewide.” 

DSP training will become part of BOCES’ existing Certified Nurse Assistant, Home Health Aide, and Personal Care Aide (CNA/HHA/PCA)program, thus allowing program graduates to pursue four career paths

OPWDD Workforce Stabilization Supplemental Payments

F.A.Q’s On OPWDD Workforce Stabilization Supplemental Payments

Several of you have asked questions about the specifics of OPWDD’s Workforce Stabilization Supplemental Payments following our Technical Webinar that was held last month. We’ve created a Frequently Asked Questions (F.A.Q) web page to answer many of those questions.

A link to our webinar and even more information about Strengthening and Supporting our Direct Support Workforce can be found here:  Supporting and Strengthening the Direct Support Workforce | Office for People With Developmental Disabilities (ny.gov)

We hope this information is helpful. Should you have questions about the Workforce Stabilization Attestation, contact COVIDAttestation@opwdd.ny.gov.  For questions relating to the COVID Service/Vaccination Incentive Survey, please get in touch with us at COVIDSurvey@opwdd.ny.gov

Additional information regarding one of the Speakers at our January 24,2022 meeting Renee Adamany,LMSW

M.S., Educational Psychology, College of St. Rose

M.S., Social Work, University at Albany

B.S., Elementary Education, College of St. Rose

Renee is the lead faculty member for the Human Services A.S. and A.A.S. degree programs. Renee is the recipient of the SUNY Chancellors Award for Excellence in Teaching, the YWCA of Northeastern New York’s Women of Achievement Award, the John and Susan Roche National Award for her work in the area of Applied Learning and the Schenectady Human Rights Commission Group Award for her role as the co-advisor of the SUNY Schenectady Student Volunteer Organization. Renee is responsible for the coordination and oversight of the internship program. This program has 35 sites in the Capital Region. Renee is the SUNY Schenectady representative on the SUNY Applied Learning committee as well as the Chairperson of the SUNY Schenectady Applied Learning Task Force. She has presented workshops on Applied Learning to the faculty and created the SUNY Schenectady Service Learning Website. Renee is a member of the Executive Committee of Schenectady County Embraces Diversity and a board member of Fostering Futures New York. Renee provides her students with the opportunity to apply social work theory through their participation in service learning community projects. Through service learning, Renee’s students have impacted the local community by conducting after school activities for youth, collecting supplies for various community agencies, and advocating with elected officials to improve social welfare programs.

Direct Support Professional certificate 

The purpose of this certification to help individuals acquire the knowledge and skills necessary to enter the workforce as direct support professionals. Direct-care workers provide an estimated 70 to 80 percent of the paid hands-on long-term care and personal assistance received by Americans who are elderly or living with disabilities or other chronic conditions.

The certificate prepares graduates to:

Goal I: Demonstrate professional skills and abilities

Analyze the impact of social policies on individuals and systems

Apply major social work theories.;

Goal II: Demonstrate professional communication skills

Communicate effectively in oral and written form within professional environments.

Goal III: Identify and apply cultural competencies

Identify cultural barriers to societal integration;

Apply appropriate strategies in working with culturally diverse populations.

If any one is interested or would like more information, please contact Renee at

adamamrt@sunysccc.edu

OPWDD UPDATED VISITATION GUIDELINES

Updated Visitation and OSHA Emergency Temporary

Standard Guidance Now Available

Today, in light of the significant and rapid rise in COVID-19 cases across New York, the Office for People With Developmental Disabilities (OPWDD) will enhance visitation screenings and requirements at all OPWDD certified and operated programs. All visitors to any OPWDD program site will now be asked to submit to a pre-screening and be required to schedule visits in advance as there will be limitations to the number of visitors allowed at any given time. At this time, OPWDD will continue to monitor the situation and amend our guidance as needed. The updated OPWDD visitation guidance can be found at: https://opwdd.ny.gov/coronavirus-guidance/updated-visitation-guidance-residential-facilities

In addition, OPWDD has issued guidance related to the COVID-19 Vaccination and Testing; Emergency Temporary Standard issued by the Occupational Safety and Health Administration (OSHA). This document provides guidance on the applicability of the OSHA temporary standard to the OPWDD service system and is not intended to supplant the OSHA standard. The OPWDD guidance can be found at: https://opwdd.ny.gov/coronavirus-guidance/guidance-osha-vaccine-emergency-temporary-standard

All OPWDD guidance related to COVID-19 can be found on the OPWDD website.

End of Year Message from Acting Commission Kerri Neifeld

An End of Year Message from Acting Commissioner Neifeld

Dear Friends and Colleagues:

For most of us, this time of year is one where we reflect on the year that is ending and look forward to the start of a new one. It is a time to reflect on what we have accomplished and been through, how we can do better, achieve more and improve our lives in the coming year and beyond. While it has only been two months that I’ve served as your acting Commissioner, I have had the privilege of meeting many of you as I have traveled around the state to see programs, visit homes, and most importantly, meet with the people we support and their family members, our DSPs in the field, and everyone involved in providing services to people with developmental disabilities. In 2022, I plan to do even more of that.  

As all of you know, throughout this past year we have continued to be challenged by the ongoing pandemic, which gripped our state and nation for the second year in a row. COVID-19 has caused a significant workforce shortage affecting both our service providers and our state-operated homes and programs. Sadly, many of the people we support and their families have suffered as a result. It is impossible to discuss the future of OPWDD and its supports without addressing the workforce crisis that we face in our service system. It is part of the larger crisis being felt among human service sectors across the country and it will be OPWDD’s primary focus for the year ahead.

We have a great opportunity to turn things around as we enter the new year. A majority of OPWDD’s share of the American Rescue Plan (ARPA) funding from the federal government has been earmarked to help stabilize the not-for-profit direct support workforce. Incentives and bonuses are expected to be paid in the early part of 2022. And OPWDD will continue to advocate for a more permanent wage increase for this essential workforce within the New York State Budget.

And although our state workforce will not benefit from the ARPA investments, we have secured enhanced overtime funding for our state workforce and raised the starting rate of pay for new hires. We will continue to work with the state’s unions to provide additional support for our dedicated state operated direct support workers who have persevered throughout the pandemic, often working double and triple shifts to ensure the safety of the people we support.

I have said it before and I will say it again, our DSPs – both state operated and not-for-profit staff – are the heroes of the last two years. We are so grateful for all they have done and continue to do to support people with developmental disabilities.

OPWDD is looking at several initiatives to recruit and retain direct support professionals. New partnerships with BOCES, SUNY and CUNY will help us plant the seeds for a larger and more robust workforce in the future. These partnerships will help us recruit and train direct support staff on campuses across the state. The infusion of new DSPs will provide needed relief to our existing dedicated but exhausted workforce. Direct care work is a labor of love and those of us who work in this field know the many rewards that come with it. OPWDD will work in partnership with our stakeholder community to launch a media campaign to help recruit people into this field as a career. At a time when job seekers have many options, we want to show them why they should choose to work in our field. Additionally, we are also working towards professionalizing the workforce through credentialing.

As we endeavor to stabilize our system of supports, OPWDD will also focus on innovations in housing and employ technology and a fresh perspective to help modernize our approach to helping people achieve greater independence within their community. We will be looking to streamline our self-direction program and make it easier to access for more people. We will also be looking at our day program supports and how we can better incorporate employment, vocational and educational opportunities into what we do. We will be working to enhance our crisis support systems and looking to improve the ways we support children and adults with complex needs.

As we continue to drive toward true person-centered supports for the people we serve, we want no door to be closed and no goal to feel unattainable for those we support.

I am encouraged and energized by the commitment of Governor Hochul to ensure that people with developmental disabilities and their families are safe and have a voice and a seat at the table in New York State. Additionally, in my two months with OPWDD I have been struck by the dedication and commitment of the team here at the agency and that of our larger stakeholder community. While we have a lot of work ahead of us, and it will take time to make the needed progress, it is heartening to know that we are all working toward the same goals. 

Thank you to everyone for welcoming me as your new Acting Commissioner these past two months. The warm welcomes I received and the dedicated people I have met only reinforce my commitment to this agency and to the people and families we serve and support.  

In 2022, we encourage everyone to get the COVID-19 vaccine if you haven’t already done so and to get the booster if you are eligible. It will take all of us working together to end this pandemic.

Best wishes to you and yours for a happy and healthy 2022! I very much look forward to our continued partnership as we move the system forward, together, in the new year and beyond.

Sincerely,

Kerri Neifeld

Acting Commissioner

Schools for disabled get aid hike

Budget would increase special education providers’ annual funding by $240 million

Albany

Gov. Kathy Hochul on Thursday announced plans for a $240 million increase in funding for schools serving children with disabilities in her upcoming 2022-2023 executive budget.

Hochul also signed a package of legislation to increase resources and support for students with disabilities, their families and social services providers.

“This historic investment in schools serving students with disabilities, along with four bills I am signing into law, will make a huge difference in the lives of students, families and schools in every corner of New York,” Hochul said. “Throughout my time in office, I’ve made it a priority to listen to the disability community and provide the resources and support they need to thrive. People with disabilities have my commitment: as your governor, I’ll always stand by your side and fight for you.”

Following the 4 percent cost-of-living adjustment approved for the 2021-2022 school year tuition rates, the state Division of the Budget will authorize an additional cost-of-living adjustment of 11 percent for the 2022-2023 school year — a total increase of more than 15 percent over two years.

The adjustment would increase preschool and school-age special education providers’ annual funding by more than $240 million, with the state ultimately reimbursing school districts and counties for roughly 60 percent of the cost.

Bills signed Thursday to support students with disabilities include one that establishes that the Autism Spectrum Disorders Advisory Board. Hochul also signed legislation that ensures the timely appointment of an impartial hearing officer to address due process complaints for students with disabilities, a bill that makes standards for issuing behavior analyst licenses in New York consistent with other states and legislation that provides funding to early intervention education for toddlers with disabilities.

The Autism Spectrum Disorders Advisory Board will deliver a report on autism detection, education, and mapping. This report will evaluate and review factors on the causes of autism in children as well as assist health care providers and educators with ways to better help those diagnosed with autism, state officials said.

▶ Rachel.Silberstein@- timesunion.com A 518-454-5449 A @RachelSilby