Two years after a federal judge ordered New York City to overhaul how it delivers special education services, the city is still less than halfway there. A court-appointed monitor reported in July 2025 that the city’s Education Department had implemented just 21 of the 51 steps required under the 2023 order — leaving thousands of families still waiting on services and payments they won in legal disputes.

The order grew out of a chronic failure: families who go through the city’s administrative hearing process and win the right to special education services — therapies, tutoring, specialized private placements — often wait months or years for the city to actually deliver or pay for them. The 2023 ruling laid out 51 concrete reforms to fix that pipeline.

What the monitor found

The July report from the court-appointed monitor put hard numbers on the gap. Of the 51 steps the judge ordered, the city had completed 21 — fewer than half — roughly two years on. Advocates noted the city had spent heavily on compliance efforts, audits, and the monitor itself while still leaving the core problems unresolved: families continued to wait on basics like timely payments and confirmation that services were actually being delivered.

That combination — significant spending, limited delivery — is the crux of advocates’ frustration. Money has gone into the machinery of compliance without translating into faster help for children.

The J.S.M. settlement

Running alongside the broader order is J.S.M. v. New York City Department of Education, a case focused on the timeliness of decisions in the special education hearing system. In April 2025, a federal court granted final approval of a settlement in J.S.M. meant to guarantee that city schoolchildren get the timely decisions they are legally entitled to.

The two tracks address linked problems: J.S.M. targets how long it takes to get a decision, while the 2023 order targets how long it takes to implement and pay for services once a family wins. Both stem from a hearing system that advocacy groups have for years described as overwhelmed and slow.

Who is affected

The delays hit a wide range of families. Parents who place children in specialized private schools and seek tuition reimbursement, families awarded compensatory services after the city failed to provide them, and students owed therapies written into their IEPs all run through the same backlogged process. When the city is slow to pay or confirm services, the burden falls on parents — often those without the resources to front costs or hire lawyers — and on children who lose months of time-sensitive support.

The pressure ahead

The compliance findings land as a new mayoral administration takes the helm of the school system, inheriting a court order it did not author but must satisfy. Federal oversight does not lift until the city demonstrates real progress against the 51 steps, and the monitor’s reporting gives the court — and advocates — a running scorecard.

For families, the practical stakes are simpler than the litigation: a child owed speech therapy or a specialized placement needs it now, not after another round of audits. The next monitor’s report will show whether the city can close the gap between what it has spent and what families have actually received.

Verification

Frequently Asked Questions

What is the special education court order about?
In 2023 a federal judge ordered NYC's Education Department to make 51 reforms to more quickly deliver special education services and payments to families who win disputes through administrative hearings. Many families had waited months or years for services they were legally awarded.
How much of the order has the city completed?
According to a July 2025 report from a court-appointed monitor, the city had implemented 21 of the 51 required steps — less than half — about two years after the order.
What is J.S.M. v. NYC DOE?
A related case in which a federal court granted final approval of a settlement in April 2025 aimed at guaranteeing that NYC schoolchildren receive timely decisions on the special education services they are entitled to.
Why does the delay matter?
Special education services like therapy, tutoring, and specialized placements are time-sensitive. When the city is slow to implement or pay for services families won, children go without support they are legally owed, often for months or years.