Is Your Child Falling Behind in School? NYC Parents May Have More Options Than They Realize
Many parents notice when something isn’t right with their child’s education.
Maybe their child is:
- Falling behind academically
- Not receiving the services listed on their IEP
- Placed in a classroom that doesn’t meet their needs
- Struggling despite school supports
What many NYC families don’t realize is that there may be legal pathways to obtain additional educational services at no cost.
Understanding these options can make a significant difference in a child’s development and long-term success.
When the School System Isn’t Meeting Your Child’s Needs
Under federal law, students with disabilities are entitled to a Free Appropriate Public Education (FAPE).
However, many NYC students particularly those in specialized programs or restrictive placements may not be receiving the level of support they require.
When this happens, families may have the right to file a Due Process Complaint that could lead to an Impartial Hearing Order (IHO) requiring the Department of Education to fund additional services.
These services can often include:
- 1:1 ABA therapy
- Neuropsychological evaluations
- Counseling
- Social skills groups
- Parent Training
- Special education tutoring
- Functional Behavioral Assessments (FBA) and Behavior Intervention Plans (BIP)
According to the informational guide for families, these services can sometimes be provided in the home, school, or clinical setting at no cost to parents when ordered through the hearing process.
What Is an Impartial Hearing Order (IHO)?
An Impartial Hearing Order is a legal decision that may require the NYC Department of Education to fund services for a student when it is determined that the school system did not provide appropriate support.
This process typically involves:
- Identifying that a student is not making adequate progress
- Filing a Due Process Complaint with the help of an attorney
- Reviewing educational records and evaluations
- Presenting the case in a hearing
- Receiving a decision that may authorize services
If the case is successful, students may receive additional services funded by the DOE, sometimes through private providers.
For a more detailed breakdown of the process, you can visit our guide on
Here's a comprehensive flyer for parents about the IHO process of obtaining services.
Which Students May Qualify?
While every situation is unique, some students who may benefit from exploring this option include those who:
- Have an IEP and are age 4 or older
- Have Autism or other developmental disabilities
- Are placed in settings that may not be appropriate for their needs
- Are missing related services
- Are making minimal academic or behavioral progress
What Families Should Know About Costs
A common concern for parents is whether legal or educational services will be expensive.
In many cases, attorneys involved in these cases operate under a fee-shifting model, meaning their fees may be paid by the Department of Education if the case is successful.
Educational services obtained through the hearing order are often funded by the DOE and do not affect other financial assistance programs.
How Manhattan Psychology Group Supports Families
Manhattan Psychology Group is a multidisciplinary mental health and ABA practice that has worked with families and special education attorneys since 2016 to help students access the services they need.
When appropriate, families may be connected with trusted legal professionals who can evaluate their case and guide them through the process.
Our goal is to help ensure students receive the support necessary to thrive academically, socially, and emotionally.
Take the First Step
If you believe your child may not be receiving the educational support they need, learning about your options can be an important first step.
You can:
