Families often come to us feeling frustrated, unheard, or unsure of what comes next. You want your child to receive appropriate support at school, but delays, vague answers, or outright refusals from a school district can stall progress. When that happens, legal support can move things forward and help you protect your child’s educational rights.
Below are common situations where working with one of our NYC special education attorneys can make a meaningful difference.
When the School Delays or Refuses an Evaluation
If you suspect your child has a disability and request an evaluation, the school has a legal duty to respond within required timelines. Delays, repeated requests for “more time,” or a flat refusal may violate federal law. Schools are required to identify and evaluate students who may need special education services.
When this process stalls, we can step in to push for evaluations to occur and help you document the school’s failure to act.
When Eligibility Is Denied Despite Clear Needs
Sometimes a school conducts evaluations but decides a child does not qualify for services. This can happen even when teachers, therapists, or outside providers have raised concerns. A denial may be based on incomplete testing or narrow interpretations of eligibility criteria.
Legal review of evaluation reports, independent assessments, and classroom data can help challenge an improper denial and support eligibility under IDEA or Section 504.
When an IEP Does Not Address Your Child’s Needs
Qualifying for services is only the first step. An IEP must include appropriate goals, services, and supports. Warning signs include goals that are not measurable, missing therapies, limited accommodations, or placements that do not reflect your child’s needs.
We attend meetings with you, ask direct questions, and press for clear services and supports tied to documented needs.
When the School Fails to Follow the IEP
An IEP is a binding document. If services listed in the plan are not being delivered, such as speech therapy, counseling, or a required aide, the school is out of compliance. Repeated lapses can affect your child’s progress and well-being.
Legal involvement helps document these failures and seek corrective action, including compensatory services when appropriate.
When Discipline Is Linked to a Disability
Students with disabilities have protections when disciplinary action is tied to their disability. Frequent suspensions, removals, or threats of expulsion may trigger additional safeguards, including a Manifestation Determination Review.
We help families prepare for these meetings and advocate for behavioral supports rather than exclusion from school.
When Disputes Escalate
Some disagreements cannot be resolved through meetings alone.
Due process complaints: These are formal proceedings with strict rules, evidence requirements, and timelines. Representing yourself can be difficult when the district has legal counsel.
Settlement offers: Districts may propose agreements that include tuition reimbursement, services, or placement changes. These documents carry long-term consequences and should be reviewed carefully before signing.
Having counsel involved allows you to evaluate whether an offer actually addresses your child’s needs.
Planning Ahead Can Prevent Larger Problems
Legal help is not limited to conflict situations. Early involvement can prevent disputes from escalating.
Transitions from Early Intervention: Moving from EI to preschool or school-age services involves new eligibility standards and service models. Support during this shift helps avoid gaps in services.
Changing school districts: A move can disrupt services and lead to changes in programming. Advocacy helps push for comparable services while new evaluations are completed.
Exploring private placement: If a public school cannot provide a free appropriate public education, private placement and tuition reimbursement may be an option. This process requires advance notice, documentation, and adherence to deadlines.
Why Timing Matters
Parents have limited time to challenge violations. In most cases, due process claims must be filed within specific timeframes tied to when you knew, or should have known, about the issue. Missing a deadline can limit your options.
Working with our NYC special education attorneys helps you stay aware of these timelines and take action when it matters most.
Support That Stays Focused on Your Child
At Susan Luger Associates, we work with families across New York to address IEP disputes, eligibility issues, placement concerns, and reimbursement claims. We take a direct, practical approach and keep the focus on what your child needs to access their education.
If you have concerns about your child’s services or feel the school is not meeting its obligations, reach out to us. A timely conversation can clarify your options and help you decide next steps with confidence.
