Adams agrees to reform of dysfunctional special education system

Jessica Gould

Published Jul 19, 2023

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Mayor Adams sits in a classroom holding a colorful book with a drawing of Martin Luther King Jr.

Michael Appleton/Mayoral Photography Office

Jessica Gould

Published Jul 19, 2023

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A federal judge ordered the city’s Department of Education Wednesday to overhaul the way it responds to families seeking services for students with disabilities – the latest development in a decades-old lawsuit over entrenched dysfunction in city special education.

Judge Loretta Preska’s order requiring the city implement 40 reforms came in a class action lawsuit filed in 2003 on behalf of parents of children with disabilities. Those parents said they’d successfully petitioned the education department for key services for their kids – such as special programming to address an emotional disturbance, or tuition at a private school specializing in special education – but faced delays receiving those services or reimbursement.

The situation has only worsened since the city settled the case in 2007. By law, students with disabilities who are awarded services or reimbursement are generally supposed to get them within 35 days.

But some students with disabilities have gone many months or even years without receiving the services they are supposed to be getting. Parents of children with learning disabilities report it can now take as many as two years to get reimbursed for private school tuition, tutoring or transportation — even though the education department has agreed to pay.

“To then wait months or years without ordered services or reimbursements adds insult to injury for students and their families, and in our experience can lead to further harm for the families,” said Kim Sweet, executive director of Advocates for Children of New York, which represented the plaintiffs in the class action.

In a statement, Mayor Eric Adams embraced the reforms.

“As a student, it was difficult to navigate the public school system without the support I deserved, and too often, students with disabilities have struggled in a system that wasn't fully able to meet them where they are,” said Adams. “Today’s announcement is a step in the right direction for both New York City’s public school students and their families.”

Last year, a court-appointed special master outlined some of the reasons for the long delays, including the education department’s use of antiquated technology and databases. Staff, the report said, is often unfamiliar with the intricacies of education law and unequipped to do what the law requires.

The judge’s order calls for basic reforms, such as creating a customer support hotline, building a single online platform for issuing and sharing orders, enabling “experienced staff to onboard, train and mentor junior staff,” and recruiting additional personnel. It also calls on the department to figure out a way to deal with an enormous backlog within the next three months.

“For too long, the Department of Education has not done enough for our students with disabilities and their families. Our families have long deserved a transparent and responsive process for receiving much needed services for their children, and we are proud to continue our efforts to make this a more family-oriented process,” said Schools Chancellor David Banks, who attended the hearing.

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Jessica Gould

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Jessica is the education reporter for WNYC and Gothamist. During the Covid-19 pandemic, Jessica reported on the shutdown and reopening of the nation’s largest school system, highlighting the unprecedented impacts on learning, health and mental health for students, staff and families. Got a tip? Email [email protected]

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