NYC Public Schools Updates Guidelines For Children With Disabilities To Receive Federally-Mandated Accommodations After Debacle This Year – Requires Waiving Rights To Get Benefits
Malliotakis Statement on Updates to NYCPS IESP Guidelines
Editor’s note: We previously published a story about the issues the City has been having with making the accommodations for children with disabilities that are required under federal laws. And the particular issue referenced by Rep. Malliotakis, where a new deadline was added to the regulations without warning, leaving many parents with disabled children unable to access their necessary services in their schools.
(NEW YORK, NY) – Congresswoman Nicole Malliotakis released the following statement regarding New York City Public Schools’ (NYCPS) new guidelines for parentally-placed students with disabilities to receive federally-mandated accommodations under the Individualized Education Services Program (IESP).
Under the new guidelines, families of students with disabilities who did not meet the filing deadline will need to sign a waiver in order to receive services, in addition to identifying their own provider that will serve their child at NYC DOE’s standard rates.
“While we’re somewhat pleased that NYCPS will begin to provide these federally-mandated services, it’s disheartening that the city is extorting families into waiving their right to appeal, pursue Enhanced Rate Equitable Services, or any due process in order to have these essential services restored. The city failed to provide families with proper notification of the IESP parental intent deadline, and the responsibility to rectify this situation should fall solely on NYCPS. I’ve inquired with the U.S. Department of Education regarding this issue, however, their ability to intervene is limited due to state law being more expansive, so we continue to urge our state and local government to do the right thing for these children. These families have had to deal with accommodations being cruelly stripped from their children, and now they are also burdened with finding their own provider in just two weeks time when there is already a shortage of qualified special education providers. This solution is unfair to families who want their children to receive the support they deserve, and I urge the city and state to stop playing games with our children’s education before the learning loss caused by this bureaucratic nightmare becomes irreparable.”
In October, Malliotakis joined local officials to call on the U.S. Department of Education to hold New York City accountable for violating federal law by failing to provide non-public school students with developmental disabilities the IESP accommodations they are entitled to under the 1975 Individuals with Disabilities Education Act (IDEA).
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