- The proposed amendment to Section 200.5 of the Regulations of the Commissioner of Education aims to strip away parents right to file due process complaints regarding the implementation of services in Individualized Education Services Plans (IESPs)
- The amendment contradicts existing state laws and the legislative intent underpinning these laws as well as historical and recent precedent.
- According to Education Law § 3602-c, the Department of Education is mandated to develop an IESP for students with disabilities in private schools, affording them the same rights as those under the Individualized Education Program (IEP) in public schools. This law explicitly references the right to due process for disputes related to the identification, evaluation, educational placement, and implementation of
services for students with disabilities. - Courts have upheld these rights, recognizing that parents must have a way to hold school districts accountable for failing to provide essential services. Removing these protections will leave us with no practical recourse, forcing us into lengthy and costly legal battles that many cannot afford.
- Instead of removing our rights, the Board should focus on solutions like:
- Increasing base compensation rates for special education providers;
- Implementing RFPs for agency providers to streamline service delivery;
- Working with schools to provide more services in group settings where appropriate; and
- Hiring more providers to work directly with the local education agency.
These changes would address the root issues and ensure that our children receive the timely and adequate services they deserve.