Mid Island Therapy Associates, LLC v. New York State Department of Education

Petitioner provides special education itinerant teaching (hereinafter SEIT) services for preschool age children with disabilities in Westchester, Nassau and Suffolk Counties (hereinafter collectively referred to as the Counties) and the New York City metropolitan area. Petitioner’s services are measured in 30-minute “service units,” for which petitioner is paid by the New York City Department of Education (hereinafter NYCDOE) and the Counties (see generally Education Law § 4410 [9]). Petitioner is initially paid by a municipality for each service unit according to the “prospective rate,”…