Case Review: How Should I Justify My Service Provider’s Enhanced Rates?

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.

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Case Review: A Family’s Journey to Tuition Reimbursement

When advocating for your child with special needs, the process can feel overwhelming. This blog post highlights one family’s experience in seeking tuition reimbursement for their child’s placement at the Shefa School in New York City for the 2023-2024 school year. It walks through the arguments made, what the impartial hearing officer (IHO) decided, what the State Review Officer (SRO) decided on appeal, and the lessons parents can learn to strengthen their own cases.

This blog draws on the decision issued by the New York State Review Office in appeal number 24-153. While I was not involved in the case, I regularly review these publicly available decisions as they serve as a valuable resource for understanding the nuances of special education disputes. You can access the full decision by clicking here. This case sheds light on one family’s journey and provides helpful context for others facing similar challenges. Please note that the outcome of this appeal is specific to its circumstances and should be viewed as informational rather than a guarantee of similar results.

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