June 1, 2023

Can You Appeal an IEP Decision?

If you have ever been through the Individualized Education Program (IEP) process, you know that it can be an emotional rollercoaster. There are many opportunities for things to go wrong, from the initial IEP meeting and developing your child's individualized education plan to its implementation. If you find yourself in a situation where you need to appeal your child's IEP decision, it is crucial to note that you have options.

What is an Individualized Education Program (IEP)?

An IEP can aid in providing your child with the best learning experience for their needs. Your child's IEP is a written plan outlining their learning goals, accommodations, and progress monitoring. It is created specifically for your child by representatives from several divisions in your local school system, such as special education teachers, general education teachers, and related services personnel.

Your child's IEP reflects their unique needs and any special circumstances they may have, such as disabilities that affect their educational performance.

Can You Appeal an IEP Decision?

If your child has an Individualized Education Program (IEP) and you disagree with a decision made in the IEP process, you can appeal the decision. Depending on your situation, the appeals process can take several forms, such as mediation or a due process hearing.

Before you get started, review your state's Individuals with Disabilities Education Act (IDEA) website or contact your local school board to learn more about the appeals process and be aware of any deadlines that may apply. Additionally, speaking with an advocate or attorney might help you get further guidance.

How Our New York Special Education Attorneys Can Help

A New York special education attorney can help you in multiple ways. At Mizrahi Kroub LLP, our lawyers are passionate about ensuring every child gets the educational services and support they need to succeed. Here are some of the ways we can help:

  • Understanding Accessible Legal Channels: We will explain all accessible legal channels within state or federal laws that may apply to your case. We can also provide insight into deadlines, statutes of limitations, and other procedural elements of an IEP appeal.
  • Researching Your Child's Educational Needs: Our New York special education lawyers can help you research your child's IEP and recommend extra services or modifications. They can review any assessments and analyze the data collected by school psychologists and medical professionals, if necessary. Our attorneys are dedicated to working with all parties to ensure your child receives the necessary accommodations and services mandated by law to meet their educational needs.
  • Presenting Your Case: Having us by your side is invaluable when presenting your case before an impartial hearing officer or judge. We will carefully prepare for the hearing in advance, prepare witnesses and review evidence based on your child's educational needs before submitting it as part of the case.

Contact our Experienced New York Special Education Attorneys Today

If you think your child is not getting the services they need, contact us today to learn more about how you can benefit from our legal services. Do not let an unfavorable decision stand in the way of giving your child the educational opportunities they deserve.

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