School Placements: What Parents Should Know for the 2026-27 School Year
As we prepare for the 2026-27 school year, families pursuing special education services and tuition funding should be aware of an important trend emerging in New York City impartial hearings.
In recent years, many tuition reimbursement cases focused primarily on whether the New York City Department of Education (“DOE”) offered a free appropriate public education (“FAPE”). However, Hearing Officers are increasingly scrutinizing not only the DOE's program but also the appropriateness of the private school selected by parents.
A Shift in Focus Toward the Private School
Under the well-established Burlington/Carter framework, parents seeking tuition reimbursement must generally demonstrate three things:
- The DOE failed to offer a FAPE;
- The private school selected by the parents was appropriate; and
- Equitable considerations support reimbursement.
Historically, much of the litigation centered on the first prong. Recently, however, we have observed greater attention being paid to the second prong, which is the appropriateness of the unilateral placement.
District attorneys and Impartial Hearing Officers are asking more detailed questions about how private schools address a student’s specific educational needs, what specialized instruction is being provided, how progress is being measured, and whether the school is delivering individualized supports designed to help the student succeed.
Increased Demand for Objective Evidence of Progress
One of the most significant developments we have observed is the growing demand from both the DOE and Hearing Officers for objective evidence demonstrating that a student is making educational progress at the private school.
In the past, testimony from teachers, administrators, and related service providers was often sufficient to establish that a student's program was appropriate. While testimony remains important, Hearing Officers are increasingly looking for contemporaneous documentation showing not only that a student is progressing, but how that progress is being measured and monitored.
Specifically, we are seeing requests for:
- Individualized goals and benchmarks;
- Progress reports tied to specific areas of need;
- Data demonstrating academic, social, emotional, or behavioral growth;
- Internal assessments and achievement measures;
- Documentation of management strategies and accommodations;
- Evidence of specially designed instruction;
- Detailed descriptions of instructional methodologies and interventions; and
- Records showing how the school adjusts programming in response to a student's needs.
The DOE has likewise become more aggressive in challenging private school placements where documentation is limited or where progress is described only in general terms. As a result, schools and families should expect increased scrutiny regarding whether there is sufficient documentation demonstrating that the student's program is addressing their unique needs and producing meaningful educational benefit.
Documentation Matters More Than Ever
As a result of this increased scrutiny, documentation has become increasingly important.
Families should ensure that they retain:
- Progress reports;
- Report cards;
- Related service reports;
- Teacher narratives;
- Internal assessment data;
- Documentation regarding instructional methodologies;
- Information regarding accommodations and supports provided by the school.
The strongest cases are often those in which the record clearly demonstrates not only that the student is attending an appropriate school, but also how the school's program is specifically addressing the student's unique needs and supporting measurable progress.
What Parents Can Do Now
Parents should not wait until a hearing is scheduled to begin gathering documentation. In fact, parents should begin gathering documentation before any due process complaint is filed. Throughout the school year, families should maintain records that demonstrate their child's progress and the supports being provided by the private school.
How We Can Help
The landscape of special education litigation is constantly evolving, and the attorneys at our firm closely monitor developments in New York City impartial hearings, State Review Officer decisions, federal and state case law, and emerging trends in DOE litigation strategy. As Hearing Officers and the DOE continue to demand more robust documentation of student needs, specialized instruction, and objective progress, we are working proactively with families and schools to ensure that our clients are well positioned for success.
We remain at the forefront of these developments and continuously adapt our strategies to address evolving expectations in the hearing process. Whether you have questions about an upcoming IEP meeting, a school recommendation, tuition reimbursement, pendency rights, evaluations, or due process proceedings, our attorneys are here to guide you through the process and advocate for your child's educational needs.
