Comptroller Calls Out DOE’s Blame Game
I recently reviewed a letter from the City Comptroller’s Office to the Department of Education (DOE). As many parents already know, the DOE has made a habit out of blaming the city comptroller for delaying settlement by taking too long to approve cash pay-outs associated with tuition reimbursement settlements. For years, this was the common excuse given as cases dragged on into spring and even summer.
In effect, the wait for comptroller approval became a new step in the tuition reimbursement process— one that parents could do little to expedite. DOE personnel consistently refused to identify a contact at the comptroller’s office to interface with parents and attorneys about the status of payments. Turns out there’s a reason for that — and that’s where this letter from the comptroller’s office comes in.
Letter From First Deputy Comptroller Gilligo to Chancellor Carranza
In essence, the comptroller is sick of being blamed for delays in payments by the DOE. Deputy Comptroller Alaina Gilligo writes:
Our offices have discussed, on many occasions, that delays in the settlement of special education claims and in the payment of settlements and orders for special education tuition and services are not attributable to the Comptroller's Office. There has been no backlog or delays at the Comptroller’s Office since we instituted new systems and hired additional staff to handle the influx of claims in 2014 and 2015. The Department of Education ("DOE") has repeatedly offered its assurances that it would stop blaming the Comptroller's Office for such delays. However, we continue to receive reports from special education attorneys, advocates, and parents that the DOE is blaming late payments on "delays at the Comptroller's Office" and, before even requesting settlement authority, representing to parents and hearing officers that proposed settlements are awaiting the Comptroller’s approval. This is unacceptable.
This letter from the comptroller's office is just another reminder of the ways that the DOE might be trying to defray payment, to frustrate payment, and to defeat parent's claims through backdoor methods that are, quite frankly, unethical and unprofessional. Having competent legal representation can help you shed a light on how these cynical policies are affecting your case.
Marc Gottlieb
Partner
195 Montague Street
14th Floor
Brooklyn Heights, NY 11201
Marc@GottliebFirm.com
(646) 820-8506