Every child in New York, regardless of immigration status or ability, has the right to attend free public school. New York state law guarantees this right to all children — and for those who live in New York City, the city government provides different types of programs and resources for children with disabilities and language needs.
If you are a parent or caretaker of a child with special needs, this guide provides an overview of your rights and a summary of programs and resources available to you in New York City.
Also Read: Resources for Immigrants with Disabilities in New York
What is an Individualized Education Program (IEP)?
Your child may be eligible to receive special education services if they have trouble with or show delays in the following areas:
- Reading and listening comprehension
- Self-help tasks such as eating, dressing, or using the bathroom
- Behavioral issues such as getting along with others or expressing feelings
If your child has experienced challenges in the areas mentioned above, or have other developmental challenges that require accommodations or some kind of extra educational support, the first step to ensuring they receive that support at school is through the creation of an IEP. An Individualized Education Program (IEP) is a legal document that outlines how the Department of Education will meet your child’s educational needs. It is an agreement between your school and your family about the types of services your child will receive in order to help them to the best of their ability.
Examples of the services that your child can receive through an IEP include but are not limited to:
- Occupational therapy
- Speech therapy
- Testing accommodations
- Physical therapy
- Vision education services (for students who are blind or visually impaired)
Every public school serves students with disabilities, which means every family who may need an IEP for their child, should be able to work with their school to create one by going through the IEP process. The first step in this process is to talk with your child’s teacher about your child’s challenges and this initial conversation will determine what next steps or interventions need to take place.
What are my rights as a parent?
As a parent of a child with a disability or with special language needs, you have the following rights:
- The right to be fully informed, in your preferred language or mode of communication, of decisions or changes in your child’s education
- The right to participate in meetings and decisions about your child’s education, which includes bringing an interpreter or person with you to the meeting to help you understand what is being discussed
- The right to to challenge and appeal any decisions or changes regarding your child’s educational needs, including amending any existing IEPs.
What resources or additional educational support is available to children with disabilities?
In addition to the services your child may receive through their IEP, you can also request additional or temporary accommodations through Section 504 of the Rehabilitation Act of 1973, which helps ensure that students with disabilities have equal access to educational opportunities.
To qualify for a Section 504 accommodation, your child must have either a physical or mental impairment that “substantially limits at least one major life activity.”
Examples of Section 504 accommodations that your child can receive include but are not limited to:
- Wheelchair accommodations in classrooms or buildings
- Being excused from high intensity exercise if they are asthmatic
- Breaks to see the school nurse throughout the day if they require assistance with their medication
If your child already has an IEP but needs additional 504 accommodations, you must go through a separate process to request these through your school. Once your request is processed, if your child is determined to be eligible for these accommodations, they will continue to receive them so long as they remain eligible. If your child’s conditions improve or if they no longer meet the requirements to receive these accommodations, your child will cease to receive them.
