Objective

To determine the extent of implementation of the four recommendations included in our initial audit report, Compliance With Special Education Requirements – Evaluations (Report 2017-N-3).

About the Program

In New York State, the Regulations of the Commissioner of Education (Regulations) stipulate 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 evaluation component – the focus of the initial audit report – includes a referral from a parent/guardian or other interested stakeholder, parental consent to conduct the evaluation, a series of student assessments, and an IEP meeting, at which time an IEP is developed if the student is deemed eligible for special education services. The Regulations specify a 60-calendar-day time frame for completing evaluations. Any delay in conducting the evaluations may cause delay in provision of services, thus adversely impacting students’ educational growth.

The objective of our initial audit report, which was issued on May 16, 2019, was to determine if the DOE evaluated students for special education services within required time frames. The audit scope covered the period of July 1, 2016 through March 9, 2018, and included all students initially referred for evaluations during the school year ended June 30, 2017. Auditors determined that the DOE had difficulty meeting the 60-calendar-day time frame requirement for completing evaluations, resulting in potential delays in the provision of services for affected students.

Key Finding

DOE officials have made progress in addressing the issues identified in the initial report. Of the report’s four recommendations, three were partially implemented and one was 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.