Mayor de Blasio Announces New Steps to Help Families of Students with Disabilities

Mayor Bill de Blasio  announced a package of administrative changes yesterday that make the process easier and less contentious for parents who are entitled to reimbursement of tuition for their child’s special education program. The changes will affect parents whose children attend special education programs outside of public schools in order to receive necessary services.

The action plan announced today will implement the following changes by September 1, 2014:

    • Expedite Decisions: Where settlement is appropriate, DOE will seek settlement within 15 days of receiving notice of parent intent to unilaterally place their child in a school.
    • Reduce Extended Legal Battles: The DOE will refrain from re-litigating settled or decided cases, unless there is a change in the IEP placement recommendation. The DOE will avoid unnecessary litigation in cases where the agency is unable to offer a placement, or when a child is about to enter the final grade of a school.
    • Reduce Paperwork: Instead of requiring parents to submit full documentation every year, the DOE will only require that paperwork every three years, allowing for income eligibility updates to be made each year, as needed.
  • Expedite Payments: DOE will make tuition payments on a monthly basis when required by a program, and it will provide a payment schedule to parents following any settlement. Once parents win a claim for tuition reimbursement, the DOE will pay the tuition while the DOE appeals that decision to a higher level of review.
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