This overview is based on the NYC DOE’s official Procedural Safeguards Notice, reshaped here into a clearer, more readable guide for parents who want an approachable understanding of their rights. It reflects what the law actually provides—and what you can actually insist on—when advocating for your child.
If your child is struggling in school or not receiving appropriate support, you may have legal rights under the Individuals with Disabilities Education Act (IDEA) — the federal special education law that protects eligible students with disabilities.
Your Role and Voice
You are a full, equal participant in every decision about your child’s evaluations, services, and educational placement. Schools must give you written notice before making changes or refusing requests, and the information must be provided in a language and format you can understand. You may communicate by email, ask for clarification, and request additional explanations. You are entitled to take the time you need before agreeing to anything.
Your Right to Consent
Key steps—such as initial evaluations and the start of special education services—require your consent. You may grant consent, withhold it, or withdraw it later. Your agreement is not a one‑time surrender of control; it is a continuing choice. The system is designed so that you retain decision‑making authority, not just the appearance of it.
Your Right to Independent Evaluation
If you disagree with an evaluation performed by the school, you may seek an independent educational evaluation from a qualified outside professional. In many situations, the district must pay for it. This independent assessment must then be considered during decision‑making. It is often one of the most effective ways to correct inaccurate or incomplete conclusions about your child’s needs.
Your Access to Information
You have the right to review your child’s records at any time, including evaluations, IEPs, progress monitoring, disciplinary documentation, and anything else that informs educational decisions. You may request copies, ask for corrections, and obtain translations. Your child’s records are confidential, and the school must maintain a log showing who has accessed them.
Your Right to Challenge School Decisions
If you disagree with the school’s decisions—whether about classification, placement, services, implementation, or evaluation—you may challenge those decisions through several processes. Mediation is an informal, collaborative option facilitated by a neutral professional. More formal avenues include filing a complaint with the State or initiating an impartial hearing. These processes exist to ensure the school is not the final arbiter of what your child needs.
Protections in Disciplinary Situations
When a school proposes disciplinary action that could significantly change your child’s educational placement, additional legal protections apply. A review must determine whether the conduct was connected to your child’s disability or whether the school failed to implement the IEP. Even during removals, your child maintains the right to appropriate educational services.
Your Child’s Right to Services—and What Happens When They Aren’t Provided
The services listed in your child’s IEP are legal entitlements. If sessions are missed, reduced, or delayed, your child may be owed compensatory services to make up for what was lost. You are fully within your rights to request service logs, question discrepancies, or seek remedies when the school fails to deliver what is required.
Your Right to Legal Remedies, Tuition Funding, and Reimbursement
When the school district does not provide your child with a free appropriate public education, the law gives families access to powerful legal remedies. In certain situations—such as when the district fails to evaluate appropriately, offer an appropriate placement, or implement services—you may pursue private school tuition reimbursement or direct funding for a unilateral placement. Families may also seek reimbursement for privately obtained services, evaluations, or supports that became necessary only because the district did not uphold its obligations. These remedies exist precisely because parents should not have to bear the financial cost of the school system’s failures.
The Dispute Resolution Process and Why Representation Matters
Although parents can navigate disputes on their own, the system is complex—procedurally, strategically, and evidentiary. The difference between a successful outcome and an unsuccessful one often turns on documentation, timelines, expert testimony, and procedural precision. Legal counsel helps ensure your claims are framed correctly, deadlines are met, evidence is properly presented, and remedies such as tuition reimbursement or compensatory services are fully pursued. Attorneys can also help families avoid common pitfalls that unintentionally limit available remedies.
Your Right to Support
You are not expected to interpret this system by yourself. You may seek assistance from school personnel, parent‑support organizations, advocates, or legal counsel. You are entitled to ask questions, request explanations, and obtain guidance at any point. Your concerns and observations about your child are not only relevant—they are essential.
Talk to a SkyerLaw partner about your child’s education rights and options. Together, we’ll chart the best path forward.
