Education

ACS Education Unit

The ACS Education Unit assists child welfare professionals in their efforts to provide personalized and holistic education-related supports to children and families at all levels of involvement with the child welfare system (including general services to prevent system involvement). Responsibilities include supporting collaboration and partnerships between provider agencies and schools; as well as education-related case consultation, policy guidance, trainings, and data support. Children may be attending educational settings such as early childhood programs, elementary and secondary schools, charter schools, and special education placements.

Whether a child is entering school for the first time, transitioning to a new grade level, or needs additional educational support, the unit provides guidance and connections so caregivers, staff, and young people can make informed decisions. Please reach out to Education.Unit@acs.nyc.gov for a consultation.

General information and resources on common education questions are provided below.

Early Childhood Education

New York City Public Schools offers free 3-K and Pre-K programs for children who are 3 and 4 years old. These programs include classrooms located inside NYCPS buildings as well as with community-based partners, ensuring a wide range of options are accessible across the five boroughs. Parents and caregivers can visit the NYCPS webpage to explore individual programs, submit applications, and learn about program details.

Apply or learn more about NYC’s free 3-K & Pre-K programs.

Elementary School

Children who are 5 years old are eligible to attend kindergarten, and every 5 year-old is guaranteed a seat. However, it’s important to note that in New York City, school attendance is not compulsory until the child turns 6 years old.

Children must begin attending school full-time in September of the year they turn 6. Families can choose to enroll their child directly in a zoned school (as determined by a child’s home address). Find a zoned school by entering the home address of the child in the school search tool Find a School - New York City Department of Education or by calling 311. More information on enrollment in Kindergarten can be found here: Elementary School Enrollment

Parents also have the option to enroll their child into a charter school, non-zoned school, or apply for a Gifted and Talented (G&T) program. They can contact a Family Welcome Center for assistance.

Family Welcome Centers (FWCs) are NYCPS sites throughout the five boroughs that serve New York City families year-round assisting with applications, enrollment and transfers by appointment.

What do children learn?

For information on what children learn in different grades, from Kindergarten through 5th grade, use the following link: Elementary School Learning

Will meals be provided?

New York City Public Schools offers free breakfast, lunch and afterschool meals to all NYC public school students during the school year.

Is transportation provided?

Transportation eligibility is based on a student’s grade level, distance between home and school, and existing accommodations based on a medical condition, housing status, or safety assessment.

What if a child needs special accommodations?

Special Education includes programs, services, and specially designed instruction to meet the individual needs of a student with a disability. Students with disabilities who require special education services have Individualized Education Programs (IEPs). The IEP is created by a team that includes the family. Parents can reach out to their child’s school or the Committee on Special Education (if not enrolled or enrolled in a private/charter school) for assistance with special education services. Special Education

Middle School

New York City students entering middle school can explore and apply to schools of interest through MySchools. While applying to a specific school is optional, students are encouraged to do so if they are interested in a high-performing school or one that aligns with their academic or personal interests. The application period typically closes in December, with admissions decisions released around spring of each year.

Families who prefer not to apply can always choose their local zoned middle school, which does not require an application and guarantees a seat.

Students in foster care are especially encouraged to connect with a Fair Futures coach, who can help guide them through the application process, explore school options, and advocate for their educational needs.

High school

New York City students entering 9th grade have several pathways to choose from when selecting a high school. Students can:

• Use the MySchools app to explore and apply to public high schools citywide
• Attend their zoned or local high school
• Consider other options such as charter, parochial, or private schools

To earn a New York City high school diploma, students must complete 44 credits. NYC also offers multiple pathways to graduation, allowing students to tailor their high school experience based on their interests, strengths, and goals. Some schools provide alternative or flexible learning environments, including virtual programs such as School Without Walls.

Students in foster care are encouraged to participate in Fair Futures, a program that provides one on one coaching to help them navigate high school, plan for graduation, and explore post-secondary opportunities. Coaches offer ongoing support, guidance, and advocacy to help students succeed.

Special Education

Early Intervention

The NYC DOHMH Early Intervention Program supports children from birth to three years old who are experiencing developmental delays, helping them achieve meaningful developmental milestones through family-centered, no-cost services. All children under 3 years old in foster care or in a family unit that has an indicated ACS case require a referral to Development Monitoring. Referrals can be made by calling 877-885-KIDZ (877-885-5439). Learn more here: Advocates for Children Early Intervention Guide.

Special Education — General Overview

Preschool and school-age children may receive special education services through the Committee on Preschool Special Education (CPSE) or the Committee on Special Education (CSE). Families begin by submitting a written referral requesting an evaluation and outlining developmental or academic concerns. After referral, parents receive evaluation site options and schedule assessments, which must be completed within required timelines. Once evaluations are finished, an IEP meeting is held to review results, determine eligibility, and develop an Individualized Education Program (IEP) tailored to the child’s needs.

Throughout this process, consent is required from the individual legally authorized to make educational decisions; typically a parent, legal guardian, authorized foster parent, or surrogate parent if no other qualified adult is available. ACS and foster care agencies support by coordinating evaluations, confirming who holds decision-making rights, providing documentation, and ensuring children receive appropriate services and placements. Families and caregivers play a key role in collaborating with schools to secure the most suitable educational supports for each child.

When reviewing a student’s IEP, check to see if the school has been providing the learning environment and support services recommended for the child. Review the IEP for potential “red flags.” If you know or believe a child has an intellectual or developmental disability, you can reach out to the ACS Developmental Disabilities Unit for support or technical assistance at DDUnit@acs.nyc.gov

Initial Referrals for Special Education

Referrals may be made by parents or persons authorized to act as the parent (see Consent section below), or by authorized school officials. Referral requests should be made in writing and sent to the Committee on Special Education for the district in which the child lives. See sample request for referral letter and sample referral letter for use by a parent. Within ten days of the request, the principal of the school must either 1) request that the parent consent for evaluation or 2) offer the parent a meeting to discuss the request. If the parent or person acting as the parent gives consent, the student then receives a series of evaluations to determine whether they are eligible. Evaluations must be completed and a CSE meeting must be scheduled. If the student is found to be eligible for special education, an IEP is written, and the service recommendations must be implemented. There are strict timeline requirements for the different steps in the process, and overall, it should not take longer than 60 school days (not calendar days) from the time the parent or person acting as the parent gives consent for evaluation to receiving the programs and services recommended on the IEP.

Consent for Special Education services

Consent is required for a special education evaluation to be conducted and then must be given again for services to be initiated. The student’s birth or adoptive parent or court-appointed guardian may ordinarily give consent. If the student is in foster care and their parents’ rights have been terminated, a foster parent is authorized to act as their parent. If their parents can’t be identified or their whereabouts are unknown despite reasonable efforts to locate them, a “surrogate parent” must be appointed by the CSE. This person may be and usually is the foster parent. No person employed by the foster care agency from which the child is receiving services, or from ACS, may act as surrogate parent or give consent to the CSE. If there is no foster parent, as with a student in a group home, the CSE must identify a person qualified to act as surrogate parent.

A parent also has the right to name someone to act as the parent, by signing a legal document called a Designation of Person in Parental Relation , which should be carefully read and completed.

The rules about when consent is required and who may give consent are strict legal requirements contained in state regulations. See the consent summary chart for more detailed information about the legal requirements.

For additional information and questions regarding the assignment or roles of a surrogate parent, consult the DOE's Standard Operating Procedure Manual or the Guidelines and Procedures for Assignment of a Surrogate Parent

Requested IEP Reviews

IEP meetings may be requested at any time for any reason. It's best to request a review in writing and to send the request to the Committee on Special Education and the principal of the student’s school.

Special Education Placement

Most students receive special education services in their own community schools. A smaller number of students in need of intensive or specialized services attend "City-Wide Special Education," or District 75 placements.

To determine what services a child with an Individualized Education Program (IEP) is receiving, look at the first page of the IEP. If it says "Special Class in a Special School", the student is attending a District 75 school. A very small number attend private special education schools or day treatment programs, and their IEPs will include the name of the program. All special education services are described in a document called the Continuum of Special Education Services

If a student is recommended for a special class in a community school, a Special Education Placement Officer at the Borough Enrollment Office will be responsible for finding an appropriate classroom. However, if the student attends either a charter school or a private school then the Committee on Special EducationSpecial Education Placement Officer will look for placement. For a student recommended for a class in a District 75 school, placement will be the responsibility of District 75's Office of Placement

Placement in a Day Treatment Program

Day treatment is a restrictive special education program that offers on-site mental health services – including psychiatric care. Day treatment programs may be hospital-based, located in a community site, or public school, and are licensed by the NYS Office of Mental Health. Students attending a day treatment program receive therapy and psychiatric services in the program and not from other providers in the community. Prior to considering a young person for this level of treatment/schooling, less restrictive interventions and classroom placements should be considered. This tipsheet on day treatment applications will help to guide ACS and foster care agency staff through the day treatment referral process.