North Haven’s Board of Education has sued New Haven’s Board of Education for allegedly failing over the past four years to fully pay the suburb for special education services it’s provided to New Haven students through the Open Choice Program. North Haven’s school board filed that lawsui t in state court on Jan. 8. Click here to read the 14-page complaint in full. While New Haven’s Board of Education has yet to file an appearance or formal response in the case, Mayor Justin Elicker described the lawsuit as “incredibly disappointing” and urged North Haven to drop the matter as the two sides work to resolve disagreements over the interpretation of relevant state law. (See more below for Elicker’s full response.) CT Insider’s Jessica Sims first reported on the lawsuit here. The lawsuit claims that New Haven owes North Haven a total of  $508,981.73 for special education services dating back to 2020. It accuses New Haven of “consistent refusal” to pay legally required costs associated with educating city students who attend North Haven Public Schools. New Haven has been sending students to North Haven as part of the Open Choice Program since 2020. The lawsuit comes several months after New Haven Public Schools (NHPS) Chief Finance Officer Amilcar Hernandez reported in August that the district was actively contesting $589,000 in unspecified special education-related tuition costs. According to North Haven’s lawsuit, between the 2020-21 through the 2024-25 school years, New Haven made partial payments but still owes North Haven more than $500,000. The year-by-year breakdown included in the filing shows that for the 2020–21 school year, North Haven invoiced New Haven $66,075.18, with $38,538.18 remaining unpaid after partial payment. For 2021–22, North Haven invoiced New Haven $211,768.99, with $185,346.04 left unpaid. In 2022–23, the invoiced amount was $185,053.20, with $185,053.20 still owed. For the 2023–24 school year, North Haven billed $132,367.55, of which $111,431.21 remains unpaid. In 2024–25, North Haven invoiced $212,854.81, which North Haven states remains fully unpaid. The lawsuit cites Connecticut General Statutes §10-266aa, which requires “sending districts” to pay “receiving districts” a portion of the reasonable cost of providing special education services. North Haven argues that under this state law, New Haven has no legal basis to refuse payment. The lawsuit states that New Haven’s actions have been “to the detriment of North Haven’s students.” Despite the alleged nonpayment, North Haven has been forced to provide all required educational accommodations and special education services to New Haven students, as required under state law and the Individuals with Disabilities Education Act (IDEA). The lawsuit also notes that New Haven has “never questioned, challenged, or otherwise objected to the reasonableness of the services plaintiff North Haven has been providing.” The lawsuit warns that the financial dispute is likely to continue into the current school year and after unless resolved by the court. It also names Executive Director of Student Services Typhanie Jackson as the person who has allegedly “refused” to compensate North Haven for its services, as Jackson is the supervisor of the Open Choice Program for New Haven. The lawsuit states that Jackson “represented to plaintiff that defendant would participate and comply with the law relating to the Open Choice Program, including that defendant New Haven would meet its obligation under these laws.” “Defendant New Haven acting through Jackson, knew or should have known that such representations were false,” the lawsuit concludes. Mayor: “Reasonable” Definition In Dispute In response to the lawsuit, New Haven Mayor Justin Elicker criticized North Haven for its decision to pursue legal action in this case, calling the move “incredibly disappointing.” In a statement provided to the Independent Friday, Elicker — who is also a voting member on the Board of Education — said that New Haven’s and North Haven’s school boards interpret the state law differently. “There is clearly a disagreement between our school districts on the interpretation of the state statue on this matter and what qualifies as ‘reasonable’ special education costs,” Elicker said, “and that needs to be resolved and clarified by our districts and the state.” He added that the lawsuit will result in significant legal fees and staff time that would be better spent supporting students and teachers in classrooms for both school districts. “Just like our municipalities are working together on important regional issues, our school districts should be working together as well to advocate for more special education funding for all our students, not  pitting ourselves against each other,” Elicker said. “I sincerely hope that North Haven Public Schools will reconsider this lawsuit and that our school districts can work together to find an amicable solution that provides our students with the resources and supports they need.” The post North Haven Sues New Haven Over Special Ed Reimbursements appeared first on New Haven Independent. ...read more read less