Thousands of special education students are still not receiving the support they need despite a dramatic increase in spending in recent years, New York Comptroller Brad Lander writes in a new report.
There are roughly 283,000 students with disabilities in the city. Of that group, roughly 13,800 recommended services, such as speech therapy, physical therapy, occupational therapy and counseling, were not fulfilled. Approximately 10,000 preschool students with disabilities missed their mandated services.
Children in majority Black, Hispanic school districts were less likely to have their mandated services provided. The comptroller’s analysis, which was released Monday, also found a correlation between poverty level and the likelihood special education services would not be fulfilled.
“We know that students with disabilities can thrive but only when they get services they need – and are legally entitled to,” Lander said in a press release. “Unfortunately the Department of Education’s system for providing those services is failing to deliver urgently needed services to thousands of kids, especially low-income students of color.”
The city has struggled for years to meet the needs of a growing number of students with disabilities. Last month, the city agreed to court-ordered reforms of special education services in connection with a class action lawsuit filed in 2003.
Difficulty obtaining special education services has also pushed more and more families to file individual “due process claims” that can result in a judgment that the city pay special education providers directly or reimburse families who pay out of pocket. Those claims have spiked over the past decade, from $33 million in Fiscal Year 2012 ro $372 million in Fiscal Year 2022, the report found.
Lander’s report notes those claims place a burden on families who have to navigate “a complex and time-consuming legal process.” It also means that more and more families are finding their own providers outside the city’s contracts, which “brings with it a lack of accountability and opportunities for fraud,” the report states. The comptroller report cites a recent New York Times investigation that found some companies working with students at Hasidic schools charged exorbitant fees for under-trained staff.
The comptroller recommended that the city expand its own network of qualified and vetted special education providers. “We can and must do better,” Lander said in the release.
In response to Lander’s report, city officials said the Adams administration is making investments to serve more students with disabilities within the public school system so that families do not have to take legal action for outside services.
“DOE is tremendously proud of the innovative specialized programs and services we have developed, and this administration’s unprecedented commitment to growth and equity in special education,” education department spokesperson Nicole Brownstein said. “We appreciate the Comptroller recognizes those advances and investments and agree more must be done.”
Brownstein said this city is investing $51.8 million to expand programs for students with dyslexia, autism, emotional disabilities, and in bilingual special education. The city is also working with non-public schools to ensure services are provided by high-quality and credentialed staff.
Mayor Eric Adams, who is dyslexic, has made dyslexia a top priority, increasing screenings for reading challenges and launching pilot programs with specialized instruction. Last winter, Schools Chancellor David Banks announced the city would also expand programs serving students with autism and other sensory issues, and create more inclusive classrooms for students with emotional disabilities.
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