The DOE Implementation Unit is not an office many people are familiar with, but our lawyers and paralegals call this office on a daily basis, trying to get them to make payments on cases where we have winning decisions or pendency orders. It is the Implementation Unit that is the final step in the payment process and is responsible for the issuing of checks for these cases.
In spite of our having a good, collegial relationship with this DOE office, delays are increasing and causing a hardship to our families, to their providers, and to schools.
Earlier this fall, Advocates for Children and Milbank, LLP filed a motion in federal court requesting the appointment of an Independent Special Master to address the widespread and worsening delays in the DOE’s implementation of orders. This motion is predicated on an earlier lawsuit they brought in 2003 called L.V. v. NYC Department of Education. In 2007, the DOE agreed to settle this case with the families who brought it, and to adhere to benchmarks for improving implementation, including that the DOE would implement orders within 35 days. But today the DOE is not meeting this modest commitment over 30% of the time.
All members of the parents’ bar are experiencing these endemic delays. Our firm is working closely with Advocates for Children and supports their efforts in federal court. As part of this, last week our lawyers provided AFC with a list identifying 150 of our most egregiously overdue cases to use as further evidence in its claims. It is our hope that this will help unclog the backlog and get our clients paid. There is no personal identifying information on this list; it is comprised of a case reference number (assigned by the DOE’s Impartial Hearing Office), the date of the order, the amount owed, and the name of the attorney from our office assigned to the case. Our clients have no obligations regarding AFC’s court proceedings.
We are proud to contribute to this critical effort, which we strongly believe will benefit all New Yorkers. We will keep you posted as the case develops.
