New York State: Best in the Nation for Tuition Reimbursement
I 💗 NY takes on a new meaning when it comes to tuition reimbursement for private special education schools. Due to a variety of factors that create a perfect storm, decisions often come out in favor of the parents and family. Of all the tuition reimbursement cases filed across the nation, 40% are in New York — likely due to the legislation that is very generous to parents of children with special needs.
New York State (NYS) has arguably taken the most parent-friendly stances on interpreting federal laws, like the Individuals with Disability Education Improvement Act — and incorporating those laws into its own state-level laws and local educational agency regulations.
All of these protections are reinforced by the state’s federal circuit which is also very parent-friendly.
New York City (NYC) tuition reimbursement cases are overseen by the New York City Department of Education (DOE) which is quite large and generous. Because of its size, there are a lot of staff members who are involved in each case, which precludes the chance any given person’s (or district’s) “ego” is tied up in a particular recommendation. They are also less likely to fight as hard as a district with a smaller, and more robust, public program.
As with anything, the more people involved with something, the more opportunity for someone to “drop the ball.” When this happens in NYC, which can be frequent, a parent’s tuition reimbursement case gets stronger. This is another reason why NYS, and NYC in particular, is a good location for tuition reimbursement cases.
The final aspect of this perfect storm is that there are so many incredible special education programs in the state. This wealth and depth of programming means that there is a private school available, and appropriate, for almost any child’s individualized profile.
The system and its processes, in addition to the variety of special education private schools, results in the state employing a multitude of hearing officers (many of whom are pro-parent and support tuition reimbursement because children’s rights have been violated) and, ultimately, a higher success in tuition reimbursement cases than anywhere else in the country.
New York has a very strong mechanism by which parents can resolve their issues, get violations addressed, and get an educational solution that will allow their child to succeed and thrive.
Jonathan Gottlieb
Partner
195 Montague Street
14th Floor
Brooklyn Heights, NY 11201
Jonathan@GottliebFirm.com
(646) 820-8506