NYC asks private school families to waive their right to sue in exchange for special education services
Chalkbeat NY | For some families, the most important consideration might be how quickly they can resume services after months off, said Rebecca Shore, the director of litigation at Advocates for Children, a group that represents families pro bono in special education disputes.
“If the parent has already found a provider, and the provider accepts the voucher, it certainly can be a course that they should consider,” said Shore. “It would be probably the fastest course.”
Otherwise, families may need to file a legal claim called a due process complaint that is heard by an impartial hearing officer, a process that can take time to resolve.
“What you’re looking at is several months, if not longer,” Cutler said.
Plus, winning a favorable ruling from an impartial hearing officer isn’t guaranteed, and city officials would likely challenge a family’s legal claim by noting they missed the filing deadline, which is enshrined in state law.
Shore said a family still “can have a claim” against the city even if they missed the deadline. But she didn’t want to generalize about a family’s chances of prevailing because the outcome of a given case is highly dependent on the specific facts.
Education Department officials argued that families who missed the deadline “essentially have no legal recourse” and therefore have little to lose by accepting the city’s offer.
“These students are entitled to services [in] September, October, November, December,” said Shore. “Giving up their right to make-up services for that entire time period, again, is a parent’s consideration.”
