Wednesday, 21 October 2009 03:23

Protecting Billy

Written by  Kateryna Stupnevich
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“This is a very important step.”

After more than three years of struggle, Billy’s Law – requiring the Department of Education to provide bi-annual reports to the City Council concerning special needs students placed in out-of-state facilities – was finally passed by a unanimous vote of the council last week.

The bill, originally introduced by Councilman Vincent J. Gentile in 2006, is geared to keeping the parents of special needs students informed, and maintaining updated information about out-of-state facilities to try to prevent neglect or abuse.

“[There’s still] a lot to do in terms of making the city entirely accountable for the safety of special needs students, but this is a very important step,” said Dena Libner, a spokeswoman for Gentile.

The legislation is named after Vito “Billy” Albanese Jr., now a 37-year-old Bay Ridge resident, who suffered a brain injury in 1984. In 1992, his father, Vito Albanese Sr., sent Billy to an out-of-state facility for special-needs students, where he was allegedly neglected and physically abused. The elder Albanese only learned about the mistreatment of his son in 1997, when Billy was discharged.

“A lot has to be done to monitor out-of-state school placements,” said Albanese, adding that the new law “is a step in the right direction on a city level.”

In 2001, Albanese reached out to Gentile in an effort to protect other special-needs students who are placed in such facilities, and after four years of battle, Gentile was able to get the law passed on a state level. The law requires New York State to assess and monitor educational facilities that serve New York residents with special needs.

The state law “was a great piece of legislation,” said Albanese, “but we went to the city to have it done as another safety net, which would hold the Board [of Education] more accountable.”

Libner said that although the state law was very significant, the new regulation hits closer to home. “The local bill complements the state law,” she said.  “The bill is going to mandate that the New York City Council and parents of special needs students be provided with certain information.”

The Department of Education will be required to present bi-annual reports to the New York City Council regarding out-of-state special-needs facilities. The reports are expected to detail the demographics of every facility that holds New York City students. They will also discuss budgets and spending of every facility, the services and treatment provided to the students, as well as any violations or investigations taking place in the facilities. The Department of Education also is required to immediately notify the parents of students in out-of-state facilities about any cases of neglect or abuse.

While Gentile’s organization is thrilled with their accomplishment, Libner said on behalf of Gentile, that there’s still more work to be done. Currently, Gentile is working on removing all New York City students from the Judge Rotenberg Center, a Massachusetts facility for special needs students that reportedly uses skin shock therapy on 42 percent of their school-age students. While the facility claims that the therapy methods are safe and have shown positive results, Gentile believes their practices are abusive. “The Judge Rotenberg Center has a history of using therapy techniques that are…reprehensible,” said Libner. “There are violations in the works.”

Albanese said that Gentile is striving to remove students from the Rotenberg Center and is constantly working towards improving the conditions of special needs students in out-of-state facilities.

“There’s an old saying ‘out of sight, out of mind,’” said Albanese.  “We don’t want that to happen with any special-needs students.”

Bay Currents has scheduled an extensive interview with both father and son to be published in our next issue and here on our website.

Last modified on Monday, 22 March 2010 20:52
Kateryna Stupnevich

Kateryna Stupnevich

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