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Special Education

Dispute Resolution Options

New ¶¶Òõapp ¶¶Òõapp Education Department Rate Dispute ¶¶Òõapp Complaint Information for Parents Residing in New ¶¶Òõapp City

Investigation of a Rate Dispute ¶¶Òõapp complaint

The New ¶¶Òõapp ¶¶Òõapp Education Department (¶¶Òõapp) will investigate a rate dispute ¶¶Òõapp complaint that is based on a request for an enhanced rate for equitable services only when a parent has submitted documentation demonstrating that a good faith effort was made to resolve the rate dispute Ìýwith the New ¶¶Òõapp City Department of Education (NYCDOE) Enhanced Rate Equitable Services Unit (ERES Unit) and there are remaining allegations that meet the requirements outlined inÌýÌýof the Code of Federal Regulations andÌýsection 200.5(l)Ìýof the Regulations of the Commissioner of Education.Ìý Attached is a ¶¶Òõapp Rate Dispute ¶¶Òõapp Complaint Form that must be used to file a rate dispute ¶¶Òõapp complaint. Upon receipt of a completed Rate Dispute ¶¶Òõapp Complaint Form and all required documentation by an individual or agency, ¶¶Òõapp must determine if the alleged violation occurred and issue a written decision of its findings.

Note that a rate dispute ¶¶Òõapp complaint isÌý²Ô´Ç³ÙÌýan appeal process for disagreements between a parent and the NYCDOE ERES Unit.Ìý If the NYCDOE ERES Unit denies a parent’s request for a specific rate for equitable services, the parent has the right to challenge the denial in a court of competent jurisdiction.Ìý

Contact Information

Questions regarding requests for an enhanced rate or rate dispute for equitable services may beÌýemailed to the NYCDOE ERES Unit atÌýEquitableServicesAssistance@schools.nyc.gov.

Parent, Individual or Organization (Complainant) Filing the Rate Dispute ¶¶Òõapp Complaint
  1. Requests for a ¶¶Òõapp complaint regarding a rate dispute must be filed on the ¶¶Òõapp Rate Dispute ¶¶Òõapp Complaint Form.Ìý
  1. The Rate Dispute ¶¶Òõapp Complaint Form must only include the allegation specific to a rate dispute.Ìý For any other allegations unrelated to a rate dispute, you must file a separate ¶¶Òõapp complaint and information is available on the Office of Special Education ¶¶Òõapp Complaint webpage.ÌýÌý
  1. A ¶¶Òõapp complaint must be signed by the complainant (faxed, e-mail, or electronic signatures will not be accepted).
  1. A rate dispute ¶¶Òõapp complaint must include:Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý Ìý a)Ìýdocumentation demonstrating that a good faith effort was made to resolve the matter with the NYCDOE ERESÌý Unit
  • a copy of the webform or email receipt showing that the NYCDOE ERES Unit was contacted
  • Copies of any affidavits submitted to the NYCDOE ERES Unit
  • Copies of any attachments submitted to the NYCDOE ERES Unit
  • a statement that you did not receive a response, or the offer of a rate, from the NYCDOE ERES UnitÌý Ìý Ìý Ìý Ìý Ìý

b) contact information of the person filing the rate dispute ¶¶Òõapp complaint:

  • the name and address of the residence of the child
  • the name of the school the child is attending
  • in the case of a homeless child or youth, available contact information for the child and the name of the school the child is attending

Ìý Ìý Ìý Ìý5. A rate dispute ¶¶Òõapp complaints that does not include the required documentation will be redirected to the ERES Unit

  1. The rate dispute ¶¶Òõapp complaint must allege a violation that occurred not more than one year prior to the date that the rate dispute ¶¶Òõapp complaint is received by ¶¶Òõapp.
  1. The individual filing the rate dispute ¶¶Òõapp complaint must forward a copy of the rate dispute ¶¶Òõapp complaint to the NYCDOE ERES Unit at the time the individual Ìýfiles the complaint with ¶¶Òõapp, atÌýEquitableServicesAssistance@schools.nyc.gov.
Rate Dispute ¶¶Òõapp Complaint Procedures
  • The school district must give the procedural safeguards notice to the parent upon receipt of the first ¶¶Òõapp complaint in a school year.
  • The parent, individual or organization filing the rate dispute ¶¶Òõapp complaint may submit additional information, either orally or in writing, about the allegations in the rate dispute ¶¶Òõapp complaint.
  • The school district is provided the opportunity to respond to the rate dispute ¶¶Òõapp Complaint, including, at a minimum: (a) at the discretion of the school district, a proposal to resolve the complaint and (b) an opportunity for the school district and the parent who filed the complaint to voluntarily engage in mediation.Ìý However, mediation may only be requested for an enhanced rate for equitable services or rate disputes after a parent has made a good faith effort to resolve the matter with the NYCDOE ERES Unit.
  • If ¶¶Òõapp determines the rate dispute ¶¶Òõapp complaint is sufficient, within 60 calendar days after a rate dispute ¶¶Òõapp Complaint is received, ¶¶Òõapp will issue a written decision to the complainant that addresses the allegation of a rate dispute in the complaint and contains findings of fact and conclusions and the reasons for the final decision.Ìý ¶¶Òõapp will include, if needed, procedures for effective implementation of its final decision, including technical assistance, negotiations, and corrective actions to achieve compliance.
  • ¶¶Òõapp can grant an extension of the 60-calendar-day time limit only if exceptional circumstances exist with respect to a particular ¶¶Òõapp complaint or the parent, individual or organization and school district or other public agency involved voluntarily agree to extend the time to resolve the matter through mediation.
  • If an issue raised in a ¶¶Òõapp complaint has previously been decided in a due process hearing involving the same parties, then the due process hearing decision is binding on that issue and ¶¶Òõapp will inform the complainant that the decision is binding. A ¶¶Òõapp complaint alleging a school district’s or other public agency’s failure to implement a due process hearing decision will be resolved by ¶¶Òõapp.Ìý However, if the due process hearing decision does not include a specific rate for equitable services, the complainant must first make a good faith effort to resolve the matter with the NYCDOE ERES Unit. ¶¶Òõapp will not investigate a rate dispute ¶¶Òõapp Complaint that does not include this documentation; such complainants will be redirected to the NYCDOE ERES Unit.
  • ¶¶Òõapp will review all relevant information and make an independent determination as to whether the school district or other public agency is violating a requirement of Part B of IDEA or ¶¶Òõapp law/regulation and must, if it determines it to be necessary, carry out an independent on-site investigation.
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New ¶¶Òõapp ¶¶Òõapp Rate Dispute ¶¶Òõapp Complaint Form and Checklist for Parents Residing in New ¶¶Òõapp City

The Rate Dispute ¶¶Òõapp Complaint Form and checklist must be used when filing a Rate Dispute ¶¶Òõapp Complaint and must only include the allegation specific to a rate dispute.Ìý For other allegations unrelated to a rate dispute, you must file a separate ¶¶Òõapp complaint.Ìý

Rate Dispute ¶¶Òõapp Complaint Form and ChecklistÌý

Translated versions will be posted shortly.Ìý

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Submission Instructions
  • Complete, sign and make two copies of the original Rate Dispute ¶¶Òõapp complaint form and checklist.
  • Send the original rate dispute ¶¶Òõapp complaint form and checklist to ¶¶Òõapp, Office Special Education, 89 Washington Avenue, Room 309, Albany, NYÌý 12234, Attention:Ìý Rate Dispute ¶¶Òõapp Complaints.
  • Send one copy of the ¶¶Òõapp complaint form and checklist to the New ¶¶Òõapp City Department of Education at IESPRate¶¶ÒõappComplaints@schools.nyc.gov at the same time that the complaint is filed with ¶¶Òõapp.
  • Retain a copy of the rate dispute ¶¶Òõapp complaint form and checklist for your records.

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