NYC parents of special needs students say they were denied services by Department of Education

NYC denies students special education services after parents miss deadline

NEW YORK - For thousands of families in New York City, the new school year has started with concern. 

Last week, CBS News New York received a tip from a parent claiming students were being denied special education services by the city's Department of Education. It turned out to be true for non-public school students. 

Whether they're home schooled or in private or charter schools, state law has dictated for years the DOE must provide additional special education services, ranging from intensive programs like speech or behavioral therapy to extra help in reading and math. 

What has changed is the enforcement of a deadline. In past years, parents said they could apply for the services in August. This year, they are being denied and told they missed the June 1 deadline. But parents say they weren't warned about the deadline and that it was never enforced previously. 

"What would you say to these parents who are hopeful that their kids will get these services and not have to go a year without it, and not flounder throughout the year?" CBS News New York's Doug Williams asked NYC Schools Chancellor David Banks. 

"We don't want anybody to flounder. That's not the reason why we set this up. There's always been a deadline. It has been very loosely enforced for many years. We made a decision to enforce it," Banks said. 

Banks went on to say the DOE is concerned about fraud, and that organizations claim to represent certain families in order to get vouchers, while the families have no idea they are being represented by those organizations, Williams reported. 

"I do think there's an element of 'gotcha' here," said Rebecca Shore of Advocates for Children. "The parents that we've been speaking with, they can't afford to pay for these services. So what happens to the students for the next year really remains to be seen."

Parents say they're scrambling

Patricia Piedra's son is homeschooled.   

"My fear, honestly, is just him. Him suffering. Him not getting everything he needs especially because he's in fifth grade," Piedra said. "If we don't get this going, he's going to be delayed. I'm doing the best I can to help him. But I do need those providers to assist me, because they're special education." 

Alexis Petruzzelli says her two kids are in need of services beyond what their Catholic school on Staten Island provides. She said their first day had a dark cloud over it. 

"You can't decide one year, 'Oh, you know what? I think we're gonna enforce that rule this year,' and then be shocked when we're shocked," Petruzzelli said. "Those were the options that were given to me. It was basically 'Hey, sorry, you're out of luck for this year, but we could find you a seat in public school.'"

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