Skip to content
Council Discourse

NYC Council meetings, chaptered and linked by time.

Created by Uzair Qadir

Inspired by Vikram Oberoi's City Meetings

Q&A

General Counsel Vladek on due process costs and Carter school accountability

New York City Council · Jun 8, 2026 · starts 5:59:04 · 6 min 31 sec

General Counsel Vladek discusses the due process ecosystem, noting autism cases cost $145,000 per year, Carter schools lack accountability for outcomes, and the $1.5 billion in due process spending has no academic transparency. He calls it both a fiscal and moral crisis.

UNKNOWN

The joke is always that the lawyers are no good at math, but I'm going to give it a try.

Linda Lee

But math is everyone's best friend.

UNKNOWN

Math is everyone's best friend.

UNKNOWN

So, you know, the last time we were here, we talked about how we've got to think of the ecosystem of special education as not just the DOE budget.

UNKNOWN

And I think, you know, when DC Foti talks about the impact of her programs and when we talk about the comparative cost for her to develop more seats versus a due process case,

UNKNOWN

it's really worth expanding on that a little.

UNKNOWN

We are in a bigger world.

UNKNOWN

Autism diagnoses are exploding all over the country.

UNKNOWN

I really highly recommend to everyone the New York Times has begun a series of coverage on the explosion in the provision of quote ABA services autism

UNKNOWN

Behavioral, what's the A?

Linda Lee

Analysis.

UNKNOWN

Applied behavioral analysis, thank you, ABA services.

UNKNOWN

Because guess what?

UNKNOWN

These services are Medicaid reimbursable.

UNKNOWN

And so the New York Times has begun a series looking at how ABA services are a new cash cow for some well-intentioned people and plenty of bad actors.

UNKNOWN

Guess what else?

UNKNOWN

More and more due process cases have autism components to them.

UNKNOWN

And when we talk about average cost per student of an IEP due process case is $105,000 a year, yeah, that's head and shoulders above what we're spending.

UNKNOWN

Except if we're talking about autism cases specifically, we're already up at $145,000 a year.

UNKNOWN

And in addition to the other broad points that my colleagues have made, unlike DCFOD's programs,

UNKNOWN

all of the Carter schools that receive this funding, $100,000, $150,000, $300,000 a year, there's no accountability.

UNKNOWN

They don't have to demonstrate to anyone what outcomes they're getting, because as you hear from our leadership and our chancellor first and foremost, we're not just talking about it is a fiscal crisis, it is a moral crisis,

UNKNOWN

and the moral part of that is we want all of our students to be set up to succeed.

UNKNOWN

We have no idea what's happening to students once they become harder cases.

UNKNOWN

There are certain legal eccentricities here that mean once they're a carter,

UNKNOWN

Carter case in kindergarten, first grade, second grade, they're never coming back to public school.

UNKNOWN

More and more we have kids who are Carter cases who've never come to public school in the first place.

UNKNOWN

There's an industry of folks who are, you know, living large on these dollars and there's no

UNKNOWN

set aside the lack of academic transparency and accountability.

UNKNOWN

There's also no visibility into where the school's funding is coming from.

UNKNOWN

How could they exist without Carter dollars?

UNKNOWN

What are they providing to students and families?

UNKNOWN

Is everybody certified?

UNKNOWN

So the money that's moving around in this space

UNKNOWN

some of which gets chalked up to the due process budget, it's going somewhere.

UNKNOWN

And unlike the dollars in DCFOD's budget, we have no accounting for what that $1.5 billion is accomplishing.

Linda Lee

So it sounds like you're saying how the DOE can support, how the council can support the DOEs by holding accountable some of these institutions with transparency for outcomes?

UNKNOWN

Yes, absolutely.

UNKNOWN

And we're not shirking our duty.

UNKNOWN

We have, we're going to end the year with the number of due process cases down from 26,000 two years ago to under 16,000 this year.

UNKNOWN

We're going to end the year having gone from 18,000 IESP cases two years ago to under 7,000 cases.

UNKNOWN

These are huge.

UNKNOWN

huge changes.

UNKNOWN

And those, they will generate savings.

UNKNOWN

Some of the strategies that we've used to bring those numbers down will generate further savings.

Linda Lee

Can you talk about some of those strategies that you've used to bring the number of due process claims down?

UNKNOWN

Absolutely.

UNKNOWN

So I think first and foremost, what DC FODI referred to and what the mayor has clearly prioritized is making sure we're serving students with IESPs directly.

UNKNOWN

This is not a thing that used to exist, but now we have hundreds of staff who are devoted to, whether they're psychologists, social workers, teachers, administrators,

UNKNOWN

providers, to engaging directly through our CSEs with families, ensuring that they have providers who are qualified to provide the services that they need,

UNKNOWN

exercising some actual oversight so that we can be sure that the services are of an adequate quality.

UNKNOWN

We've also been working to engage with schools, with private schools where students have IESPs because the law

UNKNOWN

does not envision school districts having the same extent of responsibility to families who opt out of public school as we have to students who want a public school education.

UNKNOWN

And so in order to make those dollars make sense in IESP cases, we should be working with schools to determine where we can scale services.

UNKNOWN

I wish we can scale services.

UNKNOWN

We're getting a better reception from those schools.

UNKNOWN

We are finding success.

UNKNOWN

We have raised rates.

UNKNOWN

There was a valid complaint for a while that rates had not been raised in a long time.

UNKNOWN

We did a fair market rate study for set services because that's a unique service that only in New York City do we provide it.

UNKNOWN

So we had to really get into the weeds of...

UNKNOWN

What does it actually cost us to provide this?

UNKNOWN

And that has helped us lower the cost of these services.

UNKNOWN

And frankly, we've continued to, we have adopted and continued to implement and enforce fraud controls and strategic litigation.

UNKNOWN

Meaning what?

UNKNOWN

Meaning, you know, all of these.

UNKNOWN

16,000 cases, most of them go to a hearing at an independent tribunal.

UNKNOWN

Well, we are cross-examining witnesses, we are demanding documents, we are insisting on a demonstration that parents actually know there's a case on their family's behalf,

UNKNOWN

and we're starting to look at moving to recoup some of the funds that go out the door.