Special Ed Students' Rights Violated At NYC Charters: Report

A nonprofit has asked the state to step in and stop what they are calling a pattern of civil rights violations for special education students at the city's largest charter school network. The formal complaint -- filed this week against Success Academy Charter Schools and the New York City Department of Education -- specifically names schools in Fort Greene, East Harlem, the Bronx and the Upper West Side.

The 36-page document was submitted by Advocates for Children of New York and a law firm who say they are acting on behalf of at least a dozen parents of special education students who have had problems at the schools.

It claims that Success Academy staff changed special education placements of students without following procedures required by law and, in some cases, refused to comply with administrative hearing orders when parents tried to fight the changes.

"As the examples described in the complaint demonstrate, students have lost months and in some instances nearly entire school years of grade-level instruction because of the respondents' refusal to implement important protections in the (Individuals with Disabilities Education Act) and New York Education Law, all done at the direction and with the support of Success Academy," the attorneys write.

Federal and state law requires that school districts, including charter schools, hold what's called an "Individualized Education Program" meeting before changing a student's special education placement. But Success Academy, the complaint alleges, has "demonstrated a practice" of making these changes without the required meeting.

The complaint goes on to claim that the city's education officials have failed to correct Success Academy's violations.

Success Academy's practices described in the complaint are in fact contrary to the city's education policies, Department of Education spokesman Will Mantell said Friday. He added that the department will review the complaint.

"The IEP process is the right way for students with disabilities to receive the services they need, and empowers families to advocate for their children," he said.

Success Academy did not immediately respond to a request for comment.

The complaint outlines five specific cases -- two in East Harlem and one at each of the Fort Greene, Upper West Side and Bronx schools -- where Success Academy unilaterally changed a student's placement without notifying the parents or following proper procedure.

And in at least two, the complaint said, the schools didn't follow a requirement to reverse the change during the time it took for parents to fight it, through hearings and complaints.

These five cases, though, are not "isolated," the complaint said. The nonprofit said it has gotten nine additional calls to its tippling since August 2017 from families describing similar issues.

It seems, the complaint alleges, that Success Academy officials believe the schools are exempt from the requirements they have violated, which the nonprofit and its attorneys say is far from the case.

"The law provides charter schools with significant flexibility in how they operate, but upholding the rights of students with disabilities is not optional," said attorney Caitlin Griffin.

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