Thousands of private and homeschooled students in need of special-education services in New York City have been denied crucial resources just days before the start of the school year, all because a form due in June wasn’t submitted in time. This oversight has left many families scrambling to secure the services their children desperately need, with the school year rapidly approaching.
State law mandates that parents must submit a written request for special education services by June 1 for children attending private or homeschooled settings who have already been approved for such services. These services often include vital resources like occupational, physical, and speech therapy, along with support from Special Education Teacher Support Services (SETSS) teachers. Unfortunately, this deadline has caught many off guard, leaving them without the necessary support as the new school year begins.
Despite these requirements, advocates, teachers, and parents—who have been relying on these resources for years—report that the rule was never enforced until now. They also contend that there was no clear communication about the critical deadline. As a result, many families were unaware that failure to meet this deadline would result in the loss of these essential services.
“They pulled the rug right out from under us,” said Marisol, a Bronx mother who has been homeschooling her son and securing occupational and speech therapy, as well as a SETSS teacher, for the past decade. “Now, she’ll have to homeschool her son without the added supports.”
Marisol’s situation is far from unique. More than 200,000 students in New York City are served under Individualized Education Programs (IEPs), which are tailored to address each student’s unique needs. Many of these students are also eligible for Individualized Education Services Programs (IESPs), which provide critical therapy and teaching services to students at non-public schools and private institutions.
In Marisol’s case, the services she had been accessing for years have now been cut off due to the missing June form. Other parents across the city, particularly those with children in private schools or homeschooling, are facing similar challenges. Some parents were only notified of the issue when they reached out to their Committees on Special Education (CSEs) to confirm details for the upcoming school year, which begins on September 5.
“New York state law provides that parents must request equitable (IESP) special education services in writing to the school district by June 1st preceding the school year for which the request for services is made,” an email from one CSE chairperson, shared with The Post, reads. “Since a request was not received, NYCPS will not provide equitable (IESP) special education services to your child during the 2024-2025 school year.”
For many families, this news has been devastating. Kelly, a Staten Island mother, found herself in a similar position. Her fourth-grade daughter requires occupational therapy, physical therapy, and hearing services at her Catholic school. Despite having over 60 email exchanges with her CSE over the past year, Kelly was never informed about the June deadline or the form that needed to be submitted.
“It should have been mailed and emailed if it was so important,” Kelly said, visibly upset. “My daughter is where she is because of all the services and support put in place for her. Now for them to say, ‘Oh, sorry, we’re not giving you anything’—I cry about this.”
For families like Kelly’s, the loss of services is not just an inconvenience—it is a significant setback that could have long-term effects on the child’s development and well-being. Some CSEs have suggested that parents send their children to public schools as a solution, but for many families, this is not an option. As Kelly pointed out, “We are a proud Catholic school family, and my daughter has a right to the Catholic school system without discrimination.”
The ripple effect of this policy is not limited to one or two families. At least 1,000 students in Staten Island alone have been impacted by this oversight. Some Catholic schools in the city have significant populations of IESP students, with certain schools reporting IESP enrollments of around 35%. This suggests that a large number of families are now grappling with the prospect of losing vital services, which could lead them to either pay for these services out-of-pocket or hire lawyers and advocates to help fight for their children’s rights.
“I don’t know if I can keep up with $2,000 a month until this gets clarified,” said Jennifer D., a Brooklyn mother whose son requires a SETTS teacher for 11th grade. She had not been informed of the June deadline during any of her son’s regular IEP meetings. She was told that the deadline had passed only when she requested a form related to SETTS in August.
Jennifer D. is not alone in her frustration. Many parents have reached out to legal advocates, who charge upwards of $85 for a consultation and more than $2,000 to represent them in a state complaint. Others have pointed to Section 3602-c of state education law, which outlines the June 1 deadline but has never been enforced until this year. Legal advocates have called this rule “sneaky” and lamented that it was hidden in legislation that dates back to 2007.
“It’s sad that they’re doing this to children with special needs,” said one legal advocate, who asked not to be named.
Parents are calling for action from their elected officials, demanding that the oversight be corrected and that services be reinstated for those who missed the deadline. A letter being sent to legislators states, “By failing to provide these forms, the CSEs have created a situation where families are unjustly penalized, leaving vulnerable students without the support they need to succeed.”
The situation has sparked outrage across the city, particularly among parents of NYC special ed students who rely on these critical services to help their children thrive. Many fear that this will create a cascading effect, with more and more students falling through the cracks as families struggle to navigate bureaucratic hurdles.
The state Education Department has been quick to defend the policy, pointing out that it is required by law to prioritize services for those who meet the June deadline. “We focus first on arranging services for families that submit requests by the deadline, but we will always engage families, including those who didn’t meet the deadline, and seek to serve them as soon and as best as we can,” a spokesman told The Post.
However, the new policy has left many families feeling unsupported and frustrated. The state Department of Education did not respond to inquiries from The Post regarding the implementation of this rule.
While the city has made it clear that they are prioritizing those who submitted their forms on time, advocates and parents alike are urging for the immediate reinstatement of services to those who missed the June deadline, calling the situation a procedural failure that should be rectified immediately.
For now, parents and advocates continue to fight for their children’s rights, hoping that the necessary changes will be made to ensure that NYC special ed students are not left behind in the coming school year.
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