If you’re the parent of a child with special needs in New York City, navigating the education system can feel overwhelming. You want what’s best for your child, such as a program that meets their unique needs, helps them thrive, and respects their right to a free and appropriate public education (FAPE). But what happens when the public school system isn’t providing that?

The good news is, if your child’s Individualized Education Program (IEP) isn’t appropriate, the NYC Department of Education (DOE) isn’t placing them in the right program, or the DOE isn’t delivering the services listed in the IEP, you might have a claim to seek funding for a private school or program that meets your child’s needs.

Understanding Your Options

Here’s a general breakdown of when you might have a claim:

• Inappropriate IEP: If you disagree with the IEP developed for your child and believe it doesn’t offer the services and supports that are necessary for them to make progress, this could be grounds for a claim.
• Improper Placement: If the DOE places your child in a program or school that can’t meet their needs—for example, a program that lacks the right staff, services, or environment for your child—you have the right to challenge that public placement recommendation.
• Missed or Incomplete Services: If your child isn’t receiving the services outlined in their IEP, such as occupational therapy, speech therapy, or ABA support, this is a violation of their rights and can lead to a denial of FAPE.

The Process Can Be Complicated But You Don’t Have to Navigate It Alone

The process of securing private school funding can be complex. It often involves documenting the deficiencies in the DOE’s program, filing a due process complaint, and proving that the private school placement you choose is appropriate. Often then claims result in an impartial hearing. Every family’s situation is different, and the steps required can vary.

That’s why it’s so important to get personalized guidance. At my firm, we represent families of children with special needs. We understand the challenges you face, and we’re here to help you take the next steps.

Let’s Talk About Your Case

If you believe your child isn’t getting the education and services they deserve, don’t wait to act. Contact me for a free consultation. We’ll discuss your child’s needs, review their IEP, and create a plan to help them get the support they deserve.

Your child’s future is worth fighting for, and we’re here to support you every step of the way.