The process of getting an Individualized Education Plan (IEP) can be complicated. But the IEP is only the first step in getting support for a child with learning challenges. Often, the more difficult challenge for parents is ensuring that the 504 Plan or IEP is properly and consistently implemented by the school. 

Parental dissatisfaction with the special education process is well documented. One national study found that nearly half of parents of children with IEPs reported a mismatch between the requirements of the IEP and the services that their child actually received. The situation is similar here in NYC. The City Comptroller’s Office found that nearly 40 percent of preschool children were not receiving all of the services listed in their IEPs. 

This article discusses some of the reasons why parents in traditional New York City public schools might be dissatisfied with the implementation of their child’s IEP. It also offers a list of IEP implementation warning signs that a school might be having issues fulfilling the IEP. Finally, it discusses how a therapeutic school in NYC might help. 

What NYPS Special Education Services Are Supposed to Look Like

The Individuals with Disabilities Education Act (IDEA) entitles every child to a “free and appropriate public education (FAPE).” An IEP is the way that children with special educational needs get a FAPE. The IEP outlines specific changes to the typical school day and classroom that allow the child to learn despite any learning challenges. 

The IEP is not optional. The United States Supreme Court and the Second Circuit, the federal appellate court that hears cases from New York City, have both confirmed that school districts are obligated to comply with the provisions of the IEP. A one-time failure or a failure to comply with a non-essential portion of the IEP is unlikely to qualify as a failure. However, a repeated failure to comply with essential provisions of the IEP is likely a violation of the IDEA. 

Special Education Service Gaps are Common in NYC Public Schools

Research shows that there are often serious gaps between the services required by IEPs and the services that NY public schools actually provide. For example, a study from the NYC Comptroller’s Office examining special education services during the 2021-22 academic year found that: 

• Nearly 20,000 K-12 students were not provided with appropriate IEP placements. 
• Fully 38% of preschool special education students were not provided with all the services listed in their IEPs. Of these, 1,600 students received no services at all.
• Nearly 14,000 IEP-related service recommendations (e.g., speech therapy, physical therapy) were not fulfilled. 

IEP implementation gaps happen for several reasons. One is inadequate oversight. There are nearly 1,600 schools in the NYPS system. The NY State Comptroller’s report on preschool special education services noted that only about 16% of these school districts are reviewed annually. This means that many schools are effectively operating without oversight.

Second, many NYC schools are understaffed. The State Comptroller noted that 93% of districts self-reported being understaffed. The Comptroller’s Office visits confirmed that 85% of these schools were indeed understaffed. Without adequate staffing, it is difficult for schools to offer IEP services. 

Third, the traditional school day is designed in a specific way. This somewhat rigid framework makes it difficult for teachers and others to integrate IEP services into the day. For example, assume a student’s IEP mandates counseling for emotional issues and speech therapy. Those services must be scheduled around core classes like reading and math, enrichment courses like music and physical education, and any regular or standardized tests. As such, even when services are provided, they aren’t always provided with the frequency or duration listed in the IEP.

Finally, IEPs are a team process involving special education staff, service providers, classroom teachers, and others. Because each one of these groups has a specific responsibility, they must communicate clearly. When they don’t, implementation issues are often the result.  

Warning Signs That There Are Issues with the Implementation of Your Child’s IEP 

Even the most involved parents can’t be in the classroom every day. While regular communication with your child’s teacher can help, certain issues should alert you to potential problems with the execution of the IEP. For instance, if you know that your child is supposed to meet with a speech therapist every Tuesday, but she never talks about these meetings in your afterschool conversations, you should ask why these sessions haven’t happened. Other potential warning signs include: 

• Sessions with special education providers are frequently canceled or rescheduled
• Individual services are provided in group settings
• Your child’s services are provided on an irregular, unpredictable basis
• The school doesn’t provide regular progress updates tied to IEP goals 
• Your child is not making progress toward the goals listed in their IEP 
• Your child’s teacher doesn’t seem to know about the specific modifications or accommodations listed in your student’s IEP 
• Your child is not receiving certain accommodations (e.g., extra time or separate rooms for tests) 
• There is no documentation of the services that are being provided to your child

Is a Therapeutic School the Answer for Your Family? 

The vast majority of traditional public schools and teachers are doing their best to educate their students. But the research clearly shows that, despite their best efforts, some children don’t receive the education they are entitled to under the IDEA. 

While this reality can be frustrating, there are options. Many of the IEP implementation issues in traditional public schools center on insufficient staffing, constraints of the school day, and inadequate communication. Therapeutic schools take a different approach. Unlike traditional schools, therapeutic schools are designed to have lower student-to-teacher ratios. Having fewer students to watch allows teachers to give each student individual attention. Also, compared to traditional classroom schedules, therapeutic schools intentionally design the school day to accommodate IEP supports both inside and outside of the classroom. Finally, because therapeutic schools are designed to support students, staff constantly communicate with one another to ensure that every team member is doing what they can to provide each student with the education they need. 

If your family is dissatisfied with the IEP process at your child’s current school and you’re looking for a therapeutic school in New York City, consider Academics West. Every part of our school and our school day is designed to help students take their own hero’s journey to success. To learn more about our school, call 212-580-0080 or use our online contact form to schedule a visit to our Upper West Side campus.