Tell us about your child’s current placement, the public-school program offered, any written notice to the district, and upcoming deadlines. Submitting this form does not create an attorney-client relationship. New York tuition-reimbursement matters require a separate paid engagement.
Parents may seek tuition reimbursement or direct funding when a district failed to offer FAPE and the parents’ private placement is appropriate. Relief is not automatic: notice, the record developed at the CSE, the private program, and equitable considerations can affect the outcome. Federal regulations also identify a ten-business-day notice rule and exceptions. Review 34 C.F.R. § 300.148.
New York tuition-reimbursement cases require a detailed record. We review the evaluations, IEP or IESP, prior written notices, CSE meeting history, progress data, communications with the district, the private program, and the family’s notice before advising on an impartial hearing or settlement strategy.
Before removing a child from public school, parents generally should raise their concerns and intent to seek public funding at the most recent CSE meeting or provide written notice at least ten business days before removal. Exceptions exist, but families should obtain advice early. Do not delay because hearing-request deadlines and equitable considerations can affect available relief.
We assess three central questions: whether the district offered FAPE, whether the parent-selected placement is appropriate for the child, and whether equitable considerations support the requested relief. We also evaluate procedural posture, proof of progress, financial documentation, witnesses, settlement options, and the practical risks of litigation.
New York special education disputes are governed by the federal IDEA, Article 89 of the New York Education Law, and Part 200 of the Commissioner’s Regulations. Due-process matters proceed before an Impartial Hearing Officer and may be appealed to a State Review Officer. In a private-placement case, a hearing officer or court may order reimbursement when the district failed to make FAPE available in a timely manner and the parent’s placement is appropriate, subject to notice and equitable considerations.
Some families pay tuition and seek reimbursement. Others may request direct funding when the record supports relief and the family cannot front the tuition. The legal and evidentiary issues overlap, but the requested remedy and financial proof can differ. The outcome depends on the facts of the individual case; no result is guaranteed.
A due-process complaint identifies the disputed issues and requested relief. The matter may resolve through settlement or proceed to an impartial hearing with documents, witnesses, and legal argument. Either party may seek State Review Officer review of an IHO decision. Early counsel can help preserve the record and avoid preventable notice or deadline problems.
Each student with disabilities must be provided with a Free Appropriate Public Education (FAPE), in the Least Restrictive Environment (LRE).
No. After diagnosis, the school will conduct a separate educational evaluation to determine which services may be needed and whether your child qualifies for an IEP.
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If the district’s proposed program cannot meet your child’s needs, or your child is already in a private placement, contact IEP Defenders promptly. We will review the available information, identify urgent deadlines, and explain whether a separate paid New York tuition-reimbursement engagement may fit your circumstances.
