PUBLIC TESTIMONY
Testimony by Tova Wacholder, Representing Yeruchim Silber of Agudath Israel of America
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Tova Wacholder, representing Agudath Israel of America, testified about the discrepancies between the Department of Education's reported statistics and the experiences of parents and children in the non-public school community, particularly in relation to special education services. She highlighted issues with the provision of mandated services, delays in approvals, and challenges with due process for private school students.
- Criticized the DOE's handling of June 1st letters, which resulted in students losing services
- Discussed the DOE's attempts to dismiss due process claims from private school parents
- Mentioned a lawsuit filed by Agudath Israel against the Board of Regents' attempt to prevent parents from filing for due process
Tova Wacholder
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Thank you, chair Joseph.
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My name is Tova Wachholder.
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I'm here standing in for Yiruchan Silver, who had to leave.
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I represent Agoneth Israel of America.
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For over 60 years, our organization has been at the forefront advocating for the non public school community, specifically for yeshivas and day schools in the Orthodox Jewish community.
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We were also among the first organizations to advocate
Althea Stevens
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specifically for the inclusion of children
Tova Wacholder
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with special education needs and to support the private school students.
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Today, we heard much testimony from the Department of Education with numbers like 90% of mandates filled, 90% of payments on time, and other similar numbers.
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There's a huge discrepancy between what the DOE is testifying and what parents and children are experiencing.
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We all know that on receiving an I IESP, services are required to be provided by the local district.
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However, New York City has failed to meet his obligation to provide services directly, and parents then file a due process complaint with an independent hearing officer to obtain entitled services on the open market and pursue reimbursement.
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Consequently, SEDS authorizations and related services are not promptly approved.
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It can take months to get approval, resulting in students losing months of crucial education.
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This year, New York City Department of Education didn't process June 1st letters that were properly submitted by their own definition of of proper, resulting in students losing services.
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Parents received letters threatening that their children will not receive services this year.
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The New York City DOE created a list of new requirements that would make a June 1st letter acceptable and didn't inform parents, schools, or communities in advance.
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The new requirements were publicized when it was too late to fix them.
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When a parent goes to an impartial hearing after not receiving the services that they are mandated, the New York City Department of Education submits a motion to dismiss, which states that private school parents have no right to due process implementation.
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This is patently false.
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Although the board of regents did attempt to prevent parents for filing for due process, our organization filed a lawsuit, and the judge granted a temporary restraining order, a TRO.
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I will conclude with what the attorneys for New York state wrote in their response to our lawsuit.
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They said, the state the state explained, its exasperated oversight is explained by over 4 years of efforts to address New York City's long standing noncompliance with IDEA and the subject of numerous ongoing class action lawsuits.
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We are ready to work with the DOE and the city council to find any solutions that can help every child get the help they need.
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Thank you.