Your Rights in One Paragraph
Under the federal IDEA law, your child is entitled to a Free Appropriate Public Education (FAPE) in the least restrictive environment. The district's Committee on Special Education (CSE) must evaluate your child at no cost, hold meetings you are an equal member of, and provide the services written into the Individualized Education Program (IEP). You have the right to disagree — and specific tools when you do.
Step 1 — Requesting Evaluations (Do It in Writing)
Everything in special education runs on written requests with dates. Email your district's CSE chairperson:
What Your Request Email Should Say
- "I am requesting a comprehensive special education evaluation of my child, [name], under IDEA."
- List your specific concerns (speech, behavior, sensory, academics)
- "Please send me the consent forms and confirm the evaluation timeline."
- Keep the sent email — the legal clock starts when the district receives consent
Parent tip: After any phone call with the school, send a short email: "Confirming our conversation today: you said…" This turns spoken promises into records.
Step 2 — Before the CSE Meeting
One Week Before
- Request copies of ALL evaluations and the draft IEP before the meeting — you're entitled to review them in advance
- Read evaluations twice; highlight anything you disagree with or don't understand
- Write your own one-page parent statement: your child's strengths, struggles, and your top 3 goals
- Invite anyone you want: spouse, advocate, provider, a friend to take notes
- List the specific services and supports you plan to request
Parent tip: If your child regresses over school breaks, bring evidence (work samples, videos, therapist notes) and request Extended School Year (ESY) services. Regression data is exactly what qualifies a child.
Step 3 — At the Meeting: Phrases That Work
- "Can you show me the data behind that recommendation?"
- "How will this goal be measured, and how often will I get progress reports?"
- "I'm not comfortable agreeing to that today — please note my disagreement in the minutes."
- "Please add to the IEP that we discussed [X] and the committee declined — and why." (Districts document what they offer; make them document what they refuse.)
- "What would need to be true for my child to receive [service]? Let's write that criteria down."
Parent tip: You do not have to sign or agree at the meeting. "I'd like to take the draft home and respond in writing this week" is always acceptable.
Step 4 — Reading the IEP Draft Like a Pro
IEP Review Checklist
- Goals are measurable ("will initiate a peer interaction 4 times per week as measured by teacher data" — not "will improve social skills")
- Every service has frequency, duration, and location (e.g., "Speech 3×30 min/week, individual, therapy room")
- Supports you discussed actually appear (aide, sensory breaks, assistive tech, transportation)
- Present levels accurately describe your child — this section drives everything else
- ESY addressed (yes or no, with reasoning)
- Nothing important lives only in "we'll try" conversations — if it isn't written, it doesn't exist
Step 5 — When You Disagree
- Independent Educational Evaluation (IEE): if you disagree with the district's evaluation, you can request an IEE at district expense.
- Written objection: respond to the IEP in writing, stating exactly what you disagree with and what you're requesting instead.
- Mediation and due process: free state mediation is available; due process is the formal legal route. Mentioning that you understand these options often changes the conversation.
- Placement referrals: if the district can't serve your child, the CSE can refer to BOCES or approved private programs — and you can (in writing) request specific programs be included and tour them yourself before agreeing.
Your Paper Trail System
Keep One Binder (or Folder) With
- Every IEP, evaluation, and progress report, in date order
- A log of every call and meeting: date, who, what was said
- All email correspondence, printed or saved to PDF
- Work samples and photos/videos that document struggles or regression
This guide is informational, based on IDEA, New York State regulations, and family experience. It is not legal advice. For formal disputes, consider a special education advocate or attorney.