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Lack of data distinguishing between Carter and Connor cases
0:52:17
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Liz Vladeck reveals that the Department of Education does not track the distinction between Carter and Connor cases. Council Member Rita Joseph expresses surprise and asks for clarification on the differences between these cases.
- The DOE does not have separate data for Carter and Connor cases
- Joseph points out that these are two different types of cases, one monetary and one non-monetary
- Vladeck explains that the distinction may not be as clear-cut due to ongoing payment obligations
- She suggests that the problem of families not being able to pay tuition upfront (Connor cases) has mostly been mitigated
Liz Vladeck
0:52:17
separate.
0:52:17
I understand that, chairperson.
0:52:19
You're not gonna like my answer.
0:52:20
I wish I had one.
0:52:21
You would.
0:52:22
We don't track the distinction between Carters and Connors.
0:52:25
We don't have that data.
Rita Joseph
0:52:27
But they're 2 different things.
Althea Stevens
0:52:28
Well
Rita Joseph
0:52:28
1 is monetary versus nonmonetary.
0:52:31
Correct?
Liz Vladeck
0:52:31
With due respect, I'm not sure that's completely accurate.
0:52:35
And here's what I mean.
Rita Joseph
0:52:36
So explain.
Liz Vladeck
0:52:37
Yes.
0:52:37
Thank you.
0:52:39
For a variety of reasons, first and foremost, the pendency obligation that we have once the students got an IEP, payments are ongoing.
0:52:51
Payments are rolling.
0:52:53
Even in the scenario where a family files a due process claim for this school year and we eventually let's say, they file in September or July, September, the case is heard in January, there's a decision in March that says, no, no.
0:53:11
DOE did offer FAPE this year and shouldn't have to make this payment.
0:53:14
We don't get the money back.
0:53:16
We've been making the tuition payments on the schedule of the school, and we don't get the money back, notwithstanding that it turns out we had offered an adequate FAPE.
0:53:29
So I I think and, you know, I I would like to follow-up and and hear from practitioners if we are not seeing certain cases.
0:53:38
But I think that the concept of Connor cases where the idea is families cannot afford to pay the tuition upfront, I think we've mostly mitigated that problem.
Rita Joseph
0:53:50
So, again, you're not you don't have the data to tell me the differences and how much you're spending on connecrosis cases versus Carter cases?
Liz Vladeck
0:53:58
No.
0:53:58
We don't.
Rita Joseph
0:53:58
And you will get that information to me because I will write up a follow-up to those questions.
Liz Vladeck
0:54:03
We will do our best to provide something comparable.