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Q&A

Chair Lee on strategies to reduce due process cases

New York City Council · Jun 8, 2026 · starts 6:05:35 · 2 min 9 sec

Lee asks about strategies used to reduce due process cases. Vladek describes standing up a tribunal at OATH reducing case time from over a year to under 70 days, strategic litigation, fraud controls, rate studies, and direct service provision, reducing cases from 26,000 to under 16,000.

Unidentified speaker

Because the legal process itself is not very well thought out, where we win the case in the end, but it's taken long enough to get there that we've made all these payments that we shouldn't have had to make.

Unidentified speaker

So lots of things that we're doing that we're very optimistic about.

Linda Lee

At the last, the preliminary budget hearing, you went over

Linda Lee

as a teacher would, the history of the due process claims

Linda Lee

a change that happened under the de Blasio administration whereby the cases would be settled.

Linda Lee

They would automatically be settled.

Linda Lee

Is that policy changing now and that you are contesting a lot of these due process claims?

Unidentified speaker

That policy changed, we changed that policy several years ago, but we didn't do that in isolation.

Unidentified speaker

The first thing that we did was we said, okay, you know, we have IESP cases over here and tuition things over here and service gaps over here.

Unidentified speaker

Put all of the pieces of machinery that due process requires in one place.

Unidentified speaker

We rationalized it, we streamlined it, and we got strategic about how we manage the cases.

Unidentified speaker

Meaning what?

Unidentified speaker

Meaning we spent a lot of time, and thank you to Comptroller Lander and now Comptroller Levine, because they've helped us identify the cases that should be settled quickly.

Unidentified speaker

Where we didn't make an offer of FAPE, and the student has a placement that works for them, and there's no need for us to fight it, and we can just get that off the docket for everybody's sake.

Unidentified speaker

But we've also developed screening tools to identify what are the cases that need to be scrutinized much more closely.

Unidentified speaker

And so we treat different kinds of cases differently, having stood up this tribunal, because it used to take more than a year to get a case from filing to completion.

Unidentified speaker

So now that we've stood up this tribunal at oath, it's taking us, I think, under 70 days from start to finish.

Unidentified speaker

So no longer...

Unidentified speaker

settling every case without distinction, yeah, we don't settle every case without distinction anymore.

Unidentified speaker

We settle the cases that should be settled.

Unidentified speaker

We litigate the cases that should be litigated.