Tell Your Story
Share your personal experience with your child’s special needs, focusing on their academic or developmental challenges. Detail how specific services have supported your child’s ability to access the education they need.

• Describe Your Child: Share your child’s unique challenges and how special education services have impacted their development and education.
• List Services: Mention the services your child currently receives, such as speech therapy, occupational therapy, or other related services.
• Impact of Services: Describe the specific progress your child has made as a result of these services.
• Why These Services Must Continue: Explain how crucial these services are for your child’s continued success. How would their removal or disruption impact your child and family?
• Costs: explain how this regulation would dramatically increase the cost of providing your child services mandated in their IESP that are not being proved by the district.

Example:
“As a parent, removing my right to file due process complaints will prevent me from holding school districts accountable for failing to provide essential services to my child. I will be forced into lengthy and costly legal battles that I cannot afford. The state complaint process offered as an alternative allows no reimbursement for an attorney or advocate to assist, leaving me to navigate this process alone. Nor does it offer opportunity for appeal. This is not a viable alternative.”

• Impartial Hearing Experience: If applicable, describe how the services your child receives were obtained through an impartial hearing for IESP services.
  “Without the ability to file a due process complaint, I fear that my child’s right to receive necessary services will be severely limited, leaving them without the support that has been so vital for their development.”

Note: we recommend not using your child’s  name or identifying information.

• Uncertainty Created by the Amendment:
  The amendment creates significant uncertainty for schools and providers. While individual provider rates are set for SETSS (Special Education Teacher Support Services), there are no updated rates or clear guidelines for related services such as speech therapy, occupational therapy, and counseling. This lack of clarity jeopardizes the coordination and integration of services necessary for students’ success.
• Impact on Service Availability:
  Many providers are considering leaving the field due to increased uncertainty and confusion surrounding reimbursement and service coordination. This reduction in available providers will directly affect children with disabilities, reducing access to crucial services.
• Consequences of Provider Shortages:
  “As a school or provider, we are struggling to ensure that our students are receiving the appropriate services integrated into their academic programs. Without clear provisions for supervision and coordination, the quality of services could degrade, affecting students’ educational outcomes.”

• Violation of Education Law § 3602-c:
  The rule violates section 3602-c of the Education Law by stripping parents of the right to file due process complaints regarding the rate of reimbursement for services provided in IESPs. The legislative intent of section 3602-c clearly allows parents to challenge the sufficiency of services provided, including whether they align with market rates and program requirements.
• Failure to Address Legislative History:
  The regulatory impact statement fails to adequately address the legislative history of section 3602-c. The proposed rule incorrectly claims that parents of nonpublic school students have no right to file due process complaints regarding provider rates, which directly conflicts with the legislative framework and intent behind the statute.
• State Complaint Process Is Insufficient:
  The state complaint process and local resolution mechanisms outlined as alternatives to due process complaints are deeply flawed. They lack transparency, do not provide reimbursement for attorney or advocate assistance, and offer no mechanism for appeal. Parents will be left navigating an ineffective system with no real recourse.
• Needs and Benefits
  The proposed regulation fails to adequately address the need for this regulation and the benefits. On the contrary, since this regulation was adopted on an emergency basis the provision of services to children with IESPs has precipitously   dropped in NYC, demonstrating that this regulation not only does not provide benefit but rather harms children. And, there are viable alternatives available. The increase in SETSS rates in NYC demonstrates a process whereby rates can be adjusted to ensure that the market ca provide services to children.
• Compliance Schedule:
  Changes of this magnitude that affect the education of tens of thousands of vulnerable children, the livelihood of thousands of providers, and the ability of hundreds of schools to educate their students should be implemented over a period of time that allows for adjustment, not mere weeks before the start of the school year. 
• Future Administrative Changes Could Roll Back Protections:
  Even if current NYC policies address some of the challenges in special education services, there is no guarantee that future administrations or districts will maintain these protections. Parents need the ability to file due process complaints to hold the system accountable and ensure that services are provided consistently across time and geography.
• Cost:
  Explain how this regulation substantially increases the costs to parents and schools.