Thousands of private and homeschooled students in need of special-education services from the city have been denied crucial resources just a week before school starts — all because a form due in June wasn’t received in time, The Post has learned.
State law requires parents to send a written request by June 1 for services for kids who attend private schools or are homeschooled and have been approved for services.
But advocates, teachers and parents — who have been accessing resources such as occupational, physical and speech therapy for years — say the rule was never enforced, and they weren’t made aware of any deadline.
“They pulled the rug right out from under us,” said Marisol, a Bronx mom homeschools her son and has secured occupational and speech therapy, and a Special Education Teacher Support Services (SETSS) teacher, for him for 10 years.
Now, she’ll have to homeschool her son without the added supports.
More than 200,000 students in New York City receive Individualized Education Programs (IEPs).
Individualized Education Services Programs (IESPs) provide therapy services and the SETSS teachers from private agencies to non-public schools.
Some parents received notice from schools that their kids’ services had been denied because of the missing form, but others weren’t told until they reached out to their district Committees for Special Education to confirm details for the upcoming school year, which starts on Sept. 5.
“New York state law provides that parents must request equitable (IESP) special education services in writing to the school district by June 1st preceding the school year for which the request for services is made,” read an email to parents from one CSE chairperson shared with The Post.
“Since a request was not received, NYCPS will not provide equitable (IESP) special education services to your child during the 2024-2025 school year.”
Kelly, a Staten Island mother of a fourth-grader who requires OT, PT and hearing services at her Catholic school, said she had over 60 email correspondences in the last year with her CSE and was not once told about the deadline or necessary form.
It should have been mailed and emailed if it was so important, she said.
“My daughter is where she is because of all the services and support put in place for her,” Kelly said. “Now for them to say, ‘Oh, sorry, we’re not giving you anything’ — I cry about this.”
She was among the many parents told by CSEs that one solution would be sending her child to public school.
“We are a proud Catholic school family, and my daughter has a right to the Catholic school system without discrimination,” the mom told The Post.
At least 1,000 students in Staten Island alone were affected by the rule this year, sources said.
Some Catholic schools in the city have IESP populations of around 35%, according to one advocate.
She and many other parents fear they will have to pay for the pricey services out-of-pocket or hire lawyers and advocates — who charge around $85 for a consultation and over $2,000 to represent them in a state complaint — to fight for the services.
“My calculation is $500 a week — I don’t know if I can keep up with $2,000 a month until this gets clarified,” said Jennifer D., regarding the SETTS teacher her son needs for 11th grade.
The Brooklyn mom said the deadline was never mentioned in any of her son’s regular IEP meetings.
He was evaluated and approved for continued services in May and a special assistive computer was even sent to his school.
When she requested a form related to SETTS in August, she got a boilerplate response citing Section 3602-c of state education law telling her services would not be provided.
A legal advocate told her it was a “sneaky rule” in effect since 2007 but never enforced.
“It’s sad that they’re doing this to children with special needs,” the mom said.
Parents across the city are demanding their elected officials step in to help.
“By failing to provide these forms, the CSEs have created a situation where families are unjustly penalized, leaving vulnerable students without the support they need to succeed,” reads a letter being sent to legislators.
It calls on them to investigate and advocate for the “immediate reinstatement” of IESP following what they call a “procedural failure.”
An “emergency” rule adopted by the state Education Department in July chipped away at due process hearings for parents of private school children, noted SETSS teacher Rachel Maniscalco.
“Parents don’t really have any recourse,” she told The Post.
A memo from the state to superintendents alerting them about the new language pertaining to disputes that fall outside the scope of a due process hearing referenced 3602-c. and the June deadline.
“They are punishing parents for putting their kids elsewhere instead of public school,” Maniscalco said.
The city DOE said it is required by state law to first serve those who meet the deadline.
“We focus first on arranging services for families that submit requests by the deadline, but we will always engage families including those who didn’t meet the deadline and seek to serve them as soon and as best as we can,” a spokesman told The Post.
The state DOE did not respond to an inquiry from The Post.
