Current procedural position
- Phase 1Public Record Built
- Phase 2Vendor Protest ReviewYou are here
- Phase 3DYCD Written Decision
- Phase 4Contract Registration
- Phase 5Court Review / Implementation
Phase 1 · Complete
Public Record Built
"The hearings created the record. The next phase is using that record at the actual decision point."
Council hearings, public testimony, CEC resolutions, petitions, rallies, student letters, official letters, and press coverage have already accomplished a great deal — but not what the public often assumes.
What this work DID
- Create public evidence.
- Force DYCD statements and admissions.
- Document school and family opposition.
- Generate elected-official pressure.
- Create records usable in protests, registration review, disability grievances, and legal proceedings.
What this work DID NOT do
- Automatically reverse an award.
- Stay procurement.
- Block contract registration.
- File a lawsuit.
- Make parents parties to a vendor protest.
Phase 2 · Pending
Vendor Protest Review
Commonly called an appeal; formally a vendor protestVendor protestA formal written objection filed by an affected vendor under PPB Rule §2-10 before a contract is registered. The agency must issue a written decision. under PPB Rule §2-10PPB Rule §2-10The City Procurement Policy Board rule that lets a losing or affected vendor formally protest the award of a city contract before it is registered..
- DYCD should issue a written determination within 30 days after receiving the protest.
- The determination should state reasons.
- The agency-level determination is final.
- Filing a protest does NOT automatically stay procurement.
- DYCD may delay the procurement if the Agency Head finds delay is in the City's best interest.
Current fields
- Protest filed?
- Unconfirmed
- Filing / receipt date
- Unconfirmed
- Decision due (estimate)
- Unconfirmed
- Written decision received?
- Unconfirmed
- Procurement paused?
- No public confirmation
- Source
- Pending FOIL / agency response
- Last verified
- —
Actions while the protest is pending
- Demand an interim pause from DYCD.
- Provide school-specific evidence to the protesting provider or its counsel.
- Press the Mayor and Council for a pause.
- Ask the Comptroller whether a contract package has been submitted.
- Preserve evidence.
- Identify counsel and potential petitioners.
- Continue disability grievances and accommodation requests.
Phase 3 · Next
Protest Decision
If GRANTED
- Explain what changes in the award.
- Identify schools covered by the decision.
- Track incumbent continuation and reconsideration.
If DENIED — urgent actions
- Obtain and publish the written decision.
- Send it immediately to counsel.
- Compare its reasons with scores, rankings, performance, and school evidence.
- Confirm whether the contract was submitted for registration.
- Ask DYCD and the Mayor to pause or withdraw the package.
- Ask Council for targeted oversight and records.
- Ask the Comptroller for status and careful scrutiny.
- Assess Article 78Article 78A New York court proceeding used to challenge a government agency decision as arbitrary, capricious, or contrary to law. Strict deadlines apply (often four months). and stay relief immediately.
Warning. Do not assume families must wait until registrationContract registrationThe step where the NYC Comptroller reviews and registers a city contract. Until a contract is registered, it is not legally in effect. to explore Article 78Article 78A New York court proceeding used to challenge a government agency decision as arbitrary, capricious, or contrary to law. Strict deadlines apply (often four months).. The final protest or agency determination may trigger a legal deadline. Counsel must determine the controlling date.
Phase 4 · If reached
Submitted for Registration
- The Comptroller has 30 calendar days from receipt of a complete package to register, return, or object.
- This is NOT a universal public-comment window.
- The Comptroller does not ordinarily select the preferred provider.
Actions
- Confirm submission date.
- Submit a concise evidence packet.
- Ask DYCD / Mayor to withdraw or pause.
- Have counsel assess filing and stay relief BEFORE registration.
Phase 5 · If reached
Registered / Implementation
- Article 78 may still be possible if timely.
- Registration is not necessarily the event that starts the limitations period.
- Counsel should consider immediate stay relief.
- Continue disability-access and transition remedies.
- Track actual staffing, programming, exclusions, costs, and broken promises.
FAQ
Can parents sue for money?
Possibly, but Article 78 is primarily designed to review agency action. Damages in Article 78 must generally be incidental to the primary relief. A separate damages action requires an independent legal claim, actual injury, causation, and compliance with potentially short deadlines. Submitting a website statement does not file a claim or preserve a deadline. Families with documented costs, lost wages, medical consequences, exclusion, or disability-related harm should request confidential legal review.
I have already suffered financial or disability-related harm →Routes to private legal intake. Confidential; reviewed by counsel.