Objective

To determine the extent of implementation of the five recommendations included in the initial audit report, Compliance With Special Education Regulations for the Provision of Services (Report 2018-N-5).

About the Program

In New York State, the Commissioner of Education (Regulations) has promulgated regulations regarding the education of children with disabilities (Regulations). Generally, the Regulations set standards for providing special education and related services designed to meet students’ unique needs and to prepare them for further education, employment, and independent living. They stipulate procedural requirements for the referral, evaluation, Individualized Education Program (IEP) development, and placement of students in special education.

The New York City Department of Education (DOE) – the nation’s largest school system – served approximately 900,000 students at its more than 1,500 elementary, middle, and high schools (excludes charter schools/students) and provided special education services to approximately 192,000 of these students in the 2021-22 school year. The DOE is responsible for evaluating students to determine their eligibility for special education services and for ensuring eligible students receive appropriate services. Toward this end, the DOE follows a multi-step evaluation and placement process. The provision of special education services – the focus of the initial audit report – includes both arranging for students’ placement and delivering those services. The Regulations require that DOE arrange for the placement of eligible students in special education services and programs within 60 school days of receipt of parental consent to evaluate. Any delay in services could adversely impact students’ educational growth.

The objective of our initial audit report, which was issued September 30, 2020, was to determine whether the DOE arranged special education services and programs for eligible students within the required time frames and provided students with all of the recommended special education services and programs outlined in their IEP. We also assessed the time frames for students to commence receiving services and programs. The audit scope covered the period of July 1, 2016 through January 21, 2020 and included all students who were initially referred for special education during school year 2016-17. Our audit found that DOE was not adequately managing this process as it did not track or calculate its compliance with the required time frame for arranging services, nor did it calculate or track other critical performance measures or take corrective actions.

Key Finding

DOE officials have made progress in addressing the issues identified in the initial report. Of the report’s five recommendations, three were partially implemented and two were not implemented.

Key Recommendation

Officials are given 30 days after the issuance of the follow-up to provide information on any actions that are planned to address the unresolved issues discussed in this report.