When your child is receiving special education services in New York State, knowing your rights isn’t just helpful; it’s empowering. Parents and guardians of children with disabilities are legally protected under both federal and state laws. These protections ensure that your child receives the education, support, and respect they deserve.
Navigating special education law can feel overwhelming at times. The language is often complex, and the process may involve more meetings, paperwork, and decisions than expected. But understanding your rights puts you in a stronger position to advocate for your child and make informed choices every step of the way.
This guide outlines the key rights you hold under New York’s special education system, and how those protections can support your child’s success, both in school and beyond.
- The Right to a Free Appropriate Public Education (FAPE)
Every child with a disability in New York is entitled to FAPE, but what does that really mean?
FAPE ensures that your child has access to an education that is not only free, but also appropriate for their individual needs. This education must take place in the least restrictive environment possible and include supports, accommodations, and services outlined in the child’s IEP (Individualized Education Program).
This might include:
- Speech, occupational, or physical therapy
- Behavioral supports or counseling
- Specialized instruction or classroom modifications
- Assistive technology
- Transportation to and from school, if needed
FAPE is a promise that your child’s educational experience should be meaningful, accessible, and designed to help them make progress toward their goals.
- The Right to Participate in the Decision-Making Process
As a parent, you are a full member of your child’s Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE). This means you have the right to be part of:
- Evaluations and assessments
- Eligibility decisions
- IEP development and placement recommendations
- Annual reviews and progress updates
You can bring notes, ask for more time, and request clarity. You can also invite someone you trust to attend meetings with you, such as an advocate, family member, or therapist. Your experience and insight provide valuable context that no test or data point can offer.
3. The Right to Consent (or Decline) Services
Before the school district can evaluate your child or provide special education services, they must get your written consent. This gives you the opportunity to fully understand what is being proposed and ask questions before making a decision.
Importantly:
- You can say no to evaluations or services you’re not comfortable with.
- You can withdraw your consent at any time (for future services).
- You have the right to request evaluations if you believe your child may need support, even if the school hasn’t initiated the process.
Consent is an ongoing right that allows you to direct your child’s educational journey with intention.
4. The Right to Prior Written Notice
Sometimes, changes are proposed that impact your child’s education: a new service, a change in placement, or even the decision not to move forward with a request you’ve made. In these moments, you have a legal right to receive Prior Written Notice, which is a formal explanation from the school district.
Here’s what that document must include:
- What the school intends to do (or refuse to do)
- Why they are making that decision
- How they reached that conclusion (based on assessments, observations, or data)
- What other options were considered and why they weren’t chosen
- Your rights to take further action if you disagree
This document gives you time to ask questions, consider your child’s needs, and respond in a meaningful way.
Remember: nothing should happen to your child’s services, placement, or supports without clear communication and your full understanding.
5. The Right to Access and Review Educational Records
Let’s say your child had a recent evaluation. Or a change was made to their IEP, and you’re not sure why. Or maybe you’re preparing for a meeting and want to see past progress reports.
You have the legal right to access all of this information.
Here’s how it works, step-by-step:
Step 1: Submit a written request to your child’s school or district office asking to review their educational records.
Step 2: The school must respond and give you access within 45 calendar days.
Step 3: Once you have the records, review them carefully. If anything looks incorrect, outdated, or incomplete, you can ask for changes.
Step 4: Keep copies of anything important, especially IEPs, evaluations, and communication logs. These documents can help you track your child’s progress and prepare for future decisions.
Educational records are your window into how your child is being supported. Reviewing them regularly can help you stay informed, spot concerns early, and advocate with clarity.
6. The Right to Disagree
You don’t have to agree with every decision the school makes. If you believe your child’s needs aren’t being met, or that their rights are being overlooked, you have several options:
- Request an IEP team meeting to talk through concerns
- Ask for mediation, a voluntary and confidential process led by a neutral third party
- File a State complaint with the New York State Education Department
- Request a due process hearing, where an impartial hearing officer will listen to both sides and make a binding decision
During any formal dispute, your child typically has the right to remain in their current placement until the matter is resolved. This is known as the “stay-put” provision, and it helps ensure stability in uncertain times.
Whether your child is entering school for the first time or transitioning to adulthood, these protections help ensure they’re seen and supported.
No one expects you to know everything at once. But with this foundation in place, you’ll be better equipped to ask questions, collaborate with educators, and speak up when needed.
If you’re exploring special education options or looking for a school that truly understands how to support your child’s journey, reach out to Gersh Autism Academy. Our team is here to answer your questions, talk through your concerns, and help you navigate what comes next.
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