Thousands of private school and homeschooled students who need special education services from the city have been denied vital assistance just a week before the school year is to begin — all because applications were not submitted in time in June, The Washington Post has learned.
State law requires parents to apply in writing by June 1 for services for children who attend private schools or are home-schooled and approved for services.
But advocates, teachers and parents who have used occupational, physical and speech therapy resources for years say the rule was never enforced and they were not informed of its deadline.
“They pulled the rug out from under us,” said Marisol, a Bronx mother who homeschooled her son and had provided him with an occupational therapist, a speech therapist and a special education teacher support services (SETSS) teacher for 10 years.
From now on, she will have to homeschool her son without any additional support.
More than 200,000 students in New York City have Individualized Education Programs (IEPs).
The Individualized Educational Services Program (IESP) provides therapy services and SETSS teachers from private agencies to nonpublic schools.
Some parents received notices from the school that their children were denied services because applications had not been submitted, but other parents were not informed until they contacted the district's special education committee to find out more about the new school year, which begins Sept. 5.
“New York State law requires that parents must request equitable (IESP) special education services in writing from the school district no later than June 1 prior to the school year in which the request for services is to be made,” wrote an email from the CSE chair to parents obtained by The Washington Post.
“Because your request was not received, NYCPS will not provide your child with equitable (IESP) special education services during the 2024-2025 school year.”
Kelly, a Staten Island resident and mother of a fourth-grader who receives occupational therapy, physical therapy and hearing services at a Catholic school, said she exchanged more than 60 emails with CSE last year but was never informed of deadlines or required paperwork.
If it was that important, she said, it should have been sent by mail or email.
“My daughter is where she is because of all the services and support that was put in place for her,” Kelly said. “For them to now say, 'Sorry, we can't provide you with anything,' makes me want to cry.”
She was one of many parents who were told by CSE that sending their children to public school was part of the solution.
“We are a proud Catholic school family, and our daughter has a right to the Catholic school system without discrimination,” her mother told The Post.
Sources say at least 1,000 students in Staten Island alone have been affected by the restrictions this year.
According to one activist, some of the city's Catholic schools have around 35 percent IESP students.
She and many other parents worry they will have to pay for expensive services out of pocket or hire lawyers or advocates to fight for them, who can charge about $85 for a consultation and more than $2,000 to represent them in a complaint to the state.
“My calculations are $500 a week. Until we get clarity on this, I don't know if I can afford the $2,000 a month,” Jennifer D. said of the SETTS teacher her son needs for his 11th grade year.
The Brooklyn mother said the deadline was never mentioned during her son's regular IEP meetings.
He was evaluated in May and approved for continued services, and a special supportive computer was sent to his school.
When she requested SETTS-related forms in August, she received a boilerplate response citing state Education Code Section 3602-c saying services would not be provided.
Legal counsel told her it was a “despicable rule” that had been in place since 2007 but had never been enforced.
“It's sad that they would do this to children with special needs,” the mother said.
Parents across the city are demanding that elected officials step in and help.
“By failing to provide these documents, CSE has created a situation where families are unfairly penalized and vulnerable students are denied the supports they need to succeed,” the letter sent to lawmakers said.
The group is calling for an investigation and advocacy for the “immediate reinstatement” of the IESP following what it calls a “procedural failure.”
“Emergency” rules adopted by the state Department of Education in July Due process was stripped away Rachel Maniscalco, a teacher at SETSS, noted that a public hearing was held for parents of children at the private school.
“Parents really have no recourse,” she told The Post.
A memo from the state to superintendents, alerting them to new language and a June deadline regarding disputes outside the scope of due process hearings referenced in 3602-c.
“They're punishing parents who are sending their kids to other schools instead of public schools,” Maniscalco said.
The city's Department of Education said it is required by state law to first notify people who applied on time.
“Our first focus will be on arranging services for families who submitted applications by the deadline, but we will continue to engage with families who missed the deadline to try to provide them with the best possible services as quickly as possible,” a spokesperson told the Post.
The state's Department of Education did not respond to inquiries from The Washington Post.
