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NYC • SPECIAL EDUCATION SERVICES

How families get compensatory services

A mother sits beside her daughter as she reads and works in a workbook.
Illustrative stock photo. People pictured are not IEP Hours clients.

Families can take different routes and often get help along the way. This page is general information, not legal advice.

1. Write down what was missed

Collect the IEP, any letters or emails about services not starting, and your own notes on dates. Start with a clear record of what the IEP promised and what happened.

2. Raise it with the school

Ask the school, in writing, why the services weren't provided and what they will do about the missed time. Sometimes this is resolved without a formal process.

3. File a due process complaint

A parent can file a due process complaint with the DOE's Impartial Hearing Office asking for compensatory services. The case may settle, or it may go to a hearing before an impartial hearing officer, who can order services.

4. Get help if you want it

Special education advocates and attorneys work with families on these cases. Under federal law, a parent who wins a case may be able to recover reasonable attorney's fees from the district. We can point you to people who do this work.

Rules and deadlines matter. Talk to a qualified advocate or attorney about your own situation.

Questions families ask

Do I need a lawyer?

Not necessarily. Parents can file on their own, but many find an advocate or attorney helpful, especially if the case goes to a hearing.

Is there a time limit?

Yes, there are time limits on these claims. Speak to an advocate or attorney promptly so you don't miss one.

An adult holds her head over paperwork while another adult talks on the phone beside her.
Illustrative stock photo. People pictured are not IEP Hours clients.

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