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Paige, a bright third grade student on the autism spectrum, sat at home for nearly two months waiting for a school placement that would meet her needs. 

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01.30.2020 | Today, Advocates for Children of New York (AFC) released a new report, Waiting for a Seat: The Shortage of Preschool Special Education Class Seats in New York City, showing a projected shortfall of between 1,028 and 1,932 preschool special education class seats for three- and four-year-old children with disabilities in New York City this spring.  This number does not include the projected need for hundreds of additional bilingual preschool special education class seats, which are calculated separately.

While many preschoolers with disabilities receive services in general education pre-K classes, children with more significant needs have a legal right to a seat in a preschool special education class with a certified special education teacher and a smaller student-to-staff ratio.  However, after years of under-investment by the State in preschool special education programs, New York is falling far short of providing all children with the classes they need.  In fact, 22 of the City’s 32 school districts have a shortage of preschool special education classes for the spring.  The need is particularly acute in the Bronx, with a projected need of at least 450 and up to as many as 798 seats in monolingual English classes, as well as additional seats in bilingual Spanish classes.

“We have heard from parents desperate for their preschoolers to get the help they need to learn to talk and walk, but who have been sitting at home for months waiting for a seat in a class,” said Kim Sweet, Executive Director of AFC.  “Unless government leaders take immediate action, hundreds of children with autism and other disabilities will miss out on their mandated services this spring in violation of their civil rights, and we will squander this opportunity to provide support at the point in a child’s development when it is likely to be most effective.”

Over the past two years, the DOE has opened more than 1,000 additional preschool special class seats in an effort to address the shortage.  However, community-based organizations (CBOs), which run the majority of preschool special education classes, are struggling to keep their doors open and run high-quality programs as a result of the insufficient payment rate set by the State.  In particular, the rate makes it difficult to recruit and retain certified teachers who could earn far higher salaries at public schools and other early childhood education programs.

Prior to the 2015-2016 school year, the State did not provide any increase in reimbursement rates for preschool special classes for six years, keeping the rate stagnant with no cost of living adjustments.  Since that time, the State has approved only a two percent increase each year —far less than the rate increase recommended by the New York State Education Department, New York State Assembly, New York State Senate, advocates, and providers to address the shortage of programs and help ensure there is a seat for every child who needs one.  In recent years, more than 60 preschool special education programs have closed around the State—many of them citing inadequate rates.

The budget proposal released this month by Governor Cuomo does not include any initiatives to help address this crisis.

"By the time Aiden got a seat, the teachers and therapists had to do double the work just to get him back up to speed,” said Janira Batista, a parent whose child had to wait eight months for a seat in a preschool special education class.  “Now that Aiden has spent time in his class, he interacts more with other children, he follows directions better, and he speaks in full sentences.  But no child should have to wait so long to get the help they need.”

“Every day that young children with disabilities sit on a waitlist instead of in class is a missed opportunity to intervene and prepare them for kindergarten,” said Randi Levine, AFC’s Policy Director.  “Governor Cuomo and Mayor de Blasio have been leaders in expanding early childhood education, and they must extend this commitment to preschoolers with disabilities this year.”

The report recommends that the State and the City take the following steps:

  1. New York State must increase the payment rate for preschool special classes by ten percent this year to help provide programs with the resources they need to recruit and retain teachers and run high-quality programs.  A rate increase is necessary to make up for under-investment in prior years and to prevent more CBOs from closing their preschool special classes and encourage them to open new classes to meet the outstanding need.

  2. New York City must ensure there is a preschool special class seat available for every child who needs one by opening new DOE classes or facilitating the opening of new classes at CBOs.  While the State needs to increase the payment rate for these classes, the City still has a legal obligation to provide a preschool special class seat for every child who needs one.  As such, the City must take steps to support the CBOs that the DOE is relying upon to provide preschool special classes including by extending the recently announced salary raises for early childhood education teachers to preschool special class teachers at CBOs.


View the press release
[PDF]
Read the report [PDF]

01.16.2020 | Today, Kim Sweet, Executive Director of Advocates for Children of New York (AFC), issued the following statement in response to the New York State Education Department (NYSED)’s release of high school graduation rates for the 2015 cohort: 

While we are pleased that graduation rates continue to trend in the right direction, the data released today illustrate troubling and persistent opportunity gaps across New York State. The drop-out rate for English Language Learners (ELLs) is more than four times the Statewide average: 27% of New York State’s ELLs—as well as more than one in four ELLs in New York City—leave high school without earning a diploma, compared to 6% of students overall. The Statewide drop-out rates for students experiencing homelessness (17%) and students in foster care (18%) are similarly disconcerting, while four-year graduation rates for students with disabilities trail those of their general education peers by more than 25 percentage points Statewide and by a full 30 percentage points in New York City. 

As the State reexamines graduation requirements over the next two years, it will be critical that the Board of Regents and NYSED keep these opportunity gaps a central focus. The increase in the number of students graduating via alternative pathways to a diploma—an increase largely attributable to greater use of the Career Development and Occupational Studies (CDOS) Credential and the Language Other than English (LOTE) pathway—suggests there is a hunger for multiple, accessible pathways that allow students to demonstrate their skills, knowledge, and readiness for life after high school without being forced to pass multiple high-stakes exit exams.

View the press release as a PDF

01.14.2020 | AFC testified before the City Council Committee on Youth Services about access to after-school programming for students with disabilities, students in temporary housing and students in foster care and legislation related to universal after-school programming. 

Read AFC's testimony [PDF]

Early Inequities report cover12.05.2019 | Today, Advocates for Children of New York published a new report in partnership with Citizens’ Committee for Children of New York (CCC) entitled Early Inequities: How Underfunding Early Intervention Leaves Low-Income Children of Color Behind [PDF], which shows that State disinvestment in New York’s Early Intervention program has caused major racial and socio-economic disparities in access to services.

The analysis is based on data from the New York City Department of Health and Mental Hygiene obtained through a Freedom of Information Law (FOIL) request. The data track children’s progress through the Early Intervention program—from referral, to evaluation, to eligibility determination, to service receipt—disaggregated by race and neighborhood from 2016-2018. As this report demonstrates, the data show that children under the age of three with developmental delays or disabilities are less likely to receive critical services that could help them reach their full potential if they live in low-income neighborhoods of color.

In 2018, one out of every four children found eligible for Early Intervention services in New York State had to wait longer than the 30-day legal deadline for services, losing valuable opportunities to address developmental delays at a time when their brains are rapidly developing. Access to Early Intervention evaluations and services also varies widely across communities in New York City. In the Bronx, for instance, only 61% of children found eligible for services received them by the 30-day legal deadline—less than in any other borough. Overall, children in low-income communities of color are the least likely to receive the Early Intervention evaluations for which they are referred and the Early Intervention services for which they are found eligible. For example, the neighborhoods where children referred for Early Intervention evaluations due to concerns with their development were least likely to receive evaluations were Hunts Point-Mott Haven, Crotona-Tremont, Central Harlem-Morningside Heights, High Bridge-Morisania, and East Harlem.

The report makes a number of recommendations to New York City and New York State in order to increase access to Early Intervention services.

In order to increase children’s access to services, the report recommends that New York State should:

  1. Increase rates for Early Intervention evaluators, service providers and service coordinators by 10% to help address provider shortages.
  2. Fund a cost-study to assess and recommend changes to the methodology used to determine payment for evaluations, service provision, and service coordination.
  3. Adopt policies to ensure that commercial health insurance companies pay their fair share to help cover the cost of services.
  4. Conduct a statewide analysis of disparities in access to evaluations and services and develop a plan to address such disparities.

The report recommends that New York City should:

  1. Enact Intro. 1406-2019, requiring the city to issue annual public reports on the provision of evaluations and services so the public can hold the city and state accountable.
  2. Analyze the disparities and develop a plan to address them, including plans to recruit evaluators and providers for underserved neighborhoods, train service coordinators and providers in culturally responsive practices, and follow up with families whose children have not received evaluations or services.

View the press release [PDF
Read the report [PDF]

10.28.2019 | Today, the New York State Technical and Education Assistance Center for Homeless Students (NYS-TEACHS), a project of Advocates for Children of New York (AFC), posted new data showing that the number of students in New York City identified as homeless during the 2018-2019 school year remained stubbornly high, topping 100,000 for the fourth consecutive year.

The data, which come from the New York State Education Department, show that in the 2018-2019 school year, New York City district and charter schools identified 114,085, or one in ten, students as homeless.  More than 34,000 students were living in New York City’s shelters, and more than twice that number (73,750) were living ‘doubled-up’ in temporary housing situations with relatives, friends, or others.

The number of NYC students identified as homeless has steadily increased by more than 70% over the last decade, despite this year’s scant decrease of half a percentage point from the 2017-2018 school year.  Overall, New York State schools identified 148,554 students as homeless during the 2018-2019 school year.

“This problem is immense.  The number of New York City students who experienced homelessness last year—85% of whom are Black or Hispanic—could fill the Barclays Center six times,” said Kim Sweet, AFC’s Executive Director. "The City won’t be able to break the cycle of homelessness until we address the dismal educational outcomes for students who are homeless.”

For these students, homelessness and educational outcomes are closely tied; fewer than a third of New York City students who are homeless are reading proficiently, rates that are 20 percentage points lower than their permanently housed peers.  Only 57 percent of all NYC students who are homeless graduate from high school. And, for NYC students living in shelters, the outcomes are even more stark—fewer than half graduate from high school.  National research from Chapin Hall’s Voice of Youth Count has shown that the lack of a high school diploma is the single greatest risk factor for homelessness among young adults, putting youth without a diploma at 4.5 times the risk of experiencing homelessness as adults compared to their peers who completed high school. 

Over the past few years, the City has taken some positive steps to directly support students who are homeless, including appointing new leaders to support this population, placing 100 “Bridging the Gap” social workers and more than 100 community coordinators in schools with high numbers of students who are homeless, offering yellow bus service to kindergarten through sixth grade students living in shelter, increasing pre-K enrollment among children living in shelter, and providing after-school reading programs at certain shelters.  

Still, nearly half of families entering shelter are placed in a different borough from where their youngest child attends school, and nearly two thirds of students living in shelter are chronically absent, helping to explain the poor educational outcomes.  

“We are heartened by the supports the City has added for students who are homeless, but now the harder work begins,” Sweet said. “With new leadership and school staff in place, the City must begin turning around educational outcomes for students who are homeless, starting with making sure students get to school every day.”

Download the complete data
View news release as a PDF 

09.27.2019 | AFC joined 25 child welfare and education organizations in sending a letter to Mayor de Blasio calling on the City to abide by federal and state law and honor its commitment to guarantee bus service or a comparable mode of transportation to kindergarten through sixth-grade students in foster care.  When students are placed in foster care, school can be an important source of stability.  However, students often have to change schools upon their initial placement in foster care in New York City because they have no way to get to their original schools.  Although the adopted city budget states that the Administration agreed to ensure bus service for students in foster care, the Department of Education is continuing to deny requests for bus service.

View letter as a PDF

09.24.2019 | AFC, on behalf of the Coalition for Multiple Pathways to a Diploma, testified before the City Council Committee on Education on high-stakes tests and the need for more ways to determine that students have mastered high school graduation standards. The State’s current graduation requirements create a barrier to post-secondary opportunity for students who are otherwise ready to graduate and move on to the next phase of their lives.

Read AFC's testimony [PDF]

08.19.2019 | The first day of school is Thursday, September 5! In preparation, we've updated our start-of-school question & answer fact sheet [PDF] for families of students with disabilities. The fact sheet (also available in Spanish [PDF]) covers common problems families face at the beginning of a new school year, from services not being in place to the school bus arriving late. 

Other AFC resources that may be helpful this time of year:

Please visit our resource library for many more guides and resources. If you have questions or need assistance, call AFC's Jill Chaifetz Education Helpline at (866) 427-6033, Monday—Thursday, 10am—4pm, to speak with an education specialist.

08.15.2019 | Every student in New York City has the right to attend public school, regardless of immigration status. Following recent immigration-related activities by the federal government, the New York City Department of Education (DOE) issued a letter [PDF] and flyer [PDF] to families reiterating this commitment. Both documents are available online in Arabic, Bengali, Chinese, French, Haitian Creole, Korean, Russian, Spanish, and Urdu. The DOE has also provided additional guidance [PDF] for principals on responding to any requests from Immigration and Customs Enforcement (ICE) for access to schools or student records. 

Families and school staff should know that: 

  • School staff cannot ask students or parents about immigration status. Even if a student or his/her parents are undocumented, the student still has the right to receive all school services, including special education supports and services. 
     
  • ICE officers are not permitted to enter schools, except when absolutely required by law (they must have a warrant signed by a judge in all but rare emergency circumstances). If an ICE officer goes to a school for immigration enforcement purposes, he/she must wait outside of the building while the principal consults with DOE lawyers. The full protocol is available in 10 languages on the DOE's website.
     
  • The DOE will not release information from student records to immigration officers unless absolutely required by law. Undocumented parents and students have all the same rights under the Family Educational Rights and Privacy Act (FERPA) as do other families. 
     
  • Families should update school records (the "Blue Card") to ensure that there is up-to-date contact information on file for trusted adults who can pick up a child from school, in the event that the primary parent/guardian is detained or deported.
     

It also is important to note that federal policy [PDF] currently limits immigration enforcement actions at sensitive locations, which include schools, hospitals, and places of worship.

A Q&A for families and links to additional resources are available on the DOE's website

Additional Resources

State Guidance
In 2017, New York State Attorney General Eric Schneiderman and State Education Commissioner MaryEllen Elia released new guidance reminding school districts of their duty to uphold the rights of immigrant students as well as guidance on combatting harassment and discrimination. These documents have been translated into 20 languages (Arabic, Bengali, Burmese, Chinese, French, Fulani, Haitian Creole, Japanese, Karen, Khmer, Nepali, Portuguese, Punjabi, Russian, Somali, Spanish, Urdu, Uzbek, Vietnamese, and Wolof). 

AFC Publications

  • AFC’s Know Your Rights guidebook provides information on the rights of immigrant students and families in the New York City public schools; it’s available in Arabic, Bengali, Chinese, English, French, Haitian Creole, Korean, Russian, Spanish, and Urdu [PDF]. See pages 20-21 of the guide for a list of organizations which provide free or low-cost immigration assistance. 
     
  • Advocates for Children also has a fact sheet on bullying, harassment, and discrimination based on race, national origin, immigration status, or religion. The fact sheet, which explains DOE policy and what parents can do if their children experience bullying or discrimination, is available in ArabicBengaliChineseEnglishFrenchHaitian CreoleRussianSpanish, and Urdu [PDF].

  • In May 2017, Advocates for Children, the Education Trust–New York, the New York Immigration Coalition, and the Committee for Hispanic Children and Families released a policy report, Safe Havens: Protecting and Supporting New York State’s Immigrant Students, which provides a roadmap for steps that New York State and district leaders should take to ensure that immigrant students and their families feel safe and supported by public schools.

Other Immigration-Related Resources

  • ActionNYC is a partnership between the Mayor's Office of Immigrant Affairs and the City University of New York that offers free, safe immigration legal help. To make an appointment, call (800) 354-0365, Monday through Friday, 9am to 6pm, or call 311 and say "ActionNYC."  The New York City Council also has a webpage with resources for the City’s immigrant communities.

  • The Legal Aid Society has two fact sheets with information on advance planning in case of parental detention, deportation, or other immigration-related emergency. These fact sheets are available in Arabic, Bengali, Chinese, English, Farsi, French, Haitian Creole, Hindi, Korean, Portuguese, Punjabi, Russian, Spanish, and Urdu. They also run an Immigration Hotline that families can call for assistance: (844) 955-3425, Monday through Thursday, 8am to 8pm.

  • Long Island Wins provides an explanation of how a non-citizen parent can designate a close relative or friend to make school and limited health care decisions for their children (called "Designation of a Person in Parental Relation").

  • The New York Immigration Coalition has compiled a list of resources for educators and school staff on supporting undocumented students and families, a Know Your Rights Community Toolkit (available in multiple languages), and a searchable directory of legal service providers.

  • In 2017, the Leadership Conference on Civil and Human Rights, the National Immigration Law Center, MALDEF, and the national teachers' unions presented a webinar on the educational rights of immigrant children in the United States. The slide deck, which includes links to additional resources, is available in both English [PDF] and Spanish [PDF].

07.30.2019 | Today, Advocates for Children and the New York Civil Liberties Union (NYCLU) jointly submitted comments to the New York City Department of Education on proposed changes to the New York City Discipline Code for the 2019-2020 school year. Read our comments [PDF]