Answers to Common Questions

In New York City, the “Turning Five” process is the way the Department of Education ensures that children who are about to enter kindergarten receive the special education supports they need. It’s especially relevant for children who have already received preschool special education services through the Committee on Preschool Special Education (CPSE), but it also applies to children who may not yet have an IEP but are suspected to need support once they start school.

For children already receiving preschool services, the process begins automatically. The CPSE refers the child’s file to the Committee on Special Education (CSE), which handles school-age programs. Families receive a formal “Notice of Referral” that informs them the DOE is reviewing their child’s needs for kindergarten. For children without a preschool IEP, parents or qualified professionals can submit a referral to start the process.

Once the referral is made, the DOE team reviews the child’s existing records. Sometimes, additional evaluations are needed to determine the child’s current academic, developmental, or functional needs. With parental consent, the DOE may conduct assessments in areas such as speech, cognitive skills, or other developmental domains.

After the review and any necessary assessments, an IEP meeting is scheduled, usually in the spring, to determine eligibility for school-age special education services. If the child qualifies, the team develops a kindergarten IEP that outlines recommended supports, services, accommodations, and placement.

Finally, if services are recommended, the family receives a notice of the child’s placement, including the school and program where services will be provided.

If your child is having difficulty in a general education classroom, you are not alone and you have options. A child who struggles academically, behaviorally, socially, or emotionally may need additional supports, and the law requires the school district to evaluate and determine what services or placement would meet those needs.

The first step is to request an evaluation through the Committee on Special Education (CSE). This assessment looks at your child’s learning profile, strengths, challenges, and any suspected disabilities. Based on the results, the CSE may recommend supports such as:

• Small-group instruction
• Related services (speech, OT, counseling, PT)
• Classroom accommodations or modifications
• A paraprofessional
• A special education class or specialized program

If the district cannot provide an appropriate program, you may also have the right to seek a private school placement and pursue tuition reimbursement.

No matter where you are in the process, your child’s struggles are a valid reason to seek help. The law is designed to ensure that every student receives an education that meets their unique needs. If the general education setting isn’t working, there are mechanisms in place to get more support — and we can guide you through each step.

Under the federal Individuals with Disabilities Education Act (IDEA), every student with a disability has a right to a Free Appropriate Public Education (FAPE).

“Tuition reimbursement” refers to a legal pathway where parents can seek reimbursement from the New York City Department of Education (NYC DOE) if they place their child in a private special‑education school because the public school system failed to provide an adequate or appropriate program under the child’s Individualized Education Program (IEP).

In other words: if the public school (or DOE) doesn’t meet the child’s needs under FAPE, parents may pay privately — then ask DOE to reimburse them or require DOE to pay — under certain circumstances.

To be eligible for tuition reimbursement (or funding for private placement), families generally need to follow a two‑step legal standard, often called the Burlington/Carter test.
Specifically, parents must demonstrate:

1. The public school (or DOE) failed to provide FAPE — meaning the IEP or public school services were inappropriate, insufficient, or poorly implemented for the child’s needs.

2. The private school selected is appropriate — The standard hinges on whether the private school provides instruction that is specially designed to meet the unique needs of a student by adapting the content, methodology, or the delivery of the instruction based on the individual needs of the student.

3. Equities favor reimbursement — meaning the parents followed required procedures (for example, notifying the district before withdrawing the child, giving adequate notice, cooperating in evaluations, etc.), and the cost and placement are reasonable.

The burden of proof is on the school district during an impartial hearing, except that a parent seeking tuition reimbursement for a unilateral placement has the burden of proof regarding the appropriateness of such placement.

In NYC, the tuition reimbursement process is notoriously slow, and the timeline depends on whether the case settles or goes to a full hearing. It can take as long as two years in some instances.

Yes. Your case will be assigned to one of our experienced attorneys, who will serve as your primary point of contact and will manage all of the legal strategy and advocacy for your matter.

We use a team-based model because we’ve found that collaboration leads to stronger outcomes for our clients. While your attorney will lead the case, you may also interact with additional attorneys, paralegals, and support staff who assist with drafting, research, scheduling, and case preparation. This ensures that your case benefits from multiple perspectives, faster turnaround times, and consistent coverage.

You will always have a dedicated attorney responsible for your case, while also gaining the advantage of a full team working together to achieve the best possible result.

Yes, the consultation fee is $550. You will leave the consultation with a comprehensive roadmap.

After your consultation, your case will be assigned to an attorney who will serve as your primary point of contact and will manage all of the legal strategy and advocacy for your matter.