In May, the New York State Board of Regents proposed an amendment that would have severely curtailed the ability of children to receive necessary special education services. The amendment would have eliminated the right of parents to obtain a due process hearing and potentially subjected parents to the financial burden of litigation.

As soon as the proposed amendment was announced, Agudath Israel engaged extensively with New York State Education Department (SED) officials, the Board of Regents, and numerous New York legislators, explaining the drastic effects such an amendment would have on children across New York State. Additionally, Agudah mobilized thousands of parents of children with special needs and other stakeholders to submit comments to the Board of Regents explaining how devastating the proposed amendment would be.

Thanks to Agudah’s advocacy and the public outcry, the regulation was revised in July to include the right to due process hearings for the scope and provision of special education services. Agudath Israel appreciates the opportunity for meaningful dialogue with SED officers and counsel, many concerned Regents, and key legislators that led to this revised amendment.

However, the amendment still denies parents the right to due process to contest the rate of reimbursement. Additionally, the Department utilized an emergency rule to bypass the required 60-day comment period and implement the updated amendment immediately, mere weeks before the start of the upcoming school year, negating any subsequent input from the public and stakeholders.

While this regulation applies across New York State, its effects will be acutely felt in New York City, as thousands of NYC children with special needs receive services as a result of due process hearings and would potentially be disenfranchised. Therefore, Agudath Israel, together with its colleagues on the Standing Committe for Religious and Independent Schools, has been engaging with NYC DOE officials regarding the special education crisis for many months. In a positive development, to fill the gaps left by the abrupt removal of due process for reimbursement, the NYC DOE significantly increased the reimbursement rates for independent Special Education Teacher Support Services (SETSS) providers – which previously had remained stagnant for decades. They also hired more itinerant SETSS providers who, as employees of the DOE, will provide in-school services.

But taking away the statutory right to due process remains a problem. The measures DOE has put into place, while welcome and long overdue, do not negate the need to preserve the rights of parents under the law. To this end, Agudath Israel is continuing to advocate for the Board of Regents to reject the amendment and reinstate the right to due process for reimbursement. And, as with Agudah’s previous advocacy regarding the proposed amendment, the public’s participation is critical to inform the Board of Regents, NYSED, and New York legislators how the absence of due process will affect children who require special education services to succeed.

“We are very appreciative of the Board of Regents for their consideration of the serious issues presented by the amendment, and we are grateful for the much-improved revised amendment,” said Rabbi Yeruchim Silber, director of New York Government Relations at Agudath Israel. “We look forward to further dialogue with the Regents and the Department of Education as we work to resolve this issue completely.”

“As the amendment is currently written, much work is still needed with the NYC DOE and NYSED to clarify the processes by which children will receive the special education services they need. Unfortunately, in many cases, it may still be a costly and lengthy process,” said Rabbi Yehoshua Pinkus, director of Agudah’s Yeshiva Services division. “Delaying these necessary services would hinder the educational development of our most vulnerable children. Agudah will continue advocating until the needs of every child requiring special education are met.”