A CAP Is Not A Hat
A CAP Is Not A Hat.
The recent proposal of a 4% CAP to early intervention services relates to a legal case which has been going on in the Federal courts for the past several years. What is a CAP? It is a quota. And what do quotas mean for children with disabilities? We believe that any CAP or quota to special education children and services undermines both the intent and the specific language within IDEA. As a result, this article should serve to warn parents of children with disabilities that if the CAP on early intervention services is not challenged, other CAPs on services and programs will follow shortly.
Assemblyman Weisenberg during a recent television conference with Evelyn Ain indicated that the 4% CAP to early intervention was generated by several County Executives and Department Bureaucrats. The Assemblyman asked a very appropriate question. “Were there any parents or educators present at this meeting?” And of course the answer was no. But what is the background to New York State’s bold move to set a 4% CAP on early intervention services? The answer to that question relates directly to the Federal court case which was initiated by the School for Language and Communication Development (SLCD) and 71 parents in 2000. SLCD and the parents of special needs children (Plaintiffs) argue that the program CAPs which have been in place since 1997 on preschool and school age programs are illegal. Consider the following issues: Who sets the CAP? Why is the CAP set? And, what does the CAP mean for children with disabilities?
The CAP on preschool and school age programs was established by the New York State Education Department to reduce the number of children receiving services as well as the services being received. So, despite the fact that a Committee on Special Education generates an IEP and determines that a particular program is appropriate, NYSED has the right to change a child’s placement, his IEP and his services. This is simply accomplished by a regional associate contacting a Committee on Special Education and directing the school district to remove the child because the program has reached its CAP. What does the IEP mean if it is no longer based on the individual needs of the child and the appropriate placement is not developed at an independent CSE meeting?
When the State Education Department has the ability to establish CAPs which are not based on children’s needs but rather on an arbitrary number or percentage, IDEA no longer protects the rights of parents and children with disabilities. A CAP is not a Hat. And if any of you remember the children’s story “CAPs For Sale” by Esphyr Slobodkina, then you know that CAPs will proliferate. IDEA means nothing without an independent CSE and an IEP that is based on your child’s needs. The law means nothing if quotas proliferate from school age to preschool to early intervention services. And of course, if successful, nothing will prevent CAPs and quotas from being used by other governmental agencies for social service and mental health programs. Just remember the title of the children’s story.
Ellenmorris Tiegerman, Ph.D.
Founder and Executive Director
School for Language and
Communication Development
March 15th, 2008 at 8:07 am
Just stumbled upon your site. Excellent post.
March 25th, 2008 at 2:37 pm
So, why doesn’t the state remove the cap? I always assumed that a state or federal program was established to ensure that revenue wasn’t the primary objective for doing the work but that doing the “right” and appropriate action was the reason. Clearly, there are children who are either not being served or being inappropriately served.
Where are the checks and balances?
March 28th, 2008 at 2:28 pm
The CAP was created by the New York State Education Department and therefore can only be removed by the agency. The intent of the CAP was to limit services to children with disabilities. The New York State Education Department has been indicating to the press that New York State is above the national average and therefore, there are too many children in special education. The problem that I see relates to the fact that these children obviously need special education services. So what does the national average mean if the determination for service provision is going to be based on a number and not the needs of a child. I keep coming back to the scenario that some parent is going to be 4% plus one. What happens to the child who is over the CAP? I find the possibility for future decision-making very scary. Doing the “right” thing is not based on what children need but on numerical goals. If the CAP works in special education, it will also work in other agencies and other programs will be affected. It is just wrong.