If your child has a disability that affects their ability to learn, New York City public schools are legally required to evaluate them, provide appropriate services, and educate them in the least restrictive environment possible. These are not optional accommodations — they are federal and state legal rights. Understanding those rights is the single most important thing a parent can do to ensure their child gets the support they need. This guide explains the IEP process, 504 plans, how to request evaluations, and what to do when the school isn’t doing enough.
The Two Main Frameworks: IDEA and Section 504
IDEA — Individualized Education Programs (IEPs)
The Individuals with Disabilities Education Act (IDEA) requires public schools to provide a Free Appropriate Public Education (FAPE) to students with disabilities from age 3 through 21. Students who qualify receive an Individualized Education Program (IEP) — a legally binding document specifying their disability classification, educational goals, services the school must provide (speech therapy, occupational therapy, counseling, paraprofessional support, etc.), and their educational placement.
Section 504 Plans
Section 504 of the Rehabilitation Act protects students with disabilities who don’t qualify for an IEP but still need accommodations. A 504 plan provides modifications and accommodations — extended time on tests, preferential seating, reduced homework, use of assistive technology — without special education services. 504 plans are less formal than IEPs but still legally binding.
Disability Categories Under IDEA
A student can qualify for an IEP under any of 13 federal disability categories:
- Autism spectrum disorder
- Emotional disturbance
- Learning disability (dyslexia, processing disorders)
- Speech or language impairment
- Intellectual disability
- Other health impairment (ADHD, epilepsy, asthma, chronic conditions)
- Orthopedic impairment
- Visual impairment
- Hearing impairment / deafness
- Traumatic brain injury
- Multiple disabilities
- Deaf-blindness
- Developmental delay (ages 3–9)
How to Request an Evaluation
The evaluation process starts with a written request. Either a parent or a teacher can initiate it:
- Submit a written request to the school principal or your child’s teacher asking for a special education evaluation. Email is best — it creates a timestamp and paper trail. State that you are requesting an evaluation under IDEA.
- The school has 60 days from receipt of your consent to complete the evaluation. Schools sometimes delay — follow up in writing if you don’t hear back within 2 weeks.
- The school will ask you to sign an evaluation consent form. Read it carefully — it specifies what evaluations will be conducted.
- Evaluations are free and conducted by school psychologists, speech therapists, occupational therapists, and other specialists as relevant.
- After evaluation, the Committee on Special Education (CSE) holds a meeting to review results and determine if your child qualifies for an IEP.
The IEP Meeting: Your Rights as a Parent
You are a full member of your child’s IEP team with specific rights:
- Right to meaningful participation: You must be able to actively contribute — not just be present as an observer
- Right to an interpreter if you don’t speak English
- Right to bring an advocate or attorney to the meeting
- Right to review all evaluations before the meeting
- Right to disagree with the IEP and request changes
- Right to an independent evaluation at public expense if you disagree with the school’s evaluation
- Right to prior written notice any time the school proposes or refuses to change your child’s services
What the IEP Must Include
- Present levels of academic achievement and functional performance
- Measurable annual goals
- Special education and related services the school will provide (and how often)
- Explanation of how much time the child will spend in general education settings
- Accommodations for state and district testing
- Transition planning for students 15 and older
When the School Isn’t Providing Required Services
If the school is not implementing the IEP — services are missing, the placement is wrong, or evaluations are overdue — you have escalating options:
- Document everything in writing — emails to the principal and teacher requesting compliance
- File a complaint with the NYS Education Department — SED investigates IEP compliance complaints within 60 days: (518) 473-0170 or through the SED website
- Request mediation — a free, voluntary process to resolve disputes between parents and the school
- File for an impartial hearing — a formal legal proceeding before an Impartial Hearing Officer. You can be represented by a free attorney from Advocates for Children, Legal Aid Society, or other legal organizations
- Compensatory services — if the school fails to provide required services, you may be entitled to make-up services for the time services were missed
Preschool Special Education (CPSE)
Children ages 3–5 with disabilities are evaluated by the Committee on Preschool Special Education (CPSE) rather than the CSE. Services can include speech therapy, occupational therapy, physical therapy, and special instruction — provided at school or in your home. Contact your local school district’s CPSE coordinator to request a preschool evaluation.
Free Advocacy and Legal Help
- Advocates for Children of New York: (212) 947-9779 | advocatesforchildren.org — free special education advocacy and legal representation
- Legal Aid Society: (212) 577-3300 — special education legal services
- NYC Department of Education — Office of Special Education: (718) 935-3000
- NYS Education Department Special Education Office: (518) 473-0170
- Disability Rights Advocates: dralegal.org — systemic disability rights advocacy
Frequently Asked Questions
My child has ADHD. Do they qualify for an IEP?
ADHD can qualify under the “Other Health Impairment” category if it adversely affects educational performance. Request an evaluation in writing — the school will assess whether the ADHD meets the threshold for special education eligibility. Even if an IEP is not warranted, a 504 plan with accommodations (extended time, preferential seating, reduced distractions) is often appropriate for students with ADHD.
The school evaluated my child and said they don’t qualify. What can I do?
You have the right to request an Independent Educational Evaluation (IEE) at public expense if you disagree with the school’s evaluation. The school must either fund the IEE or file for a hearing to defend their evaluation. Contact Advocates for Children at (212) 947-9779 for guidance on obtaining an IEE.
What is the difference between an IEP and a 504 plan?
An IEP provides special education services and a modified curriculum under IDEA. A 504 plan provides accommodations (modifications to how the child accesses the curriculum) without specialized instruction. IEPs have more robust legal protections and procedural requirements. Students with more significant educational needs typically need an IEP; students who can access general education with adjustments may do well with a 504 plan.
My child’s school says there are no available spots in the appropriate program. What are my rights?
Lack of available spots is not a legal defense to failing to provide FAPE. The DOE must find or create an appropriate placement. If placement has been delayed for more than 30 days after the IEP is finalized, contact Advocates for Children immediately — you may be entitled to compensatory placement. This is one of the most common and most serious violations the DOE commits.
