We don’t know for sure, but the reason the amendment is being proposed may be due to issues in areas, like New York City, where many parents file due process complaints for IESP services not provided by the local education agency.

The cost for these services has risen dramatically in recent years, due to inflation, market forces, the inefficiencies in several districts running the program, and other factors. This has also resulted in a months-, and sometimes, years-long backlog in the processing of payments to services providers. Some of these issues were highlighted in the NYC Comptroller’s 2023 report.

For more background information, see here.