Families · Special education

Special education in New York: a family guide

You are an equal member of your child's team.

Special education is free, specially designed teaching and support for a student with a disability, written in an Individualized Education Program (IEP). In New York, a school-age child's plan is made by the Committee on Special Education (CSE); for ages 3-5 it is the Committee on Preschool Special Education (CPSE). You are part of every decision. [source] [source]

Before a referral

Talk first, then decide

Share what you see at home and ask the teacher what they see in class. Ask what extra help has already been tried, how long, and what the data show. Schools use general-education help too, like Academic Intervention Services and, for reading, Response to Intervention (RtI). [source]

You never have to wait

“As a parent, you can make a referral at any time.” Write a dated letter to the CSE chairperson or the principal asking for an evaluation, and keep a copy. [source]

The process, step by step

ReferralAny timeIn writing, to the CSE chairperson or principal. A parent or a school official can refer. Others (like a teacher or doctor) can ask for a referral; the school must then ask for your consent or explain your rights within 10 school days. [source] [source]
Your written consentBefore testingNo testing without your written OK. Consent to evaluate is separate from consent to start services. You get prior written notice of what is planned. [source] [source]
EvaluationDone within 60 calendar days of your consentA set of tests and observations (see the list below), in your child's native language or mode of communication unless clearly not possible. [source] [source]
Meeting noticeAt least 5 days beforeYou get written notice of the CSE meeting: date, time, place, who will attend. You may ask to change the time. [source]
Eligibility meetingAfter the evaluationThe CSE, with you, decides if your child has one of the 13 disabilities and needs special education. [source]
IEP writtenSame meetingIf eligible, the team writes goals and picks services and the setting. You get a free copy of the IEP. [source] [source]
Services beginNo later than 60 school days after your consentStarting services for the first time needs your written consent. [source]
Progress reportsAs written in the IEPThe IEP says how and when you will get reports on progress toward each goal. [source]
Annual reviewAt least once a yearThe CSE reviews progress and writes the next IEP. You or a teacher may ask for a review sooner. [source]
ReevaluationAt least every 3 yearsNot more than once a year unless you and the school agree. You and the school can agree in writing to skip it. [source] [source]

What the evaluation includes

Part	What it is
Physical examination	A health check by a doctor.
Psychological evaluation	Thinking and learning skills, by a school psychologist (for school-age children, when the psychologist finds it is needed).
Social history	An interview with you about your child's growth, health, family and school history.
Observation	Someone watches your child in class (the current setting).
Other assessments as needed	For example speech and language, occupational or physical therapy, or a Functional Behavioral Assessment.
Vocational assessment (age 12 and older)	Records, teacher input, and parent and student interviews about skills, interests and future work.

[source] [source] You may also get an Independent Educational Evaluation (IEE): at your own cost any time, or at public cost if you disagree with the school's evaluation (one per evaluation you disagree with). The school must then pay for it or ask for a hearing to defend its evaluation. [source] [source]

The 13 disability categories (school age)

To get an IEP, a student must have one of these and need specially designed instruction because of it. The full legal definitions are in 8 NYCRR §200.1(zz). Short, plain descriptions: [source]

Autism

Affects communication and social interaction; often repeated actions or strong need for routine.

Deafness

Hearing loss so great that understanding speech through hearing is very hard, even with aids.

Deaf-blindness

Hearing and vision losses together.

Emotional disability

Long-lasting emotional or behavior patterns that affect learning. NY replaced the older term “emotional disturbance” in July 2022. [source]

Hearing impairment

Hearing loss that affects learning, but is not deafness.

Learning disability

Difficulty in a basic learning process (like reading, writing or math) that is not mainly caused by vision, hearing, intellectual or emotional factors, or by learning English.

Intellectual disability

Thinking skills and everyday living skills that develop more slowly than expected.

Multiple disabilities

Two or more disabilities together that need many supports (not deaf-blindness).

Orthopedic impairment

A physical condition affecting movement.

Other health impairment

A health condition affecting strength, energy or alertness (ADHD can be one example).

Speech or language impairment

Affects speaking, sounds, voice, fluency, or understanding and using language.

Traumatic brain injury

A brain injury after birth that affects learning.

Visual impairment

Vision loss, including blindness, that affects learning even with correction.

A child may not be found eligible because of limited English, or because of a lack of good teaching in reading or math. [source] Preschool children (CPSE) can qualify through a significant delay in a developmental area or certain listed disabilities. [source]

Who is on the CSE

Member	Role at the meeting
You, the parent(s)	Equal member. You know your child best.
District representative (chairperson)	Runs the meeting and can commit the district's resources.
General education teacher	At least one, if your child is or may be in general education. Shares how the child does in class.
Special education teacher or provider	At least one. Plans goals and specially designed teaching.
School psychologist	Explains test results.
Someone who can explain evaluation results	Can be one of the people above.
Your child	When appropriate, and always invited when transition is discussed.
School physician	Only if you ask at least 72 hours before the meeting.
Additional parent member	A parent of a child with a disability, only if you ask at least 72 hours before.
Others who know your child	You or the school may invite them (for example a tutor, therapist or advocate).
Interpreter	Free, if you need one.

[source] [source] When a child is an ELL, NYSED says the CSE must include someone certified to teach ESOL or bilingual education. [source]

What is in an IEP

Present levelsWhat your child can do now, needs, and evaluation results.
Annual goalsMeasurable goals for one year, and how progress is measured.
Programs and servicesWhat, how often, how long, and where.
Supports in classSupplementary aids, accommodations, program modifications, special equipment, and supports for teachers.
Testing accommodationsWhich ones, on which tests.
SettingThe least restrictive environment: with general education peers as much as appropriate.
Progress reportsWhen you will get them.
Transition (age 15+)Goals and services for life after high school.

[source]

Services, from least to most support

The law says children with disabilities learn with children without disabilities as much as appropriate (least restrictive environment, LRE). [source] [source]

Supports in the regular classSpecially designed teaching and aids inside general education. [source]
Consultant teacherAt least 2 hours/weekA special education teacher helps the student (direct) and/or the teacher (indirect) in the regular class. A consultant teacher serves no more than 20 students. [source]
Related servicesAs in the IEPSpeech, counseling, OT, PT and more (list below). Groups of 5 or fewer. [source]
Resource roomAt least 3 hours/weekSmall-group help for part of the day; no more than 50% of the day; groups of 5 or fewer. [source]
Integrated Co-Teaching (ICT)Up to 12 students with disabilitiesA general education teacher and a special education teacher teach together in one class with students with and without disabilities. [source]
Special class15:1, 12:1+1, 8:1+1, 6:1+1, 12:1+(3:1)A smaller class of students with disabilities. Numbers mean students : teacher (+ extra adults). The size matches how much support the students need. [source]
Home or hospital instruction; approved private schoolWhen neededFor students who need these settings. A 12-month (summer) program may be added to prevent substantial regression. [source] [source]

Testing accommodations

Testing accommodations remove disability-related obstacles so the test measures what your child knows, “abilities rather than disabilities.” They are written in the IEP or 504 plan. NYSED groups them in four kinds: [source]

⏱️ Timing

Extended time, breaks, a test over more than one day.

🚪 Setting

A separate room or small group.

👀 Presentation

Tests read aloud (with limits on reading-comprehension tests), large print, braille.

✍️ Response

A scribe, word processor, or recording answers in another way.

Accommodation	Modification
Changes how a student learns or shows learning.	Changes what a student is expected to learn or what a test measures.
Example: extra time, a separate room, read-aloud directions.	Example: fewer or different learning goals, a simpler test.
Same standard and grade-level goal.	Different expectation; written in the IEP.

IEP or 504 plan?

	IEP (special education, IDEA)	504 plan (Section 504)
Law	Individuals with Disabilities Education Act (IDEA) and NY Part 200	Section 504 of the Rehabilitation Act (a civil-rights law)
Who qualifies	One of the 13 categories and needs specially designed instruction	A physical or mental impairment that substantially limits a major life activity; does not need to limit learning
What it gives	Specially designed instruction, related services, accommodations, goals	Accommodations, related aids and services, so the student has equal access
Team	CSE (with you as a member)	Section 504 team of people who know the student
Testing accommodations	Listed in the IEP	Listed in the 504 plan
If you disagree	Mediation, state complaint, impartial hearing	Ask the district about its 504 hearing process; OCR complaint within 180 days

[source] [source] [source] [source]

Transition planning (age 15 and up)

Starting with the first IEP in effect when your child turns 15 (or younger if appropriate), the IEP must include measurable goals for life after high school (education, training, work, and independent living when appropriate) and the services to get there, updated every year. Your child is invited to these meetings. A vocational assessment begins at age 12. [source] [source]

Grade 6 tip: it is early, but start the talk now. Ask: “What does my child love to do? What skills will help in middle school and beyond?”

Diplomas and credentials

Rules are changing. NYSED's “NY Inspires” graduation plan proposes ending the requirement to pass Regents exams for a diploma and moving to one New York State diploma. Students entering grade 9 in 2029-30 would show proficiency in the standards and the Portrait of a Graduate. NYSED calls parts of this timeline “proposed.” Ask your school which rules apply to your child's graduating class. [source]

Today's options for students with disabilities

Regents diploma, or local diploma: 22 units of credit plus the required exams. [source]
Safety nets for a local diploma: a score of 55-64 on required Regents exams; or a compensatory option where a 65+ on one exam can offset 45-54 on another (English and math need at least 55, or 52 on appeal). [source] [source]
Superintendent determination: for students with a current IEP who cannot show proficiency on the tests because of their disability, even with accommodations; the parent asks in writing. [source] [source]
CDOS Commencement Credential: shows readiness for entry-level work; can go with a diploma or be earned alone. No student should stop working toward a diploma for it. [source]
Skills and Achievement Commencement Credential: for students with severe disabilities assessed with the NYS Alternate Assessment. [source]

Your rights (procedural safeguards)

📄 Notice

Prior written notice before the school proposes or refuses a change, and a copy of the Procedural Safeguards Notice. [source]

✍️ Consent

Your written consent for the first evaluation and first services. You may take back consent to services in writing. [source] [source]

🗂️ Records

See your child's records without unnecessary delay, before any IEP meeting or hearing, and never more than 45 calendar days after you ask. [source]

🔍 Independent evaluation

An IEE at public cost if you disagree with the school's evaluation. [source]

🗣️ Language

An interpreter at meetings and evaluation results in your native language. A free copy of the IEP. [source] [source]

⏸️ Stay put

During a hearing or appeal, your child generally stays in the current placement unless you and the school agree otherwise. [source]

🛡️ Discipline protections

Before a change of placement for discipline, a meeting within 10 school days checks if the behavior was caused by the disability (a “manifestation determination”). [source]

If you disagree: your options

TalkAny timeAsk for a meeting with the teacher, principal or CSE chairperson. Many issues end here. [source]
Ask for a CSE meetingAny timeYou may ask the CSE to review the IEP sooner than the annual review. [source]
MediationFree, voluntaryA trained, neutral mediator from a Community Dispute Resolution Center helps you and the school agree. A signed agreement is binding. [source] [source]
State complaintWithin 1 year of the problemWrite to NYSED that the school broke a rule. NYSED generally decides within 60 calendar days. [source] [source]
Due process complaint and resolution meetingWithin 2 years; meeting within 15 daysAsk for an impartial hearing in writing. The school holds a resolution meeting within 15 calendar days; there is a 30-day resolution period. [source]
Impartial hearingDecision 45 days after the resolution periodAn Impartial Hearing Officer (IHO) hears both sides and decides. The hearing itself is free; you may pay your own lawyer. [source] [source]
State Review Officer appealNotice within 25 days; request within 40 daysAppeal the IHO decision to the Office of State Review. [source] [source]
CourtWithin 4 months of the SRO decisionA state or federal court can review the decision. [source]

For a 504 plan: ask the district about its Section 504 grievance and hearing procedures, or file with the U.S. Office for Civil Rights, usually within 180 days of the last act of discrimination. [source] [source]

Leaving special education (declassification)

When the CSE finds a student no longer needs special education, a reevaluation is done first. The plan can include declassification support services for up to one year: for the student (for example counseling or speech) and/or for teachers (an aide or consultation). [source] [source]

Free help on Long Island

Long Island FACE Center

NYSED-funded Family and Community Engagement Center at the LIU Center for Community Inclusion: information, training and referrals for families of children with disabilities. Phone 516-413-8229. [source] [source]

NYSED Office of Special Education

518-473-2878 · speced@nysed.gov. Ask for the Procedural Safeguards Notice and the Parent's Guide. [source] [source]

Questions families ask

Will an IEP keep my child out of college or a regular diploma?

No. Students with IEPs work toward the same diplomas as everyone, with the safety nets and credentials listed above. [source]

Do I have to sign the IEP at the meeting?

New York asks for your written consent before an evaluation and before services start for the first time. You may ask questions and take time to understand the plan. If you disagree later, you have the options above. [source] [source]

Is the evaluation in English if my child is learning English?

Tests must be in your child's native language or other mode of communication unless clearly not possible, and must measure a disability, not English skills. [source] See ENL and special education together.

How long does the whole process take?

The evaluation within 60 calendar days of your consent; services no later than 60 school days after your consent. [source]

Can my child's IEP be changed during the year?

Yes. You or a teacher may ask the CSE to review the IEP at any time. [source]

What if my child is suspended?

Students with disabilities have extra protections, including a manifestation determination within 10 school days of a decision to change placement for discipline. [source]

Who sees my child's records?

Records are confidential. You may review them, and the school needs your consent in most cases before sharing outside the school. [source]

Acronyms

CSE / CPSE: Committee on Special Education (ages 5-21) / Committee on Preschool Special Education (ages 3-5).
IEP: Individualized Education Program.
IDEA: Individuals with Disabilities Education Act (federal law).
504: Section 504 of the Rehabilitation Act; a 504 plan gives accommodations.
FAPE: Free Appropriate Public Education.
LRE: Least Restrictive Environment.
ICT: Integrated Co-Teaching: two teachers, one class.
CT / RR: Consultant Teacher / Resource Room.
OT / PT: Occupational Therapy / Physical Therapy.
FBA / BIP: Functional Behavioral Assessment / Behavior Intervention Plan.
IEE: Independent Educational Evaluation.
PWN: Prior Written Notice.
IHO / SRO: Impartial Hearing Officer / State Review Officer.
RtI: Response to Intervention.
CDOS: Career Development and Occupational Studies (Commencement Credential).
NYSAA: New York State Alternate Assessment.
FACE Center: Family and Community Engagement Center (NYSED-funded).
OCR: U.S. Department of Education Office for Civil Rights.

🌎 Resumen en español: Educación especial

Referida: usted puede pedir una evaluación en cualquier momento, por escrito, al presidente del Comité de Educación Especial (CSE) o al director.

Fechas: la evaluación se termina dentro de 60 días calendario después de su consentimiento escrito. Los servicios empiezan a más tardar 60 días escolares después de su consentimiento.

La reunión: usted es miembro igual del comité. Recibe aviso por lo menos 5 días antes. Puede pedir un intérprete gratis y una copia gratis del IEP. Si quiere al médico escolar o a un padre adicional, pídalo 72 horas antes.

Servicios: desde apoyo en la clase regular hasta co-enseñanza integrada (ICT, máximo 12 estudiantes con discapacidades) y clases especiales. Revisión cada año y reevaluación cada 3 años. La planificación de la transición empieza a los 15 años.

Desacuerdos: hablar con la escuela, mediación gratis, queja al estado (dentro de 1 año), o audiencia imparcial (dentro de 2 años).

Ayuda gratis: Centro FACE de Long Island: 516-413-8229. Esta es información general, no es asesoría legal.

Official sources

Every rule on this page comes from these official pages (checked Nov 7, 2026). Rules can change. If a link and this page ever disagree, the official page wins.

This is general information, not legal advice. We explain New York State and federal rules in plain words so families can make informed choices. For a decision about your child, talk with your school, a Family and Community Engagement (FACE) Center, or a lawyer. Facts checked Nov 7, 2026.

Special education in New York: a family guide

Before a referral

Talk first, then decide

You never have to wait

The process, step by step

What the evaluation includes

The 13 disability categories (school age)

Autism

Deafness

Deaf-blindness

Emotional disability

Hearing impairment

Learning disability

Intellectual disability

Multiple disabilities

Orthopedic impairment

Other health impairment

Speech or language impairment

Traumatic brain injury

Visual impairment

Who is on the CSE

What is in an IEP

Services, from least to most support

Related services

Testing accommodations

⏱️ Timing

🚪 Setting

👀 Presentation

✍️ Response

IEP or 504 plan?

Transition planning (age 15 and up)

Diplomas and credentials

Today's options for students with disabilities

Your rights (procedural safeguards)

📄 Notice

✍️ Consent

🗂️ Records

🔍 Independent evaluation

🗣️ Language

⏸️ Stay put

🛡️ Discipline protections

If you disagree: your options

Leaving special education (declassification)

Meeting checklist and questions to ask

Before the meeting

Questions to ask at the meeting

After the meeting

Free help on Long Island

Long Island FACE Center

NYSED Office of Special Education

Questions families ask

Acronyms

🌎 Resumen en español: Educación especial

Official sources