NYC ‘blackmailing’ parents trying to get special ed services for their kids, critics say

The city strong-armed parents of special education students into signing away their right to sue for critical resources for their kids — a move critics ripped as “heartless” and “blackmail.”

In August, about 3,000 families of private and homeschooled kids in need of special-education services found out they were being denied resources because a form wasn’t received by a newly enforced deadline.

After widespread outrage, the city Department of Education said it would help families who missed the deadline restart their Individualized Education Services Programs (IESPs), which provide services such as physical and occupational therapy outside of public schools.


New York City Public Schools
The Department of Education — lead by Melissa Aviles-Ramos — has made it a prerequisite to sign a contract waiving the right to sue, request an impartial hearing and seek reimbursements. facebook/NYCschools

On a call on Thursday, however, officials said a waiver relinquishing the right to sue, request an impartial hearing and seek reimbursements is now a “prerequisite to services.”

“Without the waiver, NYCPS could face hundreds of millions of dollars in liability through litigation,” they explained.

“This decision stemmed from a change in the paperwork submission deadline, which [New York City Public Schools] failed to properly notify families about or enforce in previous years,” Staten Island Assemblyman Sam Pirozzolo fumed in a statement.


A general view of a New York City Board of Education seal as seen in New York, NY on April 15, 2018. (Photo/Christopher Sadowski)
Assemblyman Reilly is accusing the city of hiding behind lawyers. Christopher Sadowski

“I believe it is blackmail and coercion, a violation of your rights, and an insult to your intelligence,” he added.

Assemblyman Mike Reilly (R-Staten Island) called the move “heartless and cowardly” and said the city is “hiding behind attorneys and gaslighting families.”

City Councilwoman Rita Joseph, chair of the Committee on Education, said the city seems “intent on prioritizing bureaucracy” and called on Mayor Adams and the DOE to ensure the legally mandated services will be provided.

Officials plan to post an FAQ online to help parents decipher the waiver, Chalkbeat reported.

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