New York City Special Education Attorney

Education Lawyers in NYC Representing Students and their Parents

New York City families who are trying to navigate the public school system in an effort to address their child's special education needs are wading through one of the largest and most complex school systems in the country.

The New York City Department of Education serves over one million students. When your child is struggling and placed in an inappropriate environment, the scale of the NYC DOE bureaucracy can lead to parents feeling overwhelmed with no leverage.

That leverage exists.

Federal and state special education laws provide NYC parents a multitude of rights — the right to appropriate evaluations, to an Individualized Education Program (IEP) with appropriate and measurable goals, to programs, supports, and services at no cost, and a host of procedural safeguards and due process rights that can be exercised to challenge the student’s IEP, program and placement on the basis of the NYC DOE’s failure to offer a Free Appropriate Public Education (FAPE).

The Law Offices of Susan J. Deedy & Associates has represented families residing in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island for decades, and we understand both the legal framework and the practical realities of how your case will play out in the New York City DOE system.

If your child has a disability and you believe the NYC DOE is not providing an appropriate education to your child, call (516) 221-8133 to discuss your specific situation with our team.

How NYC Special Education Works

Every eligible child with a disability in New York City is entitled to a Free Appropriate Public Education — known as FAPE — under the Individuals with Disabilities Education Act (IDEA). This federal statute is the foundation of special education laws across the country. In New York State, additional state regulations build on those protections and govern the process at the district level.

The NYC DOE committee responsible for developing and overseeing a child's IEP is called the Committee on Special Education, or CSE. This is the same structure used throughout New York State, but the NYC DOE operates its CSE process at the borough and district level.

The NYC DOE has its own legal and administrative staff, internal procedures and systems, and its own institutional tendencies — and navigating this bureaucracy alone can be intimidating.

Services Available to NYC Families

The level of legal support a family needs varies. Some parents are comfortable engaging with the DOE on their own but may need guidance to understand what the law requires and what they can request at CSE meetings. Others have reached the point where an attorney needs to step in to resolve a disputed issue. In other situations, litigation is the only pathway forward.

The Law Offices of Susan J. Deedy & Associates provides representation at all stages.

Consultation and Guidance

For parents who are managing the process themselves but want to make sure they're doing it effectively, our consultation services provide parents with the legal knowledge and practical information needed to advocate for their child.

Consultation can include reviewing your child's evaluations and explaining what they mean and what services might be appropriate, discussing what an appropriate IEP must include in order to appropriately address your child's specific needs, preparing you for CSE meetings with a clear understanding of what to expect and how to participate effectively, or explaining your right to an Independent Educational Evaluation at public expense if you disagree with the DOE's evaluation of your child.

Due Process Litigation | Tuition Reimbursement Cases

When the DOE fails to offer a program and/or placement that meets your child's needs — due process hearings provide a formal legal tribunal for taking matters into your own hands in an effort to enforce the law on behalf of your child.

The majority of our litigation in NYC involves tuition reimbursement cases — situations where parents have placed their child in a special education private school because the DOE has failed to offer a Free Appropriate Public Education (FAPE).

There are a multitude of private non-NYS approved specialized private schools that serve students whose needs are not being met in the public school program. The law requires that in order to be entitled to public tuition reimbursement/funding of a private school, three factors must be proven: 1) the NYC DOE has failed to offer your child with a FAPE; 2) the private school is providing a program tailored to meet the student’s needs; and 3) the “equities” support the parents’ claim for tuition reimbursement. Our firm will assess your case and determine the strength of your tuition reimbursement case.

In addition to tuition reimbursement cases, the firm litigates issues involving the following:

• Inadequate or Incomplete Evaluations — Where the DOE's evaluation has failed to identify your child's needs or doesn't support the level of services required
• IEP Goals or Services That Do Not Address the Child's Needs — Including insufficient frequency, type, or duration to produce meaningful educational progress
• Failure to Implement Mandated Services — Where services in the IEP are not being implemented, resulting in awards for make-up services
• Failure to Identify a Child as Eligible for Services — Where the DOE has declined to classify a child who qualifies as a student with a disability under state and federal law
• Historical Denial of Appropriate Services — Where a pattern of failures has caused measurable educational harm, resulting in awards for compensatory or make-up services

We handle appeals to the New York State Review Office, the NYS Commissioner of Education, as well as Federal and State court litigation.

Additional Services for NYC Families

Beyond IEP and placement disputes, the firm handles a range of other education law matters that NYC families encounter, including the following:

• Student Disciplinary Matters — Representation at Superintendent's Hearings and Manifestation Review meetings, resulting in suspension record expungement and penalty reduction so students can return to school
• Bullying and Discrimination — Representation under the Dignity for All Students Act (DASA) in instances of bullying, harassment or discrimination
• Independent Educational Evaluations — Assistance obtaining IEE’s at public expense when parents disagree with the DOE's evaluation
• Educational Records and FERPA — Assistance in obtaining accurate educational records and maintaining student privacy under the Family Educational Rights and Privacy Act (FERPA)
• Guardianship Proceedings — We handle guardianship proceedings so that parents can remain legal decision makers for health, education and finances

Our law firm provides NYC parents with legal services that are best suited for their specific situation. As education law attorneys, Susan and her team have the expertise necessary to strategize the necessary next steps for your child, and will do so throughout their educational journey.

Why NYC Families Choose Susan Deedy

Susan J. Deedy has practiced special education law for decades and is recognized throughout New York State as a leading attorney for families and students with disabilities. The firm's legal team includes attorneys with extensive experience in litigating against the NYC DOE. Understanding the practical realities of the NYC DOE system makes all the difference in achieving your desired outcome

The firm is committed to genuine communication with families. Special education disputes are stressful and often emotionally consuming. Our goal is to take on the legal burden while keeping you informed, involved, and empowered at every step.

Let’s Start with a Conversation

NYC families who are in disagreement with the services, program and placement recommendations, or any other special education matter may reach the Law Offices of Susan J. Deedy & Associates at (516) 221-8133. You can also reach us through the contact page to schedule a consultation.