Shining a Light on NYC Special Education Crisis

Anyone dealing with special education laws in New York City -- parents, attorneys, teachers, schools, and hearing officers -- knows that this is a system in crisis. Too few hearing officers, extensive delays, even too few hearing rooms (all of which are located in often inconvenient downtown Brooklyn) are just a few of the issues apparent to those who are seeking legal intervention to obtain the services and setting that children with disabilities are entitled to under law, specifically, the Individuals with Disabilities Education Act (IDEA).

Now, thanks to a report prepared by an outside consultant, Deusdedi Merced of Special Education Solutions, LLC, and made public by The City, the full extent of the problems with this system and how these problems impact students and families is being made clear. The report was initially commissioned in early 2018 by the New York State Department of Education and the consultant was charged with examining the policies, procedures, and practices relating to impartial hearings in New York City. According to Mr. Merced, a well-regarded attorney who has served in roles in all aspects of the special education system in New York, D.C., and elsewhere, delays in completing this report were "directly attributed to actions taken by the New York City Independent Hearing Office and/or New York City Department of Education."

When the 49 page report was issued on February 22, 2019 it was only released after a public document disclosure request by The City was granted. The news of the report with a link to its contents appeared in yesterday's edition of The City.

In addition to the discussion of the report in The City, there is another piece about the report, its findings, and the current state of special education proceedings in The Brooklyn Daily Eagle.

Both news reports make for a quick and concerning read. The report itself is dense with information, but some crucial findings include:

• New York State has almost as many due process complaints (the initial step to contest an issue under the IDEA) filed each year as the next six largest states combined; 90 percent of these are filed in New York City.
• Logistical issues abound:  On an average day there are 122 hearings scheduled but there are only 10 hearing rooms. Hearing rooms often lack sufficient furniture and are poorly ventilated.
• Hearing officers are poorly compensated and there are frequent recusals. There are insufficient hearing officers for the number of matters. Hearing officers are appointed without anyone checking on their availability (few do this as a full time career).
• Failure to use uncontested methods -- mediation - or to keep students in their current uncontested placements adds to the burdens on the system. 

The report urges prompt action -- by both NY City and NY State -- to keep this vital avenue for parental redress open and functioning. We hope someone is listening.

NY State Adopts Changes to Diploma Requirements

We have been following how the New York State Board of Regents, the body that oversees public education throughout the state, has been making changes to the graduation requirements for New York students with disabilities.

Most recently, we wrote about changes the Regents adopted in 2016 to create a path to a diploma - called a "local diploma" - for students with disabilities who were unable to pass sufficient Regents exams to obtain a Regents Diploma, the "gold standard" academic diploma for New York students.

At that time, we noted that all changes to the strict Regents diploma requirements were

"... part of a delicate balancing act. Parents and educators want to make sure that all students -- including those with disabilities -- are offered a rigorous curriculum to prepare them for adulthood. On the other hand, both parents and schools recognize that because of their disabilities, some of these students will not be able to meet the highest bar set by certain state exams and risk being left without a high school diploma despite their best efforts to achieve this crucial credential."

Earlier this week, the Regents implemented another change, this one made without the usual notice to the public. It permits students who are unable to pass the English and math Regents (even at the lower passing rate for students with disabilities of 55 percent) to obtain a local diploma if their district certifies that they are prepared for entry-level employment and "showed proficiency" for those subjects in which they did not pass the Regents exam. 

Why is this so important to some families of students with disabilities? The credential which would otherwise have been available to these students who were unable to pass the Regents exams is the Career Development and Occupational Studies Commencement Credential (CDOS). A local diploma is acceptable for college, military service, and employers; the CDOS is not. This change will increase the graduation rates for New York students and for some it will mean that they are eligible for jobs, military enlistment, or even college where they would not have been before this latest rule change. The long term impact of arguably lowering academic standards will be harder to quantify, but for the relieved parents reportedly attending the most recent Regents meeting, these longer term issues are not paramount. 

 

New NY Diploma Requirements for Students with IEPs

Earlier this year, we wrote about changes to diploma options for New York State students that affected students with IEPs who could not pass required Regents exams, the "gold standard" exams that were required for graduation with a "Regents Diploma."

Now, additional changes have been put in place by the New York State Board of Regents, the body that sets the standards for all schools statewide, that take effect on June 20th of this year, so that they will apply to students due to graduate with the Class of 2016. 

Essentially, students with IEPs who have not been able to pass Regents exams otherwise required for graduation can still graduate with a "local diploma," which is sufficient for college admissions, employers, and the military, if their school superintendent (or the principal of their "approved" private school) has determined that the student has met the learning standards for the course. These standards include the final course grade as well as grades on homework, projects, class work, quizzes and tests, as well as "actively participating" in (although not necessarily passing) the exam required for graduation. 

Students will still be required to pass English Language Arts (ELA) and Math Regents, since these two subjects are deemed foundational skills. But they will not be required to pass other Regents exams and, instead, can be judged competent in these subjects by a superintendent's review as outlined above. 

The Board of Regents notes that these newly announced changes are intended to be in addition to other “safety net” options currently available to students with disabilities to graduate with a local diploma. These are:

• Pass five required Regents exams with a score of 55 – 64
• Receive a local diploma via appeal if all of the conditions of appeal are met.  This option is for students who score up to three points below a score of 55 on a Regents exam 
• Score between 45-54 on one or more of the Regents exams required for graduation, other than ELA or mathematics, but achieve a score of 65 or higher on another required Regents exam which can compensate for the lower score. A score of 65 or higher on a single examination may not be used to compensate for more than one examination for which a score of 45-54 is earned.

All of these alternative paths to graduation are part of a delicate balancing act. Parents and educators want to make sure that all students -- including those with disabilities -- are offered a rigorous curriculum to prepare them for adulthood.  On the other hand, both parents and schools recognize that because of their disabilities, some of these students will not be able to meet the highest bar set by certain state exams and risk being left without a high school diploma despite their best efforts to achieve this crucial credential. These newest changes by the Regents, together with their earlier modifications of graduation requirements, are an effort to strike the best balance for these students.

College Tour: Iona, Manhattanville, and Marist

A day trip to picturesque Rhinebeck, New York took your blogger past several area colleges that would be good places to consider for families looking for colleges with strong support for students with learning differences.

Iona College, located in New Rochelle, NY was founded by Christian Brothers in 1940, and has grown to student body of well over 3,000, offering more than 45 majors as well as Division I athletics. For students with learning and related issues, Iona offers the College Assistance Program (CAP). Students apply separately to CAP, which provides professional tutors and counseling services, as well as coaching for students with attention and organizational difficulties. In addition, students enrolled in CAP are required to meet at least three times a week with their CAP counselor. For students who need less significant supports, or who decide not to enroll in CAP, the Samuel Rudin Academic Resource Center offers a wide array of accommodations and supports to students with documented disabilities.

A bit further north is Manhattanville College, which was founded in 1841 and presently has approximately 1,700 undergraduates and 1,000 graduate students, enrolled in 90 areas of study on a 100 acre campus. We have long been familiar with Manhattanville and its supportive H.E.L.P. (Higher Education Learning Program) services. This program is available to students with documented learning or related disabilities who are registered with the Office of Disability Services and who desire comprehensive support. There is a separate fee for H.E.L.P. In addition, all students can use the tutoring services of the Academic Resource Center, which provides both professional and peer tutors in a wide array of subjects.

We have previously had the pleasure of speaking with Carin Horowitz, LMSW, who directs the Office of Disability Services and H.E.L.P. at Manhattanville and she welcomes inquiries from students and families interested in Manhattanville's programs and services.

Finally, our drive north took us past Marist College, whose expansive campus along the Hudson River covers over 200 acres. Marist has over 6,000 students and offers 44 undergraduate majors, as well as graduate and certificate programs. As with the other two colleges on our mini-tour, Marist offers a separate support program for students with learning and related difficulties, which requires a separate application and a separate fee. Students meet one-on-one with their learning specialist to work on such skills as organization, test-taking strategies, and writing skills.

Construction delays and downpours aside, we were pleased to be reminded of these excellent resources for college bound students who need learning supports.

Changes to New York State Diplomas

As graduation approaches for high school seniors, it is important for parents and students who will be in high school next year to be aware of significant changes to the diplomas available in New York State for students with learning and related challenges. We last wrote about changes to New York diplomas back in May, 2011.

Photo credits: Jeff Meyer and clker.com

For many years, New York had a three tier system for diplomas: students could earn a Regents diploma (and later, a Regents diploma with honors) by taking and passing a series of Regents Exams; for students, including those with Individual Educational Programs (IEPs), who could not meet the challenge of Regents Exams, there were Regents Competency Exams, which were less challenging and which led to a "local" diploma; and, finally, for those students with significant learning difficulties who could not manage even a local diploma, there was an "IEP Diploma" which was not really a diploma at all, but a certificate that simply noted that the student met the goals set forth in his or her IEP.

As states, including New York, worked to raise standards for all students, the Regents Competency Exams were eliminated. Students with IEPs could still earn a local diploma by passing a lesser number of Regents Exams with lower scores than typical students. This option remains in place for the time being.

More recently, notice was given that IEP diplomas were being eliminated, and the Board of Regents has put in place a temporary replacement in a credential they call the “New York State Career Development and Occupational Studies Commencement Credential.” Like the IEP diploma, this certificate of graduation is not a diploma. The position of the Board of Regents is that this certificate will be more meaningful than a IEP diploma, because it will indicate what courses a student has completed towards occupational competency. Some parents are concerned that employers will not consider this any differently than an IEP diploma -- neither is actually a high school diploma -- and will not hire students who can present only this credential.

The New York State Board of Regents notes that the new credential is in place only temporarily, "in order to ensure that the proposed credential is available to students with disabilities effective July 1, 2013 when the regulation providing for an individualized education program (IEP) diploma sunsets." There is information available on the Board of Regents website about the ways this new credential was developed and how it is expected to impact students. There is a comment period, ending June 7, 2013, for the public to let the Board of Regents know what they think of this new credential. Click here to obtain the comment form.


Photo credits: Jeff Meyer and clker.com