NYC Parents Face Tough Choice: Special Ed Services or Lawsuit Rights?
The New York City Education Department is giving families of private school students with disabilities a chance to restart special education services, but there’s a catch.
Earlier this year, the department strictly enforced a June 1 deadline for families to apply for city-funded services like tutoring, speech therapy, and occupational therapy. While 17,000 families applied on time, around 3,000 missed the deadline and lost access to these services.
To fix this, the department is now offering vouchers to these families to pay for special education providers. However, parents must sign a waiver that takes away their right to sue the department. Families have two weeks to decide.
Why Is the Waiver Controversial?
Many lawmakers and education advocates are unhappy with this condition. They believe it’s unfair to ask parents to give up their rights just to get their children’s services restored. Brooklyn City Council Member Rita Joseph called this approach “outrageous.”
The Education Department argues that this waiver is necessary to protect the city from massive legal costs. Officials say providing services to late applicants without this agreement could expose the city to hundreds of millions in lawsuits.
What Does This Mean for Families?
Parents now face a tough choice. Signing the waiver might be the quickest way to get their child’s services back. But it also means:
- No compensation for missed services: Families cannot ask the city to pay for services their children missed between September and now.
- No extra funding for higher costs: If the voucher amount is less than what a provider charges, parents will need to cover the difference.
Finding providers who accept the city’s rate can be very hard, especially in the middle of the school year.
Things Parents Should Consider
- How Fast Do You Need Services?
- If a family already has a provider who accepts the voucher, it’s an easy option.
- Otherwise, filing a legal complaint to demand services may take months and is not guaranteed to succeed.
- Are You Okay Losing Compensation Rights?
- By signing the waiver, families cannot ask for make-up services for the months missed.
- Can You Find a Provider?
- The city offers $86 per hour for special education tutors, but many providers charge more.
- Finding a provider who accepts the city’s rate is very challenging.
Parents can contact the city’s Committees on Special Education or use the 19 special education teachers provided by the city. However, these resources may not be enough for all students needing help.
Legal Advice is Key
Education advocates strongly suggest consulting a lawyer before signing the waiver. Many parents may not fully understand the legal terms and might give up important rights.
The Education Department plans to post an FAQ to explain the waiver, but legal experts say professional advice is still crucial.
Final Thought
The situation leaves families in a difficult position: choose between restoring services quickly or keeping their legal rights. For many, the decision will depend on their child’s immediate needs and the availability of providers.
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