What is FAPE and what does it mean for my child?

FAPE stands for Free Appropriate Public Education. Under the Individuals with Disabilities Education Act (IDEA), every child with a disability in the United States is legally entitled to a FAPE. This means the school district must provide individualized special education services and related supports at no cost to the family. The program must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” When a district fails to provide FAPE, parents have the right to challenge that failure through due process, including impartial hearings.

What is an IEP and what can I do if the school is not following it?

An Individualized Education Program (IEP) is a legally binding document that outlines the special education services, goals, and accommodations your child is entitled to receive. If the school district is not implementing the IEP as written, you can file a complaint with your state education department or initiate a due process complaint. An education law attorney can help you document the violations, negotiate with the district, and pursue legal remedies including compensatory services or tuition reimbursement.

What is SETSS and how can I get reimbursed for special education services?

SETSS stands for Special Education Teacher Support Services. SETSS provides individualized or small-group instruction from a certified special education teacher, typically delivered in a general education classroom setting. When the NYC Department of Education fails to provide mandated SETSS sessions, parents may be entitled to fund those services privately and seek reimbursement from the district. An education law attorney can help you document the service failure, arrange qualified providers, and pursue retroactive SETSS funding through the proper legal channels.

Can I get tuition reimbursement if the public school placement is not appropriate?

Yes. Under the IDEA, if a school district fails to offer your child a Free Appropriate Public Education in the least restrictive environment, parents who unilaterally place their child in an appropriate private school may be entitled to tuition reimbursement. To succeed, parents must show that the district’s proposed placement was inappropriate and that the private school placement was appropriate. The legal process typically involves a due process complaint and an impartial hearing. Shehebar Law P.C. handles the full tuition reimbursement process for families in New York and New Jersey.

What is an impartial hearing in New York special education law?

An impartial hearing is a formal legal proceeding in New York State where disputes between parents and school districts over a child’s special education rights are resolved before an Impartial Hearing Officer (IHO). The IHO functions similarly to a judge. Parties submit evidence, examine witnesses, and present legal arguments. The IHO then issues a written decision that is binding. Parents can appeal an adverse IHO decision to the State Review Office (SRO) and, if necessary, to federal court. Having an attorney with real litigation experience — not just a letter-writing background — is critical to succeeding at an impartial hearing.

How do I start the process to fight my school district?

The first step is a case evaluation with an education law attorney. Y. Allan Shehebar reviews your child’s IEP, evaluations, district correspondence, and prior denials to assess the strength of your claim. If there is a viable legal path forward, Shehebar Law P.C. will recommend whether to pursue a resolution through negotiation or through a formal due process complaint and impartial hearing. To request a confidential consultation, call (718) 790-6175 or use the contact form at shehebarlaw.com.

Special Education

New York Special Education Law

When the Department of Education fails your child, federal law gives you the right to fight back. We know exactly how.

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The Legal Standard

Understanding FAPE

School desk with notebook in an empty classroom

Under the Individuals with Disabilities Education Act (IDEA), every child with a disability is entitled to a Free Appropriate Public Education, commonly known as FAPE.

When your child isn’t getting the special education services they need, every missed day matters.

Too often, school districts fail to provide the support students are legally entitled to. Services are delayed or never delivered. You shouldn’t have to fight the school system alone.

At Shehebar Law, we advocate for families in disputes involving their children’s special education services, including IEPs, IESPs, evaluations, related services, pendency rights, and due process hearings.

When the school district fails to provide for your child, we fight for your rights and ensure that the school district is fulfilling their duties.

What We Handle

How We Help Families.

Every case begins with a thorough review of your child’s educational records and a clear-eyed assessment of the strongest path forward.

Tuition Reimbursement

If the district fails to provide an appropriate educational program, you may have the right to place your child in an appropriate private school and seek reimbursement. We guide families through every step of the process.

IEPs & IESPs

A strong educational program begins with the right plan. We challenge inadequate IEPs and IESPs, advocate for appropriate services and placements, and ensure your child's educational needs—not the district's budget—drive the recommendations.

Failure to Implement Services

Even when the DOE agrees your child needs services, they often fail to provide them. We pursue immediate implementation, compensatory education, and funding when mandated services are delayed, reduced, or never delivered.

Independent Educational Evaluations (IEEs)

When the district fails to evaluate or their evaluation doesn't tell the full story, parents may have the right to an independent evaluation at public expense. We help families secure the expert assessments their child deserves.

Compensatory Education

When services have been missed or denied, simply moving forward isn't enough. We pursue compensatory services designed to make up for educational opportunities your child has lost.

Protect what matters most.

Call or email us to discuss your legal needs.

Request a Consultation Or call now: (718) 790-6175

All consultations are confidential. Attorney-client privilege attaches from your first communication.