July 17, 2025 – A recent court ruling has implications for families of children with disabilities in New York City, just as the new school year approaches. Here’s what parents need to know about the Enhanced Rate Equitable Services (ERES) process, and whether appeals are expected.
The Decision: A New Change in Special Education Due Process
On July 11, 2025, New York Supreme Court Justice Amy E. Joyce issued a ruling in Agudath Israel of America v. New York State Board of Regents, rejecting a challenge to a 2024 emergency regulation that had barred families from using due process hearings to challenge provider service rates under IESPs (Individualized Education Services Programs).
While the emergency regulation had already expired in October 2024, the court’s ruling validated the NYC Department of Education’s shift away from the impartial hearing process and toward a newly created administrative route: the ERES Unit.