Skip to Content

  • AFC in the News
  • Due Process, Undue Delays: Families Trapped in NYC’s Decades-Long Special Ed Bottleneck

    Jun 7, 2023

    Eamonn Fitzmaurice/The 74

    The 74 Million | “The reality is that people have been waiting for years to get the orders to get the services their children need,” says Rebecca Shore, director of litigation at Advocates for Children. “It’s not an issue of resources being available. It’s an issue of kids getting the services they need.”

    Advocates and attorneys who represent special education families in New York City are quick to assert that the bottleneck — getting the DOE to comply with orders issued as the result of a single type of due process hearing — is a symptom of the much bigger problem.

    In 2003, Advocates for Children, a nonprofit that works on behalf of disadvantaged NYC children, filed a class-action lawsuit, L.V. v Department of Education, over the problems with the hearing officer system. The suit originally encompassed nine students and now includes the thousands who are essentially in the same predicament as Vincent.