Families across New York rely on special education laws to protect their children’s access to learning. These rights are not abstract ideas—they control how schools evaluate students, deliver services, and respond when a child is struggling. When you understand what the law provides, you're better positioned to speak up and respond when something feels off.
Understanding your rights is only part of the equation. Using them effectively requires preparation, documentation, and follow-up. This is where working with our NYC special education lawyers and advocates can help you stay organized and focused on next steps. The following information focuses on the core special education rights available to families in New York and how those rights apply in real school situations.
The Legal Rights That Protect Students With Disabilities
Special education rights come from a combination of federal and state law. The Individuals with Disabilities Education Act (IDEA) applies to students who qualify for special education services. It requires schools to provide a free appropriate public education tailored to a child’s needs.
Section 504 of the Rehabilitation Act applies more broadly and protects students who need accommodations to access school programs, even if they do not qualify for special education.
New York law adds structure to these protections by setting timelines for evaluations, outlining parental participation rules, and requiring schools to document decisions. Together, these laws give parents the right to participate, question decisions, and request changes when services fall short.
Further reading: Section 504 vs. IDEA: What’s Best for Your Child in New York?
Your Right to an Evaluation
A school cannot ignore concerns about a child’s learning or behavior. Parents have the right to request an evaluation when they suspect a disability. Once that request is made in writing, the school must respond within defined timeframes and seek parental consent before testing.
Evaluations must cover all suspected areas of need. If testing is limited or incomplete, parents can challenge the results and request additional assessment. When you disagree with the school’s findings, you may also request an independent educational evaluation.
Your Rights During IEP Development
If a child qualifies for special education, the next step is creating an Individualized Education Program. Parents are full members of the IEP team and have the right to participate meaningfully in meetings.
That means you can:
Ask questions about proposed goals and services
Request changes before agreeing to the plan
Receive written explanations when the school refuses a request
An IEP should clearly state what services will be provided, how often, and where. Vague language makes it harder to hold the school accountable.
The Right to Services as Written
Once an IEP is finalized, the school must follow it. Services listed in the plan are not optional. If therapy sessions are missed, accommodations ignored, or supports delayed, that is a violation of your child’s rights.
Parents have the right to raise concerns in writing, request meetings, and seek corrective action when services are not delivered as agreed.
Placement and Program Rights
Students with disabilities are entitled to be educated in settings that match their needs. For some students, this may be a general education classroom with supports. For others, a different setting may be required.
When a public school cannot provide an appropriate program, families may explore private options, including residency placement. In some cases, parents may also pursue tuition imbursement when a district fails to offer a suitable public program. These options involve notice rules and deadlines, making early planning important.
Rights When Disagreements Arise
Disputes may come up over eligibility, services, or placement. Parents have the right to challenge school decisions through several formal options, including mediation, impartial hearings, and state complaints.
These processes exist to resolve disagreements and hold schools accountable when legal obligations are not met.
What to Do After a Denial
If your child is denied services, you have the right to review the evaluation reports in full and request a meeting to discuss the decision. You can submit written objections, request further testing, or seek independent evaluations.
Keeping written records of communication helps establish a clear timeline and supports future action if needed.
Exercise Your Rights Effectively
At Susan Luger Associates, we work with families throughout New York to address evaluation concerns, IEP disputes, placement issues, and service failures. We focus on clear communication and practical solutions that keep your child’s needs at the center of every decision.
If you have questions about your child’s rights or feel the school is not meeting its obligations, contact us to talk through your situation. A timely conversation can help you decide what steps to take next and how to move forward with confidence.
