Thousands of special education students in New York City are currently being denied essential services, with many families only discovering this days before the start of the new school year.
This problem is terrible for students who are in private, religious, and parochial school programs because the Department of Education needs a program that meets their needs. These families already have a harder time getting the services they need, and now, they’re facing even more challenges trying to get essential support for their children.
The state education department recently made things worse by passing an emergency rule under questionable circumstances. This seems like an attempt to take away families’ rights, preventing them from the due process they are entitled to under federal law. Accessing education suited to their needs was already a grueling and stressful process for parents. As a result, many special needs students face even more complex situations.
The denial of IESP (Individualized Education Services Program) Services and the Department of Education’s failure to communicate its June 1 deadline exacerbate parents’ already difficult situations when they rely on private school SETSS (Special Education Teacher Support Services) and similar programs for their child’s special needs.
The main issues here are inequity, injustice, and unfairness. Instead of seeking ways to deny services to special needs families, particularly in non-public settings, the focus should shift toward enhancing outcomes for all special education students.
The Individuals with Disabilities Education Act (IDEA) says students have a right to FAPE (Free Appropriate Public Education). New York needs to be concerned with ensuring that services are available and accessible to meet children’s needs and helping children get those services if they are not available in the public system. Throwing administrative hurdles in the way of busy parents instead of fairly evaluating their needs is not the way to ensure children’s education and rights.
These recent actions show a misguided approach that ignores the fundamental needs of vulnerable students. Families are encouraged to consult with education attorneys to explore how to challenge these actions and fight for their children’s rights effectively. Fixing these problems and ensuring equitable access to services should be a priority for the education system to prevent further harm and ensure every student gets the support they need for their education.
If your child is affected by these changes schedule a free consultation with our firm so we can discuss your options.