Labor Lawsuits Blast Berger Commission

Labor & Employment

A group of public employee unions today filed lawsuits in opposition to the recommendations of the State's Berger Commission, which last year offered that multiple hospitals across New York need to be closed in order to control rising costs. The lawsuits, which focus on several hospitals upstate, argue that the State should not have empowered an unelected panel to make these decisions, among other things.

"The Berger Commission recommendation is a violation of the New York State Constitution. Decisions to close or merge hospitals should not be made by a commission that is unaccountable to the public and appointed by an outgoing governor. The commission also violated the Education Law. Only SUNY trustees have the authority to operate Upstate Medical Center. That authority cannot be transferred to any other entity,” said New York State Public Employees Federation President Ken Brynien.

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Is Now the Time to Really Call a Special Education Lawyer?

IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.

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