If your child has an IEP or may need one, federal and New York law give you real rights in the process. You are an equal member of your child’s team, not a bystander. This guide covers the basics every New York parent should know.

Outside New York City, your child’s team is called the Committee on Special Education (CSE). New York City uses the term IEP team, but the core rights are the same. Looking for Connecticut? See our Connecticut guide.

Your child’s core rights under IDEA

The Individuals with Disabilities Education Act (IDEA) is the federal law behind special education. It guarantees:

• A free appropriate public education (FAPE): special education and related services at no cost to you, designed to meet your child’s unique needs.
• Education in the least restrictive environment (LRE): your child learns alongside peers without disabilities to the greatest extent appropriate.
• An individualized education program (IEP): a written plan with goals, services, and supports, built by a team that includes you.

What are my rights at a CSE meeting?

• You should be told about the meeting in advance, generally at least 5 days beforehand.
• You are a full member of the team, and your concerns and input must be considered.
• You may bring someone with you, such as an advocate, a family member, or a professional who knows your child.
• You may ask questions, request clarification, and ask the team to explain jargon or data.
• You do not have to agree to everything on the spot. You can ask for time to review.

How long does the school have to evaluate my child?

In New York, the evaluation timeline runs from the date you give written consent, not from the date you ask. Generally, the school has 60 school days after receiving your consent to complete the evaluation, hold the CSE meeting, and arrange services if your child is found eligible. Timelines can differ slightly by district and situation, so ask the school for the exact dates in writing.

The school must send you a consent form after you refer your child. In New York City, that form is due within 10 school days of the referral request.

Do I have to give permission before my child is evaluated or receives services?

Yes. The school must give you written notice and get your informed consent before an initial evaluation and, separately, before special education services begin. Consent to evaluate is not consent to provide services. If you decline consent for services, the school cannot use a due process hearing to override that decision.

Will I get written notice of decisions?

Yes. Whenever the school proposes or refuses to change your child’s identification, evaluation, placement, or services, it must give you Prior Written Notice (PWN) explaining what it plans to do and why. If the action needs your consent, the notice comes at the same time as the consent request.

What if I disagree with the school’s evaluation?

You have the right to request an independent educational evaluation (IEE) at public expense if you disagree with the school’s evaluation. The school must, without unnecessary delay, either pay for the IEE or file for a hearing to defend its own evaluation. You are entitled to one publicly funded IEE for each school evaluation you disagree with.

Can I see my child’s records?

Yes. You have the right to inspect and review your child’s education records. The school must respond without unnecessary delay, before any IEP meeting or hearing, and no later than 45 calendar days after your request. Ask in writing, and ask well before important meetings.

How often is the IEP reviewed?

Under federal law, the IEP must be reviewed at least once a year, and your child must be re-evaluated at least every three years unless you and the school agree it is not needed. You can ask for a meeting sooner if something isn’t working.

What can I do if we still can’t agree?

You have options beyond the meeting table:

• Ask for another CSE or IEP team meeting to revisit the issue with specific data or concerns.
• Request mediation. It is voluntary for both sides, free to you because the State pays for it, and cannot be used to delay your hearing rights.
• File a State complaint with the New York State Education Department if you believe the school violated special education law. The violation generally must have happened within the past year, and the State aims to resolve complaints within 60 calendar days.
• Request an impartial due process hearing for disputes over evaluation, eligibility, placement, or services. You generally must ask within two years of when you knew, or should have known, about the problem.

These processes have deadlines, so don’t wait too long to act. The school must give you a Procedural Safeguards Notice that explains the current time limits.

What about a 504 plan?

Section 504 of the Rehabilitation Act protects students with disabilities who need accommodations to access their education, even if they don’t qualify for an IEP. The procedural protections are lighter than under IDEA, but you still have the right to notice, to review records, and to participate in decisions.

Helpful official resources

• New York State Education Department Procedural Safeguards Notice for parents (PDF)
• IncludeNYC: special education timeline for New York City families

This page offers general information, not legal advice. Laws and timelines can change, and every child’s situation is different. For legal questions, consult a special education attorney.