Signs the DOE Is Not Meeting Your Child's Needs
Many parents sense that something is wrong with their child's educational program before they can articulate exactly what it is. Here are some concrete signs to watch for.
Services Are Not Being Delivered
If your child's IEP says they receive speech therapy three times per week but sessions are frequently cancelled or the therapist position has been vacant for months, that is a problem. The DOE is legally required to deliver the services written in the IEP.
Keep a log of missed sessions. Ask the school for session attendance records. If services are being missed, document it in writing by emailing the school administrator and CSE chairperson.
The IEP Is Not Being Followed
The IEP is not a suggestion. It is a binding plan. If your child's IEP calls for a specific class size, a particular support, or a certain amount of direct instruction and those things are not happening, that is a legal violation.
Common examples: a student placed in a class larger than the IEP specifies, accommodations not being provided during testing, or a paraprofessional assigned in the IEP who is never in the classroom.
Your Child Is Regressing
If your child is losing skills they previously had, or is clearly not making meaningful progress, that is worth paying attention to. Regression can be evidence that the current program is not appropriate.
This is especially relevant if your child shows regression after school breaks and does not recover those skills, which can support a claim for Extended School Year (ESY) services.
The School Is Unresponsive or Dismissive
If you raise concerns and they are consistently brushed aside, if you cannot get callbacks, or if school staff tell you your child is "doing fine" when your own observations suggest otherwise, that is a red flag.
Start communicating in writing. Email is your friend in these situations. A paper trail of your attempts to address concerns and the school's responses becomes evidence if you need to escalate.
Evaluations Are Being Delayed or Denied
If you have requested an evaluation and the DOE has not responded, or if the evaluation has been delayed well beyond the 60-day timeline, that is a violation. You also have the right to request an independent evaluation if you disagree with the DOE's findings.
IEP Goals Are Not Being Addressed
Progress reports should tell you whether your child is meeting their IEP goals. If goals are being marked as "in progress" year after year without real evidence of progress, or if the goals are so vague they cannot be measured, the program may not be working.
What to Do
If you are seeing several of these signs, it may be time to consult with a special education attorney. Before you do, start gathering documentation: emails, progress reports, IEPs, and anything else that creates a record of what has been happening.
We are happy to review your situation and help you figure out whether you have a legal claim and what your options are.
Mastrangelo & Saul | New York City Special Education Law | This content is for informational purposes only and does not constitute legal advice.
