due process hearing

There are 2 posts tagged due process hearing (this is page 1 of 1).

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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How to Secure Funding from the NYC DOE for an Independent Educational Evaluation (IEE)

If you’re a parent in New York City navigating the special education system, you may find yourself in need of an Independent Educational Evaluation (IEE) to ensure your child receives the services and support they need. The New York City Department of Education (NYC DOE) may be required to fund an independent evaluation under specific circumstances. Here’s a guide to help you understand the process and increase your chances of success.

What Is an IEE?

An Independent Educational Evaluation is defined under New York State regulation as “an individual evaluation of a student with a disability or a student thought to have a disability, conducted by a qualified examiner who is not employed by the public agency responsible for the education of the student” (8 NYCRR 200.1[z]; see 34 CFR 300.502[a][3][i]). These evaluations provide an independent assessment of your child’s needs, offering insights and recommendations that may not be addressed in the NYC DOE’s evaluation. The goal is to read the evaluation and have a comprehensive understanding of your child’s needs and what is required for them to make progress in the classroom.

Often, NYC DOE evaluations include statements like, “Final recommendations for services will be discussed and determined at the IEP meeting along with other reports and consultation with the student’s parents.” This leaves parents without comprehensive information to support their child, and unsure of what steps to take after the evaluation is complete. Additionally, the evaluators themselves are rarely present at IEP meetings. Instead, parents usually end up discussing the evaluation findings with a CSE representative who may not be familiar with their child.

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