Your child was recently diagnosed with a learning issue. You’ve heard about the Individuals with Disabilities Education Act (IDEA). You know that the school has certain obligations under the law, but what exactly will they be required to do for your child? 

New York City and New York state laws require traditional public schools to take specific steps to help children who need extra academic support. Knowing what these services are can help parents and caregivers advocate for their students. 

This article helps parents and caregivers understand the special education process and laws in New York City and New York State. It discusses the academic, emotional, and other supports that these laws require. Finally, it explains how a therapeutic school in NYC can help families when traditional schools don’t fulfill their obligations or your expectations.  

How Special Education Services Work in New York City

It’s helpful to think of special education in NYC as a four-layered process.

First, the New York State Education Department creates the laws and regulations that govern the special education process. At times, these may differ from federal requirements. For instance, NYSED regulations reference class size limits while federal regulations do not. 

The second layer is the New York City Department of Education. This body handles the student evaluations for all IEP requests. The NYC DOE also controls the timelines for the special education process. 

The next level is the IEP team. This group, which is comprised of school officials and parents, determines whether a student has a qualifying disability under the IDEA. Then, they decide which modifications are necessary to provide the student with the free appropriate public education (FAPE) required by the IDEA. 

The final layer in the process is the school. The administrators, teachers, and staff have direct responsibility for ensuring that the modifications dictated by the IEP actually happen. 

Even though the IEP is legally binding, implementing it may look different in different schools. For example, assume that the IEP requires four weekly reading support sessions. In one school, these sessions might happen every day at the same time in the same place. Another school might schedule these sessions over four days, at different times and locations. Both have complied with the law. 

Types of Special Education Instruction Provided by Traditional New York City Public Schools

The IDEA requires that schools provide the required free and appropriate public education in the least restrictive environment. Here are the most common examples of special education instruction from the least to the most restrictive:

General Education with Accommodations  

Accommodations, such as extra time on tests, usually don’t require changes to student instruction. These are common when a student with a 504 Plan switches to an IEP or when the IEP team decides that accommodations are necessary.  

General Education with Special Education Teacher Support Services (SETTS)   

In this setting, a special education teacher gives a child individual instruction or support. This can be particularly useful for children with reading, writing, or executive functioning issues. The SETTS may happen through “push in” ( the teacher comes into the classroom) or “pull out” (the child and the teacher go to another room). 

Integrated Co-Teaching (ICT)

In ICT, the student and the teacher stay in the general education classroom. The main teacher and the special education teacher both teach. This could look like dividing the class into smaller groups, teaching the same lessons together, or, similar to “push-in” SETTS assistance, giving individualized help to specific students. 

Special Class Programs
Special classes are used when a student needs sustained support. These classes are usually comprised of students with disabilities. However, New York law requires that these classes have specific student-teacher ratios. For example, there can be a maximum of 15 students for every one special education teacher. 

Specialized Programs or Schools

The most restrictive educational setting in NYC is a specialized school, also called a District 75 Program. These schools are for children who need the highest levels of support. They are highly structured and provide highly individualized instruction. 

Related Services

In addition to academic instruction, an IEP might require a school to provide a student with services that are not related to academics. However, these non-academic supports can help students address emotional, behavioral, or other issues that can interfere with school. These supports might include: 

• Counseling 
• Occupational therapy
• Physical therapy 
• Speech-language therapy 

These services can be provided at any educational level. 

Special Education: Traditional New York City Public Schools vs. Therapeutic Schools 

Under the law, traditional public schools must comply with an IEP. However, research shows that over 40% of parents are dissatisfied with the implementation of their child’s IEP. Several characteristics of traditional schools can lead to this frustration, including: 

• ICT classrooms, even those with two teachers, can still have up to 30 students. 
• SETSS support is typically offered only on certain days of the week or times of day. 
• Even in smaller special class programs, the pacing and timing are still dictated by the school schedule. 
• Teachers often struggle to balance teaching students with widely varying skill levels in the same classroom. 

By contrast, therapeutic schools are equipped to address these issues. First, therapeutic schools are designed to have smaller class sizes. As such, teachers are better able to provide truly individualized instruction. Smaller classes also allow teachers to help students manage their emotional issues. 

Second, the teachers at therapeutic schools are trained to handle classes where students have many different strengths and weaknesses. Their counselors and support staff are also trained to help students. 

Finally, although the traditional school’s calendar and bell schedule dictate when and how related services can be offered, therapeutic schools have the power to make their own schedules. These schedules incorporate related services, such as counseling, into the school day. Even better, at therapeutic schools, the teachers and therapists collaborate and create plans for each student. 

Consider a Therapeutic School in New York City 

New York City offers parents a wide range of options for children with IEPs. While traditional schools do their best to comply with IEPs, they often find themselves trying to fit the students’ needs into the existing schedule. Therapeutic schools, on the other hand, create their schedules around the students. This approach helps students excel.

If you’re dissatisfied with how your child’s school is implementing their IEP and are considering a new school, consider Academics West. Our therapeutic school uses a wraparound approach to help each student achieve their true potential. You can learn more about us by watching our virtual tour video or visiting our Upper West Side campus. Call 212-580-0080 or use our booking tool to schedule your visit.