New York City Public Advocate Jumaane D. Williams today pushed for greater support for students with disabilities in the city’s public school system. At a hearing of the City Council Committee on Education, he lamented that despite federal laws mandating services, “It is an understatement that New York City is failing to meet these standards, leaving many children without services, falling behind, or unable to attend school at all.”
In his comments, he highlighted the realities of obstacles disabled students can face without the proper physical and institutional infrastructure – including before they even enter a school building. The Public Advocate himself has Tourette Syndrome, and as a graduate of city public schools has long worked for equitable practices to support the disability community and students in our city.
He also noted that ahead of this school year, many families were denied services for special education students due to missing a little-known deadline, with services only restored after those families waived their right to sue the Department of Education. He declared it “particularly troubling that it took three months for the DOE to offer legally mandated services to students with disabilities, causing many to fall behind.”
Given the current deficiencies of the city’s public school system in meeting the needs of students with certain disabilities, many parents choose to pull their students from public schools, enroll in expensive private schools which offer these accommodations, then sue the city for reimbursement. This legal practice cost the city $1.35 billion in the last year, and is often only available to families with the means to front tuition and employ lawyers.
“By not serving every student they can in their local public schools, the city has effectively created a two-tiered system of education, where wealthy families can secure the education their kids need, and poorer students fall farther and farther behind,” said the Public Advocate. “Until the city meaningfully prioritizes educating all students regardless of their disability status, we will continue to spend large amounts of money on educating students in non-public schools—money that could be used to transform our school system into one that is welcoming, diverse, inclusive, and supportive for all students.”
The Public Advocate’s full comments as delivered are below.
STATEMENT OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS TO THE NEW YORK CITY COUNCIL COMMITTEE ON EDUCATION JANUARY 30, 2025
Good afternoon,
My name is Jumaane D. Williams, and I am the Public Advocate for the City of New York – I should say, still Public Advocate. I would like to thank Chair Joseph and the members of the Committee on Education for holding this important hearing.
Under the federal Individuals with Disabilities Education Act, or IDEA, all eligible students with disabilities are entitled to a free appropriate public education and special education services. This includes providing services to students who do not attend public schools, and instead attend private or religious schools or are home-schooled. It is an understatement that New York City is failing to meet these standards, leaving many children without services, falling behind, or unable to attend school at all.
Many students with disabilities face barriers to education even before they enter the doors of a school. The city is currently experiencing an understaffing crisis among occupational therapists, physical therapists, speech therapists, and counselors. Many students cannot ride the bus without a paraprofessional—and sometimes a nurse—but there are simply not enough to go around, leaving many students stuck at home unless a caregiver can find alternative transportation. Additionally, Every year when school starts, students who require transportation and their parents report delays in being granted bus services, leaving many families without busing on the first day.
Just before the beginning of this school year, many parents of special education students in non-public schools received notice that their students’ services would not be provided due to a little-known and previously unenforced application deadline of June 1. This requirement affects about 3,500 families, and left many families paying out of pocket for services or unable to send their kids to school at all. In December, the Department of Education sent a letter to parents who had missed the deadline that said children could begin receiving services, but only if parents waived their right to sue the DOE. The waiver reportedly was vaguely worded, did not describe what services students were to receive, and would disallow parents from suing the DOE for the rest of the school year if, for example, students’ IEPs were not followed. This is deeply concerning, and it is particularly troubling that it took three months for the DOE to offer legally mandated services to students with disabilities, causing many to fall behind.
Many families pull their disabled students from the public education system and enroll them in private schools, then sue the city for reimbursement. Last year, the city spent a record-breaking $1.35 billion to cover the cost of private schools and programs for students with disabilities who were not being adequately served in their schools. Parents are entitled to do this under federal and state law, but many low-income families with disabled students, who cannot afford to front private school tuition and hire lawyers, are often forced to continue attending their local public school, even if their student is not receiving the support and services they need. By not serving every student they can in their local public schools, the city has effectively created a two-tiered system of education, where wealthy families can secure the education their kids need, and poorer students fall farther and farther behind. I have to point out, as the cost of that education, that first-tier education in private schools, goes up, that’s less money that goes into the education system to fix some of the problems I spoke about.
Until the city meaningfully prioritizes educating all students regardless of their disability status, public we will continue to spend large amounts of money on educating students in non-public schools—money that, as I mentioned, could be used to transform our school system into one that is welcoming, diverse, inclusive, and supportive for all students. How we fund our schools is reflective of our values, and there is a lot of work to be done before we can say that New York City Public Schools welcomes and values students with disabilities. I want to thank you as a public school baby myself, from pre-school to Masters, it is a great place to get an education with many issues that we have to address, and we need all the money to be able to do that. So I hope we can figure out how to fix this problem.
Thank you.
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