Strict Deadlines Leave Thousands Without Services
New York City’s Education Department is offering a contentious proposal to families of students with disabilities who attend private schools and missed a June 1 deadline for requesting city-funded special education services. Earlier this year, about 3,000 families missed this deadline, resulting in the loss of critical support like tutoring and therapy, while approximately 17,000 others filed on time. Officials had strictly enforced the deadline, citing efforts to curb fraud and manage rising costs, a significant departure from previous years when the rule was loosely applied.
This week, the city reached out to affected families with an offer to restore services via vouchers for private providers. However, these vouchers come with a condition: families must waive their right to sue the city Education Department. The ultimatum has sparked backlash from lawmakers and legal advocates, who argue that the city’s approach places an undue burden on families desperate for services. Councilmember Rita Joseph called the move “outrageous,” emphasizing that it unfairly trades necessary educational support for legal immunity.
City officials defended the waiver, claiming it was necessary to avoid potential lawsuits that could cost “hundreds of millions of dollars” in compensatory services. They cited the city’s $500 million annual expenditure on special education for private school students and expressed concern over the legal exposure stemming from their offer to assist late filers.
Families Caught in a Dilemma
For families, the decision to accept the city’s offer is fraught with complications. Accepting the waiver would immediately restore special education services but at a significant cost: giving up the right to seek reimbursement for months of missed support and to challenge the standard voucher rate if it proves insufficient. Legal experts noted that many providers charge more than the $86-per-hour rate covered by the voucher, leaving families to cover the difference or navigate a lengthy legal process to request an enhanced rate.
Rebecca Shore, director of litigation at Advocates for Children, highlighted the speed advantage for families who accept the offer and already have providers willing to work at the city’s rate. “It’s probably the fastest course,” she said. However, finding such providers mid-school year is challenging due to a citywide shortage, according to M’Ral Broodie-Stewart of Staten Island Legal Services.
Families opting to file legal complaints face months-long delays and uncertain outcomes. The city’s strict enforcement of the deadline could weaken such claims, though Shore noted that each case’s success depends on its unique circumstances.
Legal Complexities and Unanswered Questions
The waiver also bars families from seeking compensatory services for the time their children were without support, raising further concerns. Moreover, a state Board of Regents resolution that would have allowed the city to establish its own system for adjudicating enhanced rate requests remains in legal limbo, adding uncertainty for families considering their options.
Education Department officials assured families that assistance is available through local Committees on Special Education Services and itinerant teachers. However, with only 19 itinerant teachers for nearly 20,000 students, resources are stretched thin.
Advocates recommend consulting legal counsel before signing the waiver. “The average person may not fully understand the implications of legal terms like ‘waive and relinquish,’” Broodie-Stewart cautioned. The city plans to release a FAQ to guide families, but the contentious offer leaves many parents grappling with a difficult choice as they balance immediate needs against long-term rights.
