2 Croton Point Avenue
Croton-on-Hudson, NY 10520
Tel: (914) 862-0844
Fax: (914) 862-0879
Law Offices of Michael D. Kaufman, PLLC
The IEP (individualized education program) for my older child is totally unsatisfactory, and the school district says my younger child is not disabled and will not even give her an IEP. Can I appeal these decisions?
You may file what is referred to as a "due process complaint" for each child. As stated in the State Regulations "A parent ... may file a due process complaint with respect to any matter relating to the identification, evaluation or educational placement of a student with a disability, or a student suspected of having a disability, or the provision of a free appropriate public education [FAPE] to such student." This request for an impartial due process hearing must be made within two years of "the date the parent ... knew or should have known about the alleged action that forms the basis of the complaint"1
If the decision of the impartial hearing officer is against your child you may file an appeal to a State Review Officer of the State Education Department2. The first step is to serve on the school district a notice of intention to seek review which must be served within 25 days from the date of the decision. The next step is to serve on the school district the notice with petition for review. The petition must be served within 35 days of the decision3. The petition for review and notice of intention must then be filed with the Office of State Review of the State Education Department along with proof of service that they were personally served upon the school district. This must be filed with the Office of State Review within three days of service4.
If the decision of the State Review Officer is against your child you have the right to bring a civil action within, until June 30, 2012, four months from the date of the decision. Thereafter the federal 90 day limitation replaces the four month period5. This action may be brought in the State Supreme Court or in federal district court.
1 8 NYCRR § 200.5(i), 34 CFR § 300.507
2 8 NYCRR § 200.5(k)
3 8 NYCRR § 279.2(a),(b)
4 8 NYCRR § 279.4(a)
5 NY Educ. § 4404(3)(a), 20 USC § 1415(i)(2)(B)