Court Upholds New York’s Restrictive Special Education Rule: What Parents Need to Know for 2025-2026

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.

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What’s Going On With the NYC DOE Rebrand as NYC Public Schools?

If you’ve received documents from the NYC Department of Education recently, you may have noticed a new name: NYC Public Schools. But what does this mean?

Is NYC DOE Now Called NYC Public Schools?

It’s starting to look that way. The rebranding to NYC Public Schools appears to be rolling out slowly, and somewhat inconsistently. Although you might assume that a change like this would come with a public announcement, so far there’s been no official launch that we could find.

Instead, the transition has been subtle. For example, the official schools.nyc.gov website prominently displays the NYC Public Schools logo. However, the Department’s LinkedIn page still refers to itself as the NYC Department of Education (as of March 28, 2025), while their YouTube channel already uses the new NYC Public Schools branding.

When Did the New Logo Start Appearing?

While we don’t know the exact date of the change, we have found that the NYC Public Schools logo has been in use since at least May 2023 ahead of the 2023-2024 school year. Even earlier, in November 2022, X users shared screenshots of what appears to be the new logo in use.

Despite that, many DOE employees still use email signatures that say NYC Department of Education. This shows the rebranding is still very much in progress and not yet fully implemented across all teams and divisions within the Department.

Mismatch Leading to Confusion

This kind of inconsistent rollout can cause confusion. A good example is the Special Education Standard Operating Procedures Manual, which features the NYC Public Schools logo. However, throughout the text, the manual still refers to the NYC Department of Education. Interestingly, the latest version of the manual was updated recently, on February 24, 2025, indicating that the difference in branding is current and intentional, at least for now.

Why Make the Change Now?

There’s no public explanation from the Department yet, but we can make a guess. Most likely, “NYC Public Schools” is clearer than “Department of Education.”

It’s also worth noting that because of the timing of past use of the logo, this rebranding does not appear to be a response to President Trump’s recent executive order to dismantle the federal Department of Education. That said, this change to NYC Public Schools could help create some distance from the federal agency.

What Does This Mean for Parents?

For now, the main takeaway is that you’ll likely start to see the NYC Public Schools name and logo more frequently, like on official documents from Committees on Special Education, and communications from schools. However, don’t be surprised if some documents and staff still reference the NYC Department of Education.

We’ll continue monitoring these developments and will share updates as they become available. For now, keep an eye out for the new name and logo.

How to Secure Funding from the NYC DOE for an Independent Educational Evaluation (IEE)

If you’re a parent in New York City navigating the special education system, you may find yourself in need of an Independent Educational Evaluation (IEE) to ensure your child receives the services and support they need. The New York City Department of Education (NYC DOE) may be required to fund an independent evaluation under specific circumstances. Here’s a guide to help you understand the process and increase your chances of success.

What Is an IEE?

An Independent Educational Evaluation is defined under New York State regulation as “an individual evaluation of a student with a disability or a student thought to have a disability, conducted by a qualified examiner who is not employed by the public agency responsible for the education of the student” (8 NYCRR 200.1[z]; see 34 CFR 300.502[a][3][i]). These evaluations provide an independent assessment of your child’s needs, offering insights and recommendations that may not be addressed in the NYC DOE’s evaluation. The goal is to read the evaluation and have a comprehensive understanding of your child’s needs and what is required for them to make progress in the classroom.

Often, NYC DOE evaluations include statements like, “Final recommendations for services will be discussed and determined at the IEP meeting along with other reports and consultation with the student’s parents.” This leaves parents without comprehensive information to support their child, and unsure of what steps to take after the evaluation is complete. Additionally, the evaluators themselves are rarely present at IEP meetings. Instead, parents usually end up discussing the evaluation findings with a CSE representative who may not be familiar with their child.

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