Filing IDEA Claims in NYC: What Parents Need to Know About the Statute of Limitations

Introduction

For parents of children with disabilities in New York City, the Individuals with Disabilities Education Act (IDEA) provides protections to ensure their child receives a free and appropriate public education (FAPE). If the New York City Department of Education (NYC DOE) fails to provide necessary services, parents have the right to challenge its decisions through a due process complaint and an impartial hearing. However, parents must file their due process complaint within a specific timeline, referred to as the statute of limitations.

Failing to file within the required timeframe can mean that your case may be dismissed and you will not be able to get the relief that you seek. In this post, we’ll explain the statute of limitations for IDEA claims, when the clock starts ticking, and exceptions to the rule.

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What Is an Impartial Hearing? A Guide for Parents of Students with Special Needs

If you’re a parent of a child with special needs, you may have heard the term “impartial hearing” mentioned by your child’s school, another parent, or a professional. But what does it actually mean? Understanding impartial hearings is a critical step in advocating for your child’s education, especially when things aren’t going as planned.

What Is an Impartial Hearing?

An impartial hearing is a legal process designed to resolve disputes between parents and school districts regarding a child’s education. If your child isn’t receiving the services outlined in their Individualized Education Program (IEP) or if the school’s program isn’t meeting their needs, you have the right to request an impartial hearing to address and resolve these issues. Think of it as a way to ensure your child’s educational rights are protected under the law.

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