special education

Thousands of students still wait for special education services or don’t receive them at all, city figures reveal

PHOTO: Alan Petersime

New data released Tuesday show that New York City is still struggling to provide required services to many of its students with disabilities.

About 30 percent of students had to wait longer than the two months allowed under law to be assessed for education plans that outline the services the city is required to provide them, according to data from last school year. Meanwhile, 41 percent of students were offered only partial services required on those plans — or no services at all.

Tuesday’s report is only the second time the city has released comprehensive statistics on how well the city is serving its roughly 212,000 students with special needs. Advocates and legislators had long complained that the city withheld crucial information about this population, a group that by itself would be roughly the seventh largest school system in the country.

With some exceptions, numbers from the new report show a relatively static trend in how well the city is serving students with disabilities compared with the 2014-15 school year.

Just 59 percent of students received the full range of services required on their individualized education programs, or IEPs, compared with 60 percent the previous school year. And 33 percent, or roughly 58,000 students, received only partial services — down from 35 percent.

The number of students who received no services, despite being recommended for them, rose from 5 to 8 percent, or almost 14,000 students.

“That’s really disheartening,” said Maggie Moroff, a special education policy expert at Advocates for Children. “But I think it’s also a big wake-up call. The fact that they’re doing the reporting and that it’s public and people are looking at it is a good thing.”

By law, the city has to hold IEP meetings within 60 days of a parent giving consent; they are used to develop a student’s annual goals and supports. This past school year, 71 percent of students got their IEPs within the legally required timeframe, compared with 69.5 percent during 2014-15.

“While we continue to make progress in improving our special education processes and systems,” wrote education department spokeswoman Toya Holness, “we have a lot more work to do to reach our goal of ensuring all students are receiving the supports they need.”

But, as in the past, the city issued a warning about its own statistics. Due to major flaws with the city’s special education tracking system, which has sparked litigation, officials warned the data may not be completely reliable.

“We are aggressively working to address the data concerns that presented challenges in last year’s and this year’s reports, and for the current (2016-17) school year,” Holness wrote in an email.

The city pointed to other bright spots: The number of students receiving related services such as speech and occupational therapies increased to 94.8 percent, according to the city. And graduation rates for students with disabilities has increased roughly 10 percent since 2011-12 to 41.1 percent.

“We’ve seen important progress and I’m encouraged by the preliminary information we’re seeing,” DOE Deputy Chancellor Corinne Rello-Anselmi, said in a statement. “We’ll continue to work tirelessly to ensure the data collection is accurate and expand programs and provide schools with the resources they need to provide a high-quality education for all students with disabilities.”

survey says

How accessible are New York City’s high schools? Students with physical disabilities are about to find out

PHOTO: Cassi Feldman
Midwood High School is considered inaccessible to students with physical disabilities.

Michelle Noris began her son’s high school search the way many parents of children with physical disabilities do: by throwing out most of the high school directory.

She knew her son Abraham would only have access to a few dozen of the city’s 400-plus high schools because of significant health needs, despite being a bright student with a knack for writing.

“I tore out every page that didn’t work in advance of showing [the directory] to him,” Noris recalls.

Even once they narrowed the list of potential schools, they still couldn’t be sure which schools Abraham — who has cerebral palsy and uses a wheelchair — would be physically able to enter. The directory lists whether a school is considered partially or fully accessible, which, in theory, means that students should have access to “all relevant programs and services.”

In practice, however, the situation is much more complicated. “We had schools that are listed as partially accessible, but there’s no accessible bathroom,” said Noris, who is a member of the Citywide Council on Special Education. Some “accessible” schools might not have water fountains or cafeteria tables that accommodate students with mobility needs. A school’s auditorium could have a ramp, but no way for a wheelchair-bound student to get up on the stage.

Most of that information is not publicly available without calling a school or showing up for a visit — a process that can be time-consuming and demoralizing. But now, thanks in part by lobbying from Noris and other advocates, the city has pledged to begin filling the information gap. The education department will soon release more detailed information about exactly how accessible its high schools are.

Based on a 58-question survey, the city is collecting more granular data: if music rooms or computer labs are accessible, for instance, or whether there’s a slight step in a library that could act as a barrier. The survey also tracks whether a student in a wheelchair would have to use a side or back entrance to make it into the building.

“Sometimes, [parents] actually have to visit four or five of our schools to see if their child could get to every area of the school that’s important to them,” said Tom Taratko, who heads the education department’s space management division. “We didn’t think that was right.”

Virtually every physical amenity will be documented, Taratko said, down to whether a school has braille signage or technology for students with hearing impairments.

Education department officials are still fine-tuning exactly how to translate the city’s new accessibility inventory into a user-friendly dataset families can use. Some of the new information will be made available in the high school directory, and the results of each school’s survey will be available online.

Officials said the new data would be provided in “the coming weeks” for all high schools in Manhattan and Staten Island. The rest of the city’s high schools should be included before the next admissions cycle.

The survey will help identify which schools could be made accessible with relatively few changes, Taratko explained. “Everything — our shortcomings, our strengths — everything will be out there.”

The decision to release more high school accessibility data comes less than two years after a scathing U.S. Department of Justice investigation revealed “inexcusable” accommodations in elementary schools.

Many of the city’s school buildings were built before the Americans with Disabilities Act became law, and despite committing $100 million in its current five-year capital budget to upgrades, many schools are still not accessible. According to 2016 data, the most recent available, just 13 percent of district and charter schools that serve high school grades are fully accessible. About 62 percent are partially accessible, and 25 percent are considered inaccessible.

Making accessibility data public could help change those numbers, said Maggie Moroff, a disability policy expert at Advocates for Children who has pushed for greater transparency and praised the initiative.

“Once it’s out there, there’s so much more self-advocacy a parent can do,” Moroff said. “Then they can make requests about specific accommodations.”

Greater transparency is just one step in the process. Moroff hopes the city will consider taking students’ physical disabilities into account during the admissions process so that academically qualified students get preference for accessible schools. Once students arrive, she added, they must be welcomed by the school community.

“There needs to be much more work to hold the schools accountable to actually welcoming those students,” Moroff said. “It has to go hand in hand with making renovations and making accommodations.”

Even though the data comes too late for Noris, whose son submitted applications to just two high schools out of a possible twelve due to accessibility constraints, she is optimistic future families will have an easier time navigating the process.

“They didn’t say, ‘We’re going to do this over the next ten years.’ They said, ‘We’re going to do this in two years,’” Noris said, noting that she hopes more funding is allocated to upgrade buildings. “I think it’s a real example of the Department of Education hearing the needs and being willing to act on it.”

Measuring Equity

The city is paying for more students with disabilities to attend private school. But is that helping poor families?

PHOTO: Patrick Wall
Mayor Bill de Blasio announces policy changes meant to make it easier for parents of children with special needs to secure city funds for private school tuition.

When Mayor Bill de Blasio announced he would make it easier for children with disabilities whose needs aren’t met in public school to have their private school tuition funded by the city, he said the policy shift would make the special education system more equitable.

Families were put through “a very difficult and often litigious process,” de Blasio said at a 2014 press conference announcing the new policy. He added that the city “needed a streamlined, parent-friendly, family-friendly, respectful approach that didn’t matter how good your lawyers were, or how much money you had to spend on lawyers.” He promised the city would scale back legal barriers that sometimes kept families from getting the city to pay for private placements.

That shift seems to have had a clear effect: As Chalkbeat reported in July, roughly 4,100 students with disabilities were funded by the city to attend private school last year, 42 percent more than in 2011. And fewer families had to fight lengthy battles for that funding: The city settled 49 percent more cases without going through a legal hearing than they did in 2011.

While some advocates see these as positive changes, exactly what kinds of families have benefitted is an open question — one that city officials say their data systems don’t allow them to answer.

In June, Chalkbeat filed a Freedom of Information Law request asking for demographic breakdowns — including socioeconomic status — of students with disabilities whose private school tuition is paid for by the city. The request was an attempt to assess whether the policy was having the effect on equal access that de Blasio promised.

Nearly four months later, after repeated delays, the city has denied that request. The city said it does not collect the socioeconomic status or race of students in the database where it tracks tuition reimbursements.

The state’s open-records law “does not obligate the DOE to match data across computer storage systems,” wrote Joseph Baranello, the education department’s records access officer, in a letter. Baranello noted the city also searched for “previously created compilations of data,” but could not find any.

Baranello’s explanation is based on the state’s open-records law, which requires the city to disclose only records that it already keeps. But it does raise questions about how the city can tell if the policy is having its desired effect without clear data on the question.

Education department spokeswoman Toya Holness said the new policy has made it easier for families of students with disabilities to get appropriate services.

“Several offices across the DOE work closely to process these claims,” she wrote, “and we are always looking for ways to improve our tracking systems.”

Aaron Pallas, a professor at Teachers College, expressed some skepticism about the department’s response to the records request. “You would think the department would want to demonstrate the effects of the policy change,” he said. “One is always suspicious that an agency refuses what seems to be a reasonable request because they won’t like the interpretation of the records.”

Some advocates said that even if the city can’t prove that the policy is serving more low-income families, those it is serving are often having an easier time.

Rebecca Shore, who represents low-income families as litigation director at Advocates for Children, said the administration’s shift has given parents of children with disabilities a more straightforward path to private school by reducing the amount of time and money they have to commit to legal battles.

“The reality is the policy is helping those low-income parents,” she said. “Does that mean it’s equally dispersed? No.”