56 THE QUEENS COURIER • WELLNESS • JUNE 17, 2021 FOR BREAKING NEWS VISIT WWW.QNS.COM
wellness
More than 1,200 preschoolers with disabilities
left waiting for special education seat last year
BY ALEJANDRA O’CONNELLDOMENECH
adomenech@schnepsmedia.com
@AODNewz
More than 1,200 New York
City preschoolers with disabilities
did not have a seat in a special
education class at the end
of last school year, according to
an analysis of Department of
Education data.
Education advocates with the
New York City-based nonprofit
Advocates for Children determined
1,215 preschoolers with
disabilities waited for special
education seats at the end of
the 2019-2020 school year aft er
conducting a data crunch with
numbers published ina report
by the DOE on the status of preschool
special education posted
last week. Department offi -
cials are now required to release
a data breakdown on preschool
education every year on Jan. 15,
per a New York City law passed
in 2019. But the fi rst of its kind
report was posted nearly fi ve
months late, according to advocates.
Although federal COVID-19
relief funds will allow Mayor Bill
de Blasio to add 16,000 3-K and
pre-K seats this fall, expanding
both programs to all 32 districts,
preschoolers with special needs
will be again be left behind this
year, advocate say, since initiatives
to address preschool special
education shortages like the creation
of more special education
classes and hiring more education
specialists will not take
eff ect until the 2022-23 school
year.
“Th e city and state continue
to expand prekindergarten while
preschoolers with the most signifi
cant needs are stuck waiting
for seats in violation of their
legal rights,” said Kim Sweet,
executive director of Advocates
for Children of New York.
“Parents of students with disabilities
want to know why their
children always come last.”
Comfort Mensah, who has
a child with autism, felt the
department was putting her son’s
needs on the back burner. Her
4-year-old son Gabriel had to
wait a year before being placed
in a preschool with special education
classes. And the diff erence
in Gabriel has been night
and day. Before attending special
education classes, Gabriel was
practically nonverbal and would
not engage with other toddlers
at school, Mensah told amNewYork
Metro. But since he started
receiving services in April of this
year, he speaks more and is excited
to go to school for in-person
days every other week.
“He gets up in the morning
and says ‘good morning,
Mommy,’” Mensah said. “‘Do
you want breakfast, mommy’ …
It’s been amazing to see him
show improvement and I’m
hopeful.”
Not only are the specialized
classes good for Gabriel’s learning
they are good for his family’s
fi nances as well. Mensah is
now working full-time again as
a sterile processing technician
aft er quitting her job last year to
focus on fi nding Gabriel the specialized
attention he needs.
“Th e state and the city must
end this civil rights violation,”
Policy Director of Advocates
for Children Randi Levine said.
“Advocates are urging the city
help prevent further seat shortages
by taking steps to stop public
school special education
teachers to take jobs at community
based organizations where
they can make thousands of
more dollars. One step would
be approving a salary parity for
public preschool special education
teachers with pre-K special
education teachers at community
based organizations.”
“We’re making an historic
investment in preschool special
education to ensure all children
with disabilities have access to
a strong start and the programs
they need, including highquality
inclusive setting,” DOE
spokesperson Sarah Casasnovas
said. “Th is investment will build
on the progress we’ve made
in recent years to serving our
youngest students with disabilities
by creating hundreds of new
special class seats, hiring additional
teachers and more.”
Elder Law Minute TM
Will gifting a car cause a Medicaid penalty period?
BY RONALD A. FATOULLAH, ESQ.
AND EVA SCHWECHTER, ESQ.
When discussing Medicaid eligibility, most
aspects of the qualifi cation process are black and
white. In order to qualify for Medicaid eligibility,
an applicant cannot have more than $15,950 in
assets. This includes all countable assets, including
checking and savings accounts, stocks, bonds,
investments and vacation homes. However, for
Medicaid eligibility purposes, there are some
assets that are considered exempt, including IRA’s
in payout status, personal belongings, irrevocable
pre-paid funeral agreements, and a vehicle.
The question may arise as to whether an applicant
can transfer his or her vehicle to a loved one,
either prior to the application process, or once he
or she is already enrolled in the system. This is
something of a gray area. A Medicaid applicant
ELDER LAW
must report most asset transfers to the Medicaid
agency, and the transfer can cause a period of ineligibility
for benefi ts. In this case, the argument can
be made that the transfer of an exempt asset does
not need to be reported or, if reported, should not
give rise to a penalty. This argument would not
work in every state, or even in every county.
Even in a state like New York, where such a transfer
would be allowed in certain counties, whether
one would be penalized would likely depend on
the circumstances. There will be more scrutiny for
the transfer of a brand new luxury vehicle than that
of a ten year old car of lesser value. Additionally,
if the applicant is still healthy and alert enough
to drive, there is a better argument that the gift
has nothing to do with Medicaid planning. Finally,
whether the applicant had substantial assets other
than the car prior to the application process would
likely factor into whether this transfer would be
seen as an exempt transfer or not.
Unfortunately, transferring ownership of a vehicle
is a gray area where the answer depends on
whether the applicant can prove to Medicaid that
the gift was exempt, or that it was not for Medicaid
planning purposes. It will depend on the individual
circumstances, as well as on how such a transaction
is treated in the applicant’s county. It is
important to consult with a local elder law attorney
who will know how the rules are applied
where you live.
Ronald A. Fatoullah, Esq. is the founder of Ronald
Fatoullah & Associates, a law fi rm that concentrates in
elder law, estate planning, Medicaid planning, guardianships,
estate administration, trusts, wills, and real
estate. Eva Schwechter is an elder law attorney with
the fi rm. The law fi rm can be reached at 718-261-
1700, 516-466-4422, or toll free at 1-877-ELDER-LAW
or 1-877-ESTATES. Mr. Fatoullah is also a partner with
Brightside Advisors, a wealth management fi rm with
offi ces in New York and Los Angeles.
This summary is not legal advice and does not create
any attorney-client relationship. This summary does
not provide a defi nitive legal opinion for any factual situation.
Before the fi rm can provide legal advice or opinion
to any person or entity, the specifi c facts at issue
must be reviewed by the fi rm. Before an attorney-client
relationship is formed, the fi rm must have a signed
engagement letter with a client setting forth the Firm’s
scope and terms of representation.
RONALD FATOULLAH
ESQ, CELA*
Photo via Getty Images
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