On this page
When your child has an IEP, or is being evaluated for one, you are not a guest in the process. You are a member of the team, and the law gives you specific rights. This page is an overview of the main ones in New York City: consent, notice, records, meetings, interpreters and what you can do when you disagree.
IEP Hours is a free, independent information site. We are not the NYC Department of Education (DOE) and not a law firm. This is general information, not legal advice. No one can promise how a case will turn out. There is no cost to you, now or later.
Where these rights come from
Most of these rights come from federal special education law and New York State rules. The DOE describes them on its parent rights page and its due process rights page. Due process here means the set of steps that protect your child's right to a free appropriate public education, often shortened to FAPE, and your right to understand and take part in decisions.
The state also publishes a document called the procedural safeguards notice. It is the formal list of these rights. Schools give it to parents at set times, and you can ask for a copy at any time.
Your right to give or refuse consent
For some steps, the school needs your written permission first. A common one is the first evaluation. The DOE explains that giving consent means you were fully told about the action, you understand it, and you agree in writing. The notice should also say which records, if any, will be released and to whom.
Three points are worth remembering:
- Consent is voluntary. You can say no.
- You can withdraw consent at any time.
- Withdrawing does not undo something that already happened while your consent was in place.
Before you sign, ask what you are agreeing to, in plain words. If the form is in a language you do not read well, ask for it in your language.
Your right to written notice
When the school proposes or refuses to change your child's identification, evaluation, placement or services, it must tell you in writing and explain why. This is called prior written notice. It is your record of what the school decided and the reasons it gave.
Keep every notice you get. If one never arrives after a meeting, you can ask for it. Our page on prior written notice shows what to look for and what to do if something is missing.
Your right to see records
FERPA is a federal privacy law. It gives parents the right to inspect and review their child's education records, to ask that records be corrected if they are wrong, and some control over who else sees them. Special education records, such as evaluations, IEPs and service logs, are part of this.
Records matter most when services were missed. Attendance sheets, provider logs and progress reports can show what happened and what did not. Our guide to requesting school records includes a short letter you can adapt.
Your right to take part in meetings
You are a full member of the IEP team. That means you can:
- Be invited to IEP meetings at a time that works, within reason.
- Share what you see at home and what worries you.
- Bring someone who knows your child, such as a relative, a provider or an advocate.
- Ask questions until you understand.
- Ask for changes to goals, services or settings.
The DOE also says you can ask for a certified Parent Member to attend. That is a parent of a child with a disability who joins the meeting. Some families find it helps to have another parent in the room.
Preparation makes a real difference. See our IEP meeting preparation guide before the meeting and our follow-up guide after it. If the evaluation has not happened yet, our guide to getting an IEP in NYC explains the steps, including the DOE's 60 calendar days to evaluate after you give consent.
Your right to an interpreter and translation
The DOE says that at your request an interpreter will be provided. It also says you can ask the IEP team for a translation of your child's IEP, evaluations or notices. Ask early, and say which language you need. Our page on requesting an interpreter has wording you can use.
You should never have to rely on your child to interpret at a meeting about their own needs.
When you disagree
Disagreement is common and it is allowed. Start by putting your concern in writing to the school and asking for a meeting. Many issues get fixed there. When they do not, there are formal options. Each one has its own rules and purpose.
Mediation
The DOE describes mediation as confidential and voluntary. A neutral mediator helps you and the DOE understand each other's views and try to reach an agreement. The mediator does not take sides. In NYC, borough Centers for Dispute Resolution schedule and run these sessions.
According to the DOE, you can ask for mediation on its own, at the same time as a hearing request, or after a hearing request is filed. Details are on the DOE's mediation page.
Impartial hearing
An impartial hearing is a more formal step. The DOE says both the family and the district present arguments and evidence to a hearing officer, who is a New York State licensed attorney. The officer decides whether the student was denied a free appropriate public education and what the remedy should be. Compensatory services are one kind of remedy a hearing can address.
A hearing starts with a written due process complaint. The DOE says its resolution period usually runs 30 calendar days after filing, during which a Resolution Case Manager reaches out to set up a resolution meeting. You can also appeal a hearing officer's decision. Read our pages on the due process complaint, the resolution meeting and the impartial hearing for more.
State complaint
You can also file a complaint with the New York State Education Department if you believe the school broke a special education rule. A state complaint is reviewed by the state rather than decided at a hearing. It fits some problems better than others. Our page comparing a state complaint and due process helps you see the difference.
Rights that keep going after the meeting
Your rights do not end when the IEP is signed. You can ask for a new meeting if something is not working. You can ask how services are being delivered and who is delivering them. You can ask for progress reports on the goals. If a provider leaves and sessions stop, you can say so in writing and ask when they will restart.
That last point matters more than most parents expect. A service that is written on the IEP but never shows up is one of the most common problems families bring to us. Noting it early, with dates, keeps your options open later.
What these rights do not do
Knowing your rights helps, but it is good to be realistic. A right to ask is not a promise of a yes. A right to a hearing is not a promise of a win. Some steps have deadlines. Because the details change with each case, this is the point where many families talk to someone with training.
Our guide to choosing an advocate or attorney explains the difference, and our consultation checklist shows what to gather before a call.
A simple way to protect yourself
- Ask for things in writing, and keep copies.
- Write the date on every note and form.
- Keep a log of missed sessions, with dates and who was supposed to provide them.
- Keep the IEP, every notice and every evaluation in one folder.
- After a phone call, send a short email that sums up what was said.
A simple folder, kept in date order, is often the most useful thing a family brings to a consultation.
Your next step
If your child had services on the IEP that did not happen, those rights may connect to make-up services. Read what compensatory services are, then try our short eligibility check. If you are not sure whether your child has an IEP or a 504 plan, see IEP vs. 504 plan.
Want to talk it through? Ask for a free callback. We are not the DOE and not a law firm, and we cannot promise an outcome, but we can explain your options and point you to help. There is no cost to you, now or later.
Your borough office: Bronx, Brooklyn, Manhattan, Queens or Staten Island.
Last reviewed: October 2026
