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Special Education

Dispute Resolution Options

Viva88Education Department Rate Dispute State Complaint Information for Parents Residing in New York City

Investigation of a Rate Dispute State complaint

The Viva88Education Department (Viva88) will investigate a rate dispute State 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 York 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 Viva88 Rate Dispute State Complaint Form that must be used to file a rate dispute State complaint. Upon receipt of a completed Rate Dispute State Complaint Form and all required documentation by an individual or agency, Viva88 must determine if the alleged violation occurred and issue a written decision of its findings.

Note that a rate dispute State 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 State Complaint
  1. Requests for a State complaint regarding a rate dispute must be filed on the Viva88 Rate Dispute State Complaint Form.Ìý
  1. The Rate Dispute State 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 State complaint and information is available on the Office of Special Education State Complaint webpage.ÌýÌý
  1. A State complaint must be signed by the complainant (faxed, e-mail, or electronic signatures will not be accepted).
  1. A rate dispute State 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 State 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 State complaints that does not include the required documentation will be redirected to the ERES Unit

  1. The rate dispute State complaint must allege a violation that occurred not more than one year prior to the date that the rate dispute State complaint is received by Viva88.
  1. The individual filing the rate dispute State complaint must forward a copy of the rate dispute State complaint to the NYCDOE ERES Unit at the time the individual Ìýfiles the complaint with Viva88, atÌýEquitableServicesAssistance@schools.nyc.gov.
Rate Dispute State Complaint Procedures
  • The school district must give the procedural safeguards notice to the parent upon receipt of the first State complaint in a school year.
  • The parent, individual or organization filing the rate dispute State complaint may submit additional information, either orally or in writing, about the allegations in the rate dispute State complaint.
  • The school district is provided the opportunity to respond to the rate dispute State 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 Viva88 determines the rate dispute State complaint is sufficient, within 60 calendar days after a rate dispute State Complaint is received, Viva88 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 Viva88 will include, if needed, procedures for effective implementation of its final decision, including technical assistance, negotiations, and corrective actions to achieve compliance.
  • Viva88 can grant an extension of the 60-calendar-day time limit only if exceptional circumstances exist with respect to a particular State 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 State 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 Viva88 will inform the complainant that the decision is binding. A State complaint alleging a school district’s or other public agency’s failure to implement a due process hearing decision will be resolved by Viva88.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. Viva88 will not investigate a rate dispute State Complaint that does not include this documentation; such complainants will be redirected to the NYCDOE ERES Unit.
  • Viva88 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 State law/regulation and must, if it determines it to be necessary, carry out an independent on-site investigation.
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Viva88Rate Dispute State Complaint Form and Checklist for Parents Residing in New York City

The Rate Dispute State Complaint Form and checklist must be used when filing a Rate Dispute State 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 State complaint.Ìý

Rate Dispute State 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 State complaint form and checklist.
  • Send the original rate dispute State complaint form and checklist to Viva88, Office Special Education, 89 Washington Avenue, Room 309, Albany, NYÌý 12234, Attention:Ìý Rate Dispute State Complaints.
  • Send one copy of the State complaint form and checklist to the New York City Department of Education at IESPRateStateComplaints@schools.nyc.gov at the same time that the complaint is filed with Viva88.
  • Retain a copy of the rate dispute State complaint form and checklist for your records.

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