SPECIAL EDUCATION LAW BLOG

New Settlement Process Procedures

As you may know, to receive the settlement authority in a special education case, the Department must submit a “Comptroller Memo” to the NYC Office of the Comptroller detailing the legal reason for settlement. The Comptroller then reviews the Comptroller Memo and provides notice to the Department regarding approval of the settlement, known as “Comptroller Approval.” The Department in turn notifies our office that the settlement has been approved by the Comptroller. This process can take months, significantly delaying the settlement and causing undue harm to parents who are relying on tuition reimbursement. Parents’ Counsel is often told by the Department that the delay in Comptroller Approva

Coronavirus Update - No Waiver of IDEA Rights

Great news! Last week, we learned that the U.S. Secretary of Education, Betsy DeVos, will not seek changes to protections afforded by the IDEA. In responding to a request from Congress for recommendations on waivers to special education requirements during the Covid-19 pandemic, DeVos determined that a student’s access to FAPE (free appropriate public education) can continue with online learning, distance education or other at-home learning strategies. DeVos wrote that the US Department of Education “is not requesting waiver authority for any of the core tenets of the IDEA or Section 504 of the Rehabilitation Act of 1973, most notably a free appropriate public education (FAPE) in the least r

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