Parents must spend every July fighting the Department of Education on behalf of their children

Among the countless obstacles confronting the 486,418 New York City children with disabilities, gaining access to the classroom shouldn’t be one of them.

If there’s one issue that resonates with most NYC parents of children with special needs, it is the pressing need to overhaul the flawed system that hinders families in their quest for appropriate educational opportunities. Despite a federal law guaranteeing all U.S. children with disabilities the right to a free and suitable public education, the New York City school system continues to pose numerous obstacles that impede the realization of this protection.

It’s time for a change.

The process of applying to schools for children with special needs is mired in ongoing legal disputes between the Department of Education and parents, who face the annual burden of proving their child’s disability through lengthy hearings.

While July typically marks summer break for most parents, it carries a different significance for parents of children with special needs. Every July these parents are required to initiate a tolling process of litigation with the city, striving to prove that the public school setting is inadequate for their children — and they are required to repeat this process each year.

Only after winning these legal battles can families hope to secure a spot in a school that caters to their child’s specific needs. However, even after a successful outcome, families often endure years of waiting for reimbursement from the Department of Education to cover tuition expenses.

Recognizing this pressing issue, the Disability Opportunity Fund (DOF), a community development financial institution dedicated to providing financing and technical services to organizations supporting people with disabilities, has provided more than $6.5 million in debt financing to NYC schools in need of financial assistance.

We stand on the shoulders of my uncle, the late Dr. Burton Blatt, former dean of Syracuse University’s School of Education and a pioneering disability rights scholar, who 50 years ago fought for the passage of the federal Individuals with Disabilities Education Act (IDEA). We are driven by our passion to help these schools survive because without them, our children wouldn’t receive the proper education they require.

As we embark on transforming this flawed system, we must consider short, intermediate, and long-term solutions to address the problem at hand.

In the short term, we propose the establishment of a 0% “financing window” to allow private schools in New York City to borrow tuition bridge funds — temporary funding that helps the schools cover their costs until they get repaid — while awaiting settlement funds from the government.

Leveraging our expertise and pioneering these tuition bridge funds, we are ready, willing and able to administer $100 million of revolving loans which should initially be funded by the city and/or the state. This can be increased based on demand. To ensure fair access to financial assistance, each school will have a maximum limit of $2 million per year.

In the intermediate term, it is crucial to convene an independent, think-tank like committee, made up of experts, stakeholders, and representatives from both the public and private sectors. This committee will collaborate to develop practical solutions, utilizing technology, to tackle the backlog of cases and the obligations arising from various lawsuits. The goal is to expedite the resolution of disputes and prevent new cases from further burdening the system. By tapping diverse perspectives and knowledge, the committee can propose innovative approaches and strategies.

Longer term, a fundamental transformation in the educational system is imperative. The current litigation process is convoluted and ineffective, hindering the delivery of high-quality services mandated by federal law. To address this, we must devise effective solutions that eliminate the need for extensive litigation.

One significant reason for the existence of private schools catering to special needs students is the inadequacy of services in public schools. We propose a paradigm shift that involves public schools partnering with private schools and merging the services offered by private schools into the public school system. Engaging in discussions with teacher unions and other relevant organizations is crucial to breaking down the “Us versus Them” mentality and fostering collaboration for the benefit of all students.

Providing an educational pathway for children with disabilities requires immediate action and a steadfast commitment to systemic change. By implementing short-term financial assistance measures, convening a collaborative committee, and reimagining the education system, we can make substantial progress in providing equitable and inclusive education for all children with special needs.

The time has come to prioritize the well-being and future of these children, ensuring they have the opportunities they deserve to thrive and succeed upon graduation.

Hammerman is president and CEO of the Disability Opportunity Fund.