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Education Law
New York & New Jersey Special Education Law
When the Department of Education fails your child, federal law gives you the right to fight back. We know exactly how.
The Legal Standard
Understanding FAPE
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. This isn’t a suggestion. It’s federal law.
FAPE requires school districts to provide individualized special education services and related supports at no cost to the family. The standard: the child must receive a program “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”
In practice, the NYC Department of Education routinely falls short. IEPs are developed without meaningful parent input. Services are delayed, reduced, or simply never provided. Evaluations are incomplete. Parents are told their child “doesn’t qualify” when the real issue is district budget pressure.
When the district fails to provide FAPE, parents have the legal right to challenge those decisions through a formal due process complaint and impartial hearing. That’s where we come in, with the litigation experience to make the district take your child’s rights seriously.
What We Handle
Education law services.
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
When the DOE fails to offer an appropriate placement, you have the right to place your child in an approved private school and seek full tuition reimbursement. We build the record and file the claim.
SETSS Funding
Special Education Teacher Support Services (SETSS) provide critical individualized instruction. When the DOE delays or denies these services, we pursue retroactive funding and immediate implementation.
FAPE Violations
If your child's IEP is inadequate, unenforced, or developed without meaningful input, the district is violating IDEA. We document the violations and initiate the complaint process.
Impartial Hearings
When negotiation fails, we represent you before an Impartial Hearing Officer. Allan's litigation background means we come prepared to win, not just present.
Disciplinary Actions
Suspensions and expulsions disproportionately affect children with disabilities. We challenge improper disciplinary actions and protect your child's right to education.
Testing Accommodations
Extended time, separate settings, and other accommodations are legally mandated when documented. We ensure your child receives every accommodation they're entitled to.
The same litigation precision that drives our business law practice.
Allan Shehebar brings the rigorous, results-driven approach behind Shehebar Law’s business litigation to every education law case he takes on.
Protect what matters most.
Call or email to discuss your business law, trademark, or corporate matter. We also represent families in special education disputes.
All consultations are confidential. Attorney-client privilege attaches from your first communication.