Int. No. 853
By Council Members Zhuang, Morano, Banks, Brooks-Powers and Dinowitz
A Local Law in relation to requiring a study on how language access needs, income, and geographic location affect access to special education programs and services
Be it enacted by the Council as follows:
Section 1. a. Definitions. For purposes of this local law, the following terms have the following meanings:
504 plan. The term “504 plan” has the same meaning as set forth in section 21-955 of the administrative code of the city of New York.
Access. The term “access” means the timely and equitable ability to obtain special education programs and related services.
Individualized education program. The term “individualized education program” has the same meaning as set forth in section 21-955 of the administrative code of the city of New York.
Language access needs. The term “language access needs” means the need for translation, interpretation, or other communication supports for families and students with limited English proficiency.
Office. The term “office” means the mayor’s office for people with disabilities established pursuant to executive order number 73, dated July 27, 2021, or any successor entity.
Special education programs and related services. The term “special education programs and related services” means evaluations, instruction, placements, transportation, accommodations, and any other educational program or service intended to meet the needs of a child with special educational needs.
Student. The term “student” has the same meaning as set forth in section 21-955 of the administrative code of the city of New York.
Student with special education needs. The term “student with special education needs” means a child who is eligible for, seeking, or may reasonably require special education programs and related services, including but not limited to students with individualized education plans and students with 504 plans.
b. Required study. The office, in consultation with the department of education, and with relevant community-based organizations as determined by the office, shall conduct a study examining the degree to which students with special education needs have access to special education programs and related services. The study shall focus on determining the extent to which language access needs, income, and geographic location within the city, including borough, council district, and school district, affect access to special education programs and related services.
c. Study components. Such study shall include, but need not be limited to, an examination of:
1. The availability, capacity, and geographic distribution of special education programs and related services;
2. Barriers to timely evaluation, eligibility determination, placement, and service delivery for special education programs and related services;
3. Disparities in access to special education programs and related services by borough, zip code, and community school district, including analysis of whether children residing outside of Manhattan or in zip codes with one or fewer subway stations within their boundaries face increased or unique obstacles;
4. Disparities in access to special education programs and related services based on language spoken at home, including an analysis of the availability of interpretation and translation;
5. Disparities in access to special education programs and related services based on family income and related economic barriers; and
6. Recommendations to expand equitable access, including strategies tailored to multilingual households, low-income households, and any geographically underserved areas that are identified. Such recommendations should include strategies, including policy, administrative, and operational reforms, to reduce identified disparities and improve access.
d. Reporting. No later than 6 months after the effective date of this local law, the office shall submit to the mayor and the speaker of the council, and post on the office’s website, a report providing the findings and recommendations described in subdivision c of this section.
§ 2. This local law takes effect immediately.
AC
LS #21885
4/9/2026 1:00 PM