What to Do When Your Scho…

Few moments in a parent's life are more frustrating than sitting at a CSE/IEP meeting, listening to psychologists, teachers, social workers and administrators talk about who your child is and what they need and don’t need.

You've seen the struggles firsthand. You've watched your child fall behind, work twice as hard as their classmates, and still come home defeated. Your child returns home from school and shuts down. The homework hour is a nightmare. You try to help; there are tears and emotional exhaustion. Not only does it impact your child first and foremost, but it affects the whole family.

But the CSE team is telling you that your child is progressing nicely, that they seem happy in school, that they have friends and work well collaboratively with their peers. Their struggles are typical and overall they are doing just fine. You know this is not true.

It's a position thousands of parents find themselves in every year. What matters most in that moment is knowing that this isn't the end of the road. It's often just the beginning of a longer process — and one where parents begin to understand that they are meaningful participants in their child’s education and that they can exercise their rights to ensure their child receives what they are entitled to by law.

Start By Getting Everything in Writing

School districts are required to provide written notice of any decision to deny or change your child's educational services. This is called “Prior Written Notice,” and it must explain what the district is proposing or refusing, why, and what evaluation data they're relying on to make that decision. If you haven't received this, request it immediately.

Written documentation matters because it creates a record. Every communication, every evaluation report, every proposed or rejected IEP goal — all of it becomes relevant if the dispute escalates. Start keeping a file now if you haven't already.

Request an Independent Educational Evaluation

If you disagree with the school district's evaluation of your child, you have the right under IDEA to request an Independent Educational Evaluation — or IEE — at the district's expense. An IEE is conducted by a qualified evaluator outside the school system, someone who isn't connected to the district and has no institutional interest in the outcome.

Districts can either agree to fund the IEE or initiate a due process hearing to defend their own evaluation. A comprehensive independent evaluation assessing your child’s specific strengths and weaknesses in a variety of skillsets can significantly shift the narrative about your child because it will present a comprehensive picture of their strengths, deficits and needs to guide educational programming through extensive data. Obtaining the IEE or private evaluation is an invaluable step in protecting your child’s interests.

Request Another CSE Meeting

If services were denied or reduced at a Committee on Special Education meeting, you can request another one. New information — a new private evaluation, updated progress data, a report from a treating provider — can be grounds for reconvening and reconsidering. You don't have to accept the outcome of a single meeting as final.

This is also a moment where having an attorney present makes a real difference. The dynamic in a CSE meeting changes when the school district knows the parent has experienced legal representation at the table. Attorneys from The Law Offices of Susan J. Deedy regularly attend CSE meetings on behalf of parents to ensure that IEP goals are appropriate, service and program recommendations are appropriate, and the district's team understands that you are not going to accept anything less than what your child is entitled to under the law.

File for Mediation or Due Process

When a dispute cannot be resolved through CSE meetings and negotiation, parents have the right to pursue formal dispute resolution. New York offers two primary paths:

  • Mediation — a voluntary, confidential process in which a neutral third party helps both sides reach an agreement; it is designed to be less adversarial than litigation and can be resolved relatively quickly
  • Impartial Due Process Hearing — a formal legal proceeding before an impartial hearing officer, where both sides (school district and parent) present evidence and arguments; this is the appropriate route when the issues are serious, complex, or the district appears to be dismissing your concerns and requests.

Litigation in a due process hearing is where Susan Deedy and her team's litigation experience becomes particularly valuable. Her firm has successfully litigated hundreds of cases, securing changes to IEPs, appropriate program placements, compensatory education services, private school tuition reimbursement, transportation reimbursement and more.

When to Consider a Unilateral Private Placement

Ideally, parents want nothing more than for their child to go to school close to home and be educated with peers that reside locally. Sometimes, however, this is not possible. There are situations where children have been bullied, resulting in a stress response to a particular school environment. Other times, the public school is not equipped to address the emotional issues or anxiety your child is experiencing. Other times, the public school district cannot provide the academic programming that your child needs in order to learn.

If your child's needs are not being met and the district continues to refuse to provide appropriate services, you should consult with Susan Deedy as you may have the option to place your child in a private special education school and seek tuition reimbursement from the district.

This is not a decision to make without legal guidance — there are specific procedural steps that must be followed to preserve your right to reimbursement — but it is a legitimate and well-established remedy under the IDEA that many parents have successfully pursued.

You Don't Have to Navigate This Alone

The school district has a team of administrators, specialists, and attorneys whose job is to protect the district's interests. As a parent, you deserve the same level of informed, experienced advocacy on your side.

The Law Offices of Susan J. Deedy has spent decades representing parents throughout New York State in exactly these situations — from consultation and CSE meeting representation to litigation at a due process hearing, and at the state and federal level. If your child's services have been denied, reduced, or you simply feel like the district is dismissing your concerns, reaching out for a consultation is a reasonable and important next step.

Contact the Law Offices of Susan J. Deedy at (516) 221-8133 or reach out through the online contact form to discuss your child's situation and learn what options are available to you.