As the 2022-23 school year is underway, New York City Public Advocate Jumaane D. Williams highlighted the ways in which city schools are failing to meet the needs of disabled students, including legal requirements under the Americans with Disabilities Act. At a hearing of the Committee on Education Wednesday, he discussed the consequences of both inadequate services and inaccessible infrastructure for students, and pushed for passage of his legislation to require the Department of Education to report annually on the degree to which indoor and outdoor school facilities comply with the Americans with Disabilities Act.
"The accessibility of our school buildings is embarrassingly lacking," said Public Advocate Williams, who himself went through public school with a disability, during the hearing. "For disabled students, picking a high school means not only considering their choices based on academics and their interests, but finding out whether they can fit into bathroom stalls, use water fountains, if they have access to an elevator, or whether the school can provide the services mandated by their IEPs. With their options drastically limited, it is no surprise that only 58 percent of students with disabilities graduated from high school last year, compared to 81 percent citywide."
He also highlighted insufficiencies in transportation to schools as well as remote options during the height of the pandemic, and demonstrated that the reporting required by his legislation would be an invaluable tool, saying "This information is critical for students with disabilities and their families when deciding which school to attend, and provides us with additional data to target needed accessibility upgrades in our school system."
The Public Advocate’s full statement to the committee is below.
STATEMENT OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS
TO THE NEW YORK CITY COUNCIL COMMITTEE ON EDUCATION
SEPTEMBER 21, 2022
Good afternoon,
My name is Jumaane D. Williams, and I am the Public Advocate for the City of New York. I would like to thank Chair Joseph and the members of the Committee on Education for holding this hearing.
In the 2021-2022 school year, 20.6 percent of New York City’s more than one million students had a disability. Despite being legally mandated to provide disabled students with the services they required, even before the COVID-19 pandemic, the Department of Education (DOE) did not meet mandated accessible education requirements. The pandemic has made it even more difficult for disabled students to get the support that they need, especially for students of color and those who live in low-income communities.
The Americans with Disabilities Act (ADA) prohibits discrimination based on disabilty status. In schools, compliance with the ADA includes permitting accommodations including accessible education services, transportation to and from school, additional services to address a student’s Individualized Education Program (IEP), extra time between classes, and modifying testing, as well as physical changes to buildings, including grab bars in bathrooms, installing ramps and elevators, and widening doorways.
The accessibility of our school buildings is embarrassingly lacking. While students without disabilities can attend their local zoned schools or another school of their choice, students with disabilities often must choose their school based on whether they can physically navigate the building. For disabled students, picking a high school means not only considering their choices based on academics and their interests, but finding out whether they can fit into bathroom stalls, use water fountains, if they have access to an elevator, or whether the school can provide the services mandated by their IEPs. With their options drastically limited, it is no surprise that only 58 percent of students with disabilities graduated from high school last year, compared to 81 percent citywide.
According to the School Construction Authority, 73 percent of DOE schools are accessible. However, this includes not only schools that are fully accessible, but also those that are “partially” accessible. A partially accessible school is not accessible if a student cannot fit their wheelchair through classroom doors or fit into the bathroom stalls. Likewise, a school may be classified as fully accessible for those with mobility disabilities, but unable to accommodate a student who requires accessible education services due to, for example, a lack of qualified staff.
The DOE must also address and resolve the transportation issues that have students missing school because their seat on a bus is not confirmed or their travel companion has not been assigned. I know there are parents who have missed work to stay home with the student or have used their grocery money to pay for a cab to take the child to school. No family should have to pay out of pocket for their child to get to school simply because their child has a disability.
For these reasons, I have introduced Intro 0582-2022, which would require the DOE to report annually on the degree to which indoor and outdoor school facilities comply with the Americans with Disabilities Act. This bill would also make public the contact information for each school’s ADA coordinator, the protocol for requesting an accommodation, and information regarding the extent to which zoned schools have the capacity to accommodate students and employees with disabilities. This information is critical for students with disabilities and their families when deciding which school to attend, and provides us with additional data to target needed accessibility upgrades in our school system.
The education disruption of the pandemic and remote learning has been hard on all of our students, but especially those with disabilities. We must be doing everything we can to ensure that disabled students are provided with equitable, high-quality education with all of the supports they need to succeed and thrive. I look forward to working with the Committee on Education and the City Council to achieve this goal.
Thank you.
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