FOR IMMEDIATE RELEASE: December 10th, 2024
CONTACT:
Emma Johnson
ejohnson@council.nyc.gov
347-864-4925
New York City Council Member Keith Powers and City Council Colleagues Demand End of Unfair Waiver Requirement for IESP for NYC Families
After months, DOE continues to fail NYC families
NEW YORK – Today, City Council Member Keith Powers, alongside colleagues on the City Council, demanded that the Department of Education (DOE) reverse course on their requirement that parents of students outside the public school system waive their rights to due process in exchange for Individualized Education Services Program (IESP) services, and to restore critical services immediately.
Last week, the DOE informed families that parents of students who attend private school, or are homeschooled, must waive their right to due process in order for their children to receive the specialized educational services to which they are legally entitled. These services (IESPs) may include speech therapy, transportation, and other special education programs. IESP’s are a critical resource to students in special education programs, and DOE has failed to provide them to thousands of students across New York City. A broad coalition of stakeholders demands the Department fulfill its responsibility to all New York City students.
“After months of failing to provide legally mandated IESP services to New York City students, the Department of Education is now attempting to trade children’s badly needed educational services in exchange for being shielded from legal liability. This is outrageous,” said Council Member Keith Powers. “IESP services are crucial for the success of many students. Without these services, children are falling behind, with potentially life-long impacts to their education. DOE is legally mandated to provide IESP services to students. This failure is monumental. I demand that the DOE act immediately to restore these services, and get our students back on track.”
Chair of the Council Committee on Education Rita Joseph said, “Our children’s education is not a bargaining chip, and their rights are not negotiable. The proposal from NYC Public Schools to ask families to waive their legal protections in exchange for receiving critical, legally mandated Individualized Education Services Programs (IESPs) is both unacceptable and deeply unjust. These services are not optional—they are a fundamental right, guaranteed under the law to ensure that students with disabilities have the tools they need to succeed. This proposal shifts the burden of systemic failures onto families who are already fighting tirelessly for their children. We cannot allow bureaucracy to take precedence over equity, fairness, and the futures of our most vulnerable students. I will continue to advocate for accountability and for the resources needed to provide every child with the education and support they deserve. No family should ever be forced to choose between the services their child needs and their legal protections.”
“The Department of Education’s new policy requiring parents to waive their right to due process in order to secure services for their children is both unjust and unacceptable,” said New York City Council Majority Whip Selvena N. Brooks-Powers. “These legally-mandated special education services are critical lifelines for students with disabilities and their families. I stand firmly with my colleagues in calling on the DOE to reverse this harmful policy and ensure that every child receives the support they need without unfair conditions.”
“Our kids only get one chance at a good education and requiring families to waive their legal rights in order to access critical special education services is not the route to helping our kids get the education they deserve,” said Council Member Lynn Schulman. “As a member of the Education Committee and a longtime advocate for equity in education, I am appalled by the Department of Education’s decision to force parents into an untenable position affecting their child’s education. The services these kids receive are not privileges—they are legal mandates designed to ensure that every child, regardless of where they attend school, has the support they need to thrive. We owe it to these children—and their families—to prioritize their education and well-being, not hold them back with bureaucratic obstacles and hurdles. The DOE must reverse this harmful policy immediately and work with parents, schools, and advocates to build a system that truly meets the needs of all students, especially those with special needs.”
“As the parent of school age children, I know how difficult it can be to manage your child’s school activities and curriculum.” stated Council Member Susan Zhuang. “It is even more difficult for parents who have children that require special education services known as IESP. Despite being strong advocates for their children, too many parents have had to see their children go without these special education services for at least part of the school year. Now, they are being asked to waive their due process rights in order to receive these legally-mandated services. The Department of Education (DOE) wants parents to pay for their own mistakes. This is unacceptable and DOE should reverse this policy immediately.”
“Our city’s special needs children and their families deserve clarity and transparency from the DOE,” said Council Member Shekar Krishnan. “Deadlines should not be arbitrarily enforced, parents should not be left in the dark, nor should their rights be pitted against their need for services under the law. I am appalled by the DOE’s lack of clear communication that has led to many children with special needs losing their legally mandated services. I am proud to stand with my council colleagues and fight for the immediate reinstatement of services to prevent further harm and ensure all children receive the support they are entitled to under the law.”
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