If your child is 3+ years old and qualifies for government-funded intervention services, the NYC Department of Education will outline an Individualized Education Plan (IEP) for your child. Your child will receive an IEP whether or not s/he attends a public school. For a complete guide, refer to the NYC Department of Education’s Family Guide to Special Education Services.
What Is an IEP?
An Individualized Education Plan (IEP) includes:
- a report of your child’s current functioning as measured by a government-funded evaluation,
- goals to address any developmental, learning, social, or physical needs of your child,
- recommended intervention services based on evaluation results, and
- recommended special education services or program placement, if applicable
An IEP should be completed within 60 days from the start of your child’s evaluation. Once the IEP is complete, a meeting will be held with parents/guardians, the Committee on Pre-School Special Education (for children ages 3-5 years) or Committee on Special Education (for children ages 5+ years), a representative of the evaluation agency, your child’s teacher(s), and if pertinent, your child’s psychologist, social worker, physician or any other person with expertise and knowledge of your child.
You should request that a copy of the IEP be sent to you in advance of the meeting, to allow time to review all recommendations proposed for your child. Below is a list of questions that the NYC Department of Education suggests for parents/guardians to consider:
- What type of learner is my child?
- Will my child’s teacher attempt to use my child’s strengths when teaching him or her?
- Will my child’s teacher accommodate my child’s learning needs in the classroom?
- How frequently is my child’s progress monitored?
- What are the best ways for me to stay in touch with my child’s teacher to be informed of academic progress?
- What can I do at home to support my child’s IEP goals?
- What sorts of programs or other supports might help my child?
- How will my child be evaluated according to grade level? What are the promotion criteria for my child?
Parents/guardians have the legal right to advocate for any intervention or school services, and/or an increase of recommended services, in the IEP. If you have researched intervention and school options and have a solid argument prepared for what you feel would most enhance your child’s growth and development, you are entitled to strongly advocate for those options. While there is likely to be negotiation at the meeting, you should advocate for all that you can in the best interest of your child.
Under the law (IDEA and FAPE), any child ages 5 – 21 years old attending public school is entitled to a free and appropriate education in the least restrictive environment. If special education is being recommended for your child, the IEP must include the extent to which your child would participate and interact with their general education peers. The IEP must also outline your child’s participation in state and district-wide assessments, what if any assessment accommodations will be made for your child, and how alternate assessments would be measured.
If Parents/Guardians Agree with the IEP:
If you reach agreement on all services and educational placement recommended for your child in the IEP and choose to sign consent of the plan, you must sign the Final Notice of Recommendation provided to you after the meeting.
Thereafter, a review of your child’s IEP goals and intervention services should be completed every 6 months. If at any point you feel a change in intervention service should be made, you will need to send a request in writing to your Committee on Special Education district representative.
If your child has an educational placement recorded in the IEP and you do not receive a Final Notice of Recommendation within 60 calendar days from the start of your child’s evaluation (or by August 15th of the upcoming school year), you should receive a Nickerson P1-R Letter, along with a listing of state-approved schools to which your child can apply.
A Nickerson P1-R Letter states that your child can attend a state-approved, non-public day school at the expense of the NYC Department of Education for that upcoming school year. You will need to bring the Nickerson P1-R Letter and a copy of your child’s IEP when interviewing at a state-approved school. If your child is accepted to a state-approved, non-public school, you will receive a P-2 Letter confirming your child’s new educational placement for the upcoming school year.
If after touring all school options you do not find an adequate public or state-sponsored, non-public day school program suitable for your child, you have the option of sending your child to a private special education program of your choice and hiring a special needs attorney to file suit against the NYC Department of Education for reimbursement of tuition. While this can be a lengthy and costly process, the benefits may far outweigh the challenges over the course of your child’s educational experience. To understand more about this process, you should consult with a special needs advocate or attorney.
If Parents/Guardians Disagree with the IEP:
If you do not feel the recommended services in the IEP are sufficient or appropriate for your child, and a resolution could not be reached during the IEP meeting, then parents/guardians should not sign consent of the IEP.
You have the legal right to contest the IEP and request mediation. A mediator assists both sides in reaching a mutually agreeable plan for a child. A mediator does not, however, make any decisions on your case. There is no cost for a mediation meeting. A mediator will be assigned by your local Community Dispute Resolution Center. The mediation process can take up to 3 months to complete. In the interim, government-funded intervention services will not commence.
You also have the option to hire a special needs attorney to assist in your case. You can hire a lawyer before or after initiating the mediation process. If mediation is unsuccessful, then a lawyer can request an Impartial Hearing on your behalf. During an impartial hearing, testimony is recorded, and a hearing officer makes a decision based on the merits of evidence presented by both parties. Your lawyer can also appeal the decision if unfavorable to your family.