(STATEN ISLAND, NY) - Today, Congresswoman Nicole Malliotakis was joined by a bipartisan group of local elected officials to call on the U.S. Department of Education to hold New York City accountable for violating federal law by failing to provide non-public school students with developmental disabilities the Individualized Education Services Program (IESP) accommodations they are entitled to under the 1975 Individuals with Disabilities Education Act (IDEA).

One of the most prominent cases involves a deaf fifth grade student whose listening device, which she had used all summer and which the city had already paid for, was taken away. Her mother, Marisa Jones, has been advocating for the city to immediately reinstate her daughter's accommodation, as without this device she struggles to hear and cannot participate fully in her education.

"It not only unconscionable that students across our city are being denied the accommodations they are legally entitled to, but it’s plain cruel to take away an already paid for listening device from a deaf 5th grade student. If another kid in the classroom were to walk up to her and snatch her device, you’d call it bullying, and that’s exactly what the City of New York, our own government, is doing," said Congresswoman Nicole Malliotakis. "The city needs to stop playing games with children’s education and immediately reinstate these essential accommodations that they are legally required to provide under both state and federal laws immediately to prevent further learning loss by disabled students."

“Without this [hearing device] my daughter can’t hear the teacher in the classroom she is effectively denied her right to an education.” said Marisa Jones, parent of a deaf student at St. Joseph Hill Academy. "It's been two months since she hasn't had these services, how do you make up for the regression? How do you make up for the lost time?"

“This year’s implementation of the IESP law is having an unjust impact on students with disabilities. The requirement to submit a written request by June 1st has caught many families off guard, as they were not properly informed. As a parent and a member of the Disabilities Committee, my priority is ensuring that these students have their necessary services reinstated. The financial burden on families to cover these essential services out of pocket is overwhelming, and we must ensure that every student receives the support they are entitled to.” said New York State Senator Jessica Scarcella-Spanton.

"We continue to receive numerous calls from private school parents regarding the DOE’s lack of concern or action taken regarding their children’s IEP’s (Individualized Educational Plans) and the services that are not being provided. This is unacceptable. These are mandated services that private school children, like public school children, are entitled to from the DOE. These children have been without their required services for almost two months. DOE needs to find the solution and provide the services needed to these children immediately. We support any and all efforts to get these students the services they need, and we thank Congresswoman Malliotakis for doing what she can to get it done." said Staten Island Borough President Vito Fossella.

"As we have been saying from the beginning of this entirely preventable situation, NYC Public Schools knows our students need and are entitled to these critical services, yet the City recklessly deprives them of these services. Now, they must reap what they have sown. I applaud Congresswoman Malliotakis' leadership and join her and my colleagues in calling on the U.S. Department of Education to hold New York City accountable for failing to provide our students with their legally prescribed IESP accommodations. They must be restored immediately." said Assemblyman Sam Pirozzolo.

“We once again demand that the City take action immediately to rectify this disastrous situation. The City has been in violation of federal law since the beginning of the school year, and they have not been held accountable for their actions. We are calling on the federal government to step in and ensure accountability for our students and families,” said Assemblyman Mike Tannousis.

“I cannot believe that we are almost two months into the school year and some of our most vulnerable students are still being denied mandated services by the City of New York despite our ongoing efforts to rectify this at a local level,” said Assemblyman Michael Reilly. “This is embarrassing for our city and today we are joining with Congresswoman Malliotakis to make sure that the bureaucrats responsible for this are held accountable.” 

“As we approach the third month of school and end of first marking period, children in need of valuable services are being denied because of an arbitrary date that has never been enforced before. I am once again calling on the DOE to rectify this situation immediately, so these students do not fall further behind in their development,” said Councilmember Joe Borelli.

"The decision by our local government to deliberately refuse to notify parents of the necessary paperwork for their IESP children is abhorrent. Students with special needs are refused access to services which are essential for their education simply because they are enrolled in private schools. This kind of decision making only reinforces the feelings of many parents who have already disengaged from our public school model due to previous breaches of trust. I expected better from the DOE, and I hope they will correct course and come into compliance with federal law.” said Councilmember David Carr.

Congresswoman Nicole Malliotakis and Congressman Ritchie Torres (NY-15) wrote to the U.S Department of Education requesting that it hold the city accountable for violating federal law by withholding Individualized Education Services Program (IESP) accommodations that children with disabilities are entitled to under the 1975 Individuals with Disabilities Education Act (IDEA). You can view the letter HERE.