Ombudsman to education chief: Hands off funds for special ed cases

Puerto Rico Ombudsman Edwin García Feliciano

By The Star Staff

In an effort to actively advocate for the well-being of special education students covered by the Rosa Lydia Vélez case, Puerto Rico Ombudsman Edwin García Feliciano on Tuesday urged island Education Secretary Eliezer Ramos Parés to desist from claiming funds allocated to a court account to serve that protected class.

“That account, which is in the custody of the court, cannot be viewed as a piggy bank for the Department of Education,” the ombudsman said. “It’s time to withdraw that petition!”

García Feliciano noted that the Education Department filed a petition with Judge Thainie Reyes Ramírez of the San Juan Court of First Instance requesting permission to use $25 million of the fines imposed daily by the court for the lack of attention given to special education students.

The request was made in response to announced federal funding cuts, which, if implemented, would create uncertainty in the payment of professionals who provide special education students with services such as speech, occupational and other related therapy.

Special needs cases are addressed under the extraordinary option of Provisional Remedy, which allows parents to seek professional services when the Education Department either does not contract those services or lacks the necessary space to offer them.

García Feliciano pointed out that the central government budget, which will take effect on July 1, identifies sufficient state resources to cover the various therapies provided to the protected class for the extraordinary alternative of the provisional remedy.

“That being the case, there is no reason for the Department of Education to maintain its request to the Court,” he said. “The fines should be set aside so that the interested parties can address other direct or indirect needs of the protected class.”

The ombudsman cautioned that failing to withdraw the request would enable the Education Department to use the fines for services that may not align with the best interests of the students.