Thousands of students in New York City are denied access to special education – just days before school starts

Thousands of private and home-schooled students who rely on the city's special education services were denied critical resources just a week before school started, The Post has learned, all because a form due in June was not received on time.

State law requires parents to submit a written application for benefits by June 1 for their children who attend private school or are homeschooled and who have been approved for benefits.

But advocates, teachers and parents who have used resources such as occupational, physical and speech therapy for years say the rule was never enforced, nor were they given any notice of a deadline.

“They pulled the rug out from under us,” said Marisol, a Bronx mother who homeschooled her son and arranged for him to receive 10 years of occupational and speech therapy and a Special Education Teacher Support Services (SETSS) teacher.

Now she has to homeschool her son without any additional support.

More than 200,000 students in New York City receive Individualized Education Programs (IEPs).

Individualized Education Services Programs (IESPs) provide therapy services and SETSS teachers from private agencies to nonpublic schools.

Some parents received notice from the school that their children were denied services because of the missing form, but others did not learn this until they contacted their district's special education committees to confirm details for the upcoming school year, which begins Sept. 5.

“New York State law requires parents to request in writing from the school district for equality-focused special education (IESP) services by June 1 prior to the school year for which the request is made,” reads an email to parents from a CSE chair obtained by The Post.

“Because no such request has been received, NYCPS will not provide equivalent (IESP) special education services to your child during the 2024-2025 school year.”

Kelly, the mother of a Staten Island fourth-grader who requires occupational therapy, physical therapy and hearing aids at his Catholic school, said she has exchanged more than 60 emails with her CSE in the past year without once being told about the deadline or the required form.

If it was that important, it should have been sent by mail or email, she said.

“My daughter is where she is because she was provided with all the services and support,” Kelly said. “And now they're saying, 'Oh, sorry, we're not giving you anything' – it makes me cry.”

She was one of many parents who were told by CSEs that a solution was to send their child to a public school.

“We are a proud Catholic school family and my daughter has a right to the Catholic school system without discrimination,” the mother told the Post.

According to sources, at least 1,000 students on Staten Island alone were affected by the rule this year.

According to one advocate, the proportion of IESP students at some Catholic schools in the city is about 35%.

She and many other parents fear they will have to pay for the expensive services out of their own pockets or hire lawyers and advocates to fight for the services, who charge about $85 for a consultation and more than $2,000 to represent them in a lawsuit before the state.

“My calculation is $500 a week – I don't know if I can afford $2,000 a month until that gets sorted out,” says Jennifer D. of the SETTS teacher her son needs for 11th grade.

The Brooklyn mother said the deadline was not mentioned at any of her son's regular IEP meetings.

In May, he was examined and approved to continue receiving services. A special support computer was even sent to his school.

When she requested a form related to SETTS in August, she received a standard response citing state education code section 3602-c, saying the services would not be made available to her.

A lawyer explained to her that it was a “sneaky rule” that had been in place since 2007 but had never been enforced.

“It’s sad that they do this to children with special needs,” the mother said.

Parents across the city are calling on their elected officials to step in and help.

“By failing to provide these forms, CSEs have created a situation where families are unfairly penalized and at-risk students are left without the support they need to succeed,” a letter to lawmakers said.

They are asked to investigate the incident and to push for the “immediate reinstatement” of the IESP after what they believe was a “procedural error”.

An “emergency rule” passed by the state Department of Education in July limited the rights of parents of private school students to a due process hearing, noted SETSS teacher Rachel Maniscalco.

“Parents really have no way to defend themselves,” she told the Post.

A memo from the state to superintendents informing them of the new language regarding disputes not within the scope of a due process hearing (number 3602-c) and the June deadline.

“They punish parents for sending their children anywhere other than a public school,” Maniscalco said.

The city's Energy Department said state law requires it to serve those who meet the deadline first.

“Our initial focus is to organize services for families who submit their requests on time, but we will always engage with families, including those who missed the deadline, and try to help them as quickly and as best as we can,” a Post spokesperson said.

The state energy ministry did not respond to a request for comment from The Post.