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NYC: Complaints from SPED parents "have skyrocketed since 2014"

May 28, 2019, Chalkbeat New York City: Surge of complaints by parents of special education students sparks ‘crisis’ Complaints filed against the city Department of Education by parents of special education students have skyrocketed since 2014 — sparking a “crisis” that leaves some kids without essential service for months on end, a state-commissioned report found. The flood of parents battling the public schools system for support is threatening to overwhelm a dispute-resolution system suffering from too few hearing officers and inadequate space to hold hearings, according to the external review obtained by THE CITY. Complaints jumped 51% between the 2014-’15 and 2017-’18 school years, the report found. That surge has continued into the current school year, with 7,448 complaints filed as of late February — more than the total for the entire prior school year. … “That it has not yet collapsed is remarkable given the staggering numbers of due process complaints filed in New York City.” One Family’s Struggle Brooklyn mom Josie Hernandez, who visited the DOE’s impartial hearing offices on Livingston Street in Brooklyn last week, said she’s been fighting to get her now 14-year-old son the services required under his individual education plan — known as an IEP — since October 2017. The legally binding document says her son should be in a classroom capped at 12 students, and receiving speech therapy and counseling. But Hernandez says her son has never gotten all three of those requirements at any of the four schools he’s attended. A recent neuropsych examination determined the teen is three or four grade levels behind, according to Hernandez. “For three years, they’ve not been giving him the services mandated on the IEP,” she said. … “When the parents come to us, unfortunately, usually it’s at a point where it’s been three or four or five or six years [without services],” said Shore, whose group provided the external review to THE CITY. “At that point, the student needs a lot of compensatory services to make up for the lack of instruction and appropriate instruction the student experienced for that much time.” The report doesn’t attempt to identify why complaints are up. But it notes that some in the education field attribute the hike to a boost in parents using the due process system to seek tuition reimbursement for placing kids in private schools. That happens when the public school system can’t accommodate a student’s needs. The number of students receiving reimbursement for private school tuition grew from 3,329 during the 2013-’14 school year to 4,431 in 2016-’17, according to the DOE…. The DOE’s spending on the most common type of private school placement — known as Carter Cases — nearly doubled from $222 million to $417 million between the 2013 and 2016 school years, according to City Council budget documents. Mayor Bill de Blasio announced in June 2014 that the city wouldn’t be as litigious as the prior administration in dealing with parent tuition-reimbursement requests. The requests hit a high in the 2016-’17 school year, the latest figures supplied by the DOE show. … He noted the root of the problem is that public schools simply don’t have enough services to cover the needs of many of the city’s 224,000 special education students. New York City logged more due process complaints than California, Florida, Texas and Pennsylvania combined, according to 2016-’17 data collected by the state Education Department. “The reason why you’re seeing these astronomical numbers is because they have never addressed the fundamental problems with their delivery of special education services,” said Mar. “There’s not enough programs and not enough staff to provide services.” … One of the reasons the complaint process moves so slowly in New York City is because the DOE isn’t trying to resolve enough cases through mediation, the plan noted. There were only 126 mediations held last year, according to state data. …


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