We Won! Now Where’s Our Money?
When a tuition reimbursement case is successful, the assumption is that the money owed will quickly appear. Unfortunately, implementing the settlement or hearing decision is an onerous process that can take a long time. As such, parents should be prepared mentally for the wait, in addition to being armed with the necessary paperwork and records.
Stipulation of Settlement
When a parent files a case with the Impartial Hearing Office, the Department of Education (DOE) will sometimes reach out to settle rather than litigate at trial. This results in a negotiation between the two lawyers who consult with their respective clients on the amount of reimbursement.
In order to actually receive the money, the parent has to sign the settlement and also produce a number of documents including:
Tuition contract with the school
Proof of payment (cancelled checks, redacted bank statements, or an affidavit of payment)
Attendance records (the DOE will not pay for a school if the child did not attend or has unexcused absences for part of the year)
Parents should be aware that this is an ongoing process and is affected by what point in the school year the settlement is finalized. Families are not entitled to all of the money if the school year is incomplete. It is imperative to keep continuous track of the child’s attendance and how much money is paid out.
Impartial Hearing Decision
The process is similar, even if the case goes to trial and a judge makes a determination. The documents itemized above must be submitted to the impartial hearing office’s implementation unit.
Takeaways for Parents:
Realize this is a complicated and lengthy process
Prepare financially and mentally for the process and continued navigation of the DOE bureaucratic system
KEEP GOOD RECORDS (and provide your attorney with regular updates so that they can be submitted on an ongoing basis)
Lastly, remember that we are here to help every step of the way. Marc and I function as the quarterbacks who call the plays. We will marshal all the different aspects of the process to mitigate delays and minimize parental anxiety and mental strain.
Contact us with questions.
Jonathan Gottlieb
Partner
195 Montague Street
14th Floor
Brooklyn Heights, NY 11201
Jonathan@GottliebFirm.com
(646) 820-8506