Education & Students’ Rights

Are you the parent or caregiver of an NYC student with a disability? Does your child need more academic, emotional, or other support in school? Is your child facing punishment or suspension? Does your child need more help learning English, with school placement, or other support services? 

Legal Services NYC provides FREE legal services to students and caregivers to ensure that students get tailored academic and social-emotional services. We represent the city’s most vulnerable students in special education hearings, suspension hearings and manifestation determination reviews (MDR); hold charter schools accountable,  help disrupt the school-to-prison pipeline, and promote  healing-centered approaches to education.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.

Frequently Asked Questions

---

How can new immigrant children enroll in school?

All students have a right to an education in New York City regardless of their immigration status, including the right to enroll, access to translation/interpretation services, and special education services. School officials cannot ask about the immigration status of a student or the student’s parent/guardian. To enroll a child in school, you must provide certain documents, such as proof of home address (including temporary housing), passport, immunization record, among others. Your child is also entitled to language assistance, an assessment, special education services, and support services.

Learn more here.

What is an IEP and how do I get my child evaluated for one?

An Individualized Education Program (IEP) is a legally required plan developed by parents, educators, and specialists that outlines specialized instructions, services, supports, and educational goals that a student with a disability needs at school. Your child’s school must provide any services or accommodations that are recommended on your child’s IEP. Parents must make a request to their child’s school for their child to be evaluated for an IEP and the school is required to respond and begin the evaluation process.

Learn more here.

How should I prepare for an IEP meeting?

Preparing for your child’s IEP meeting can be an intimidating process, but knowing what to expect can help you advocate for your child’s educational needs. This guide explains how to prepare for an Individualized Education Program (IEP) meeting, including what documents to review, what questions to ask, and how to make sure your child’s strengths, needs, and appropriate supports are addressed.

Learn more here.

How can I get the school to follow my child’s IEP?

Your child’s school must follow your child’s IEP. The IEP (or individualized education program) is a legal document which the school district creates with you. The IEP should contain information about how your child is performing in school and what services your child needs due to their disability. For any services or accommodations that are recommended on your child’s IEP, the school district, or the NYC DOE if you live in the five boroughs, must provide what is written. For instance if your child is recommended to receive three sessions of speech therapy each week on their IEP, then your child must receive the three sessions of speech therapy each week. 

Learn more here.

What do I do if my child has been removed from school? 

If your child has been suspended for more than five school days, known as a superintendent’s suspension, they are entitled to a suspension hearing. Prior to the hearing, you should receive from the school a suspension packet which includes the charges against your child, any witness statements, a list of witnesses the school plans to bring to the hearing, and information, if applicable, about their special education rights. You have the right to bring an advocate to the hearing with you. At the hearing, you will have the opportunity to see all evidence presented against your child, present any evidence of your own, and share information about your child that may have contributed to the incident. 

If your child has been removed from the classroom for more than 10 school days in a row or more than 10 school days within a period of 40 school days, they are entitled to a Manifestation Determination Review. In this meeting, you and your child’s teachers and administrators will discuss whether the incidents leading to the removal are related to the student’s disability. If yes, then the school may not remove the student for greater than 10 school days. Contact us at the number above to be connected with an advocate.

What do I do if my child’s school calls 911 on my child?

When your child is having a behavioral crisis at school, it can be frightening and confusing to know what the school can do—and what your rights are as a parent or caregiver. NYC schools should not call Emergency Medical Services (EMS) unless it is a real medical emergency. Schools may not use EMS to discipline your child, or because your child is having trouble controlling his/her behavior. This resource explains what a school must do to safely de-escalate a crisis, and what happens if the school calls 911 and your child is taken to the hospital. It also covers your rights to communicate with your child and 911 responders, and the supports the school should consider after a crisis.

Learn more here.

How can I help my school become more trauma-informed?

To address the needs of students with trauma, a group of concerned parents, students, educators, mental health providers, and advocates formed the “Healing-Centered Schools Working Group” in 2018 to make sure school-based interactions with students and parents/caregivers are healing-centered. Since its creation, the Healing-Centered Working Group has been advocating for NYC Schools to implement lasting structures that support staff wellness, parent involvement, and student growth and healing. The group is always looking for engaged parents, students, community members and school staff to push the work forward.

Learn more here.