Introduction
Many parents rely on private special education service providers when their school district fails to deliver the services their child needs, or even those that are mandated on their IEP. However, when seeking reimbursement or direct funding for private services, the district may argue that the rates charged by private providers are too high. Any rate above the extremely low rates that the NYC DOE pays providers is considered an “enhanced rate.” But how are parents supposed to justify “enhanced rates” at an impartial hearing?
A recent State Review Officer (SRO) decision (24-218) issued in July 2024 helps explain this issue. The case involved a parent who sought reimbursement for Special Education Teacher Support Services (SETSS) provided by EdZone, LLC at a rate of $198 per hour. The New York City Department of Education (DOE) challenged this rate, arguing that it was excessive. The SRO ultimately ruled in favor of the parent, requiring the DOE to fully reimburse the $198/hour rate.
This case highlights key takeaways on how parents can justify enhanced provider rates when school districts refuse to fund them.