Thousands of children receiving special education services in New York State are now at risk of losing those services, due to an amendment proposed by the New York State Board of Regents.
Currently, New York requires school districts to provide children – including those attending nonpublic school – with the services outlined in their Individual Education Service Plans (IESPs). Often, especially in districts like New York City, the district cannot provide the services. In this case, the child’s family can request that the district allow a private provider to fulfill the IESP in a process called a due process hearing. Often accompanied by an attorney, parents have been overwhelmingly successful at due process hearings for decades, enabling thousands of children across the state to receive needed services by third parties.
The proposed amendment would eliminate the right to a due process hearing with districts entirely. Instead, parents would be left with the option that parents almost never use: going directly to the State Education Department, where their complaint would be reviewed by a Department official.
Unlike district hearings, there is little track record of what would occur if parents went to the State. What we do know is that if the Department refuses to grant services to the child by a third party, there is nowhere else for parents to turn – there is no appeal allowed. Another difference is that, unlike the district avenue, there is no reimbursement for legal fees. This means that lawyers and other advocates have no incentive to fight for parents, leaving parents to navigate this process alone.
In other words, the amendment provides no tangible benefit to parents, and removes the key tool in their toolbox to ensure that their children receive the services they need.
Agudath Israel of America has been advocating to block the passage of this amendment by engaging State Education Department officials, legislators, and the Board of Regents. It has also engaged with city officials and various offices within the New York City Department of Education.
We need the grassroots to express how important this issue is to help make the case!
“If this amendment is adopted, thousands of vulnerable children across the state would be at risk of not receiving critical services,” said Rabbi Yehoshua Pinkus, director of Agudath Israel’s Yeshiva Services Department. “Children with special education requirements need more tools to help them succeed, not fewer.”
As the battle against the amendment continues, Agudath Israel encourages all New York residents to respectfully, but clearly, tell the Board of Regents how the proposed changes would impact their children, schools, and communities.
Please go to agudah.org/specialedcrisis to send a personal letter to the members of the Board of Regents and make your voice heard!
You can view this release on our website.
