Adam Dayan, Esq.
Comptroller Will Require DOE To Secure Authority Before Starting Settlement Negotiations
Updated: Mar 1, 2021
The NYC Comptroller's Office will now require the Department of Education (DOE) to obtain comptroller approval for the terms of a settlement before starting settlement negotiations with parents' counsel.
Previously, the DOE's practice was to negotiate, reach an agreement, and then seek approval from the comptroller for the agreed-upon terms. This was problematic, however, for a number of reasons and caused significant delays in the legal process. Some of these reasons are detailed in an April 29, 2020 letter from the Comptroller's office to the DOE Chancellor, accessible here.
As noted in the letter, city agencies, and even the DOE itself in certain types of negotiations, are already following this practice of securing comptroller approval in advance.
We welcome this change and are optimistic, based on past experience, that this will result in efficiencies in the process of negotiating, settling, and paying parents' claims.