If you have a child with a disability and you do not believe they received a free and appropriate public education or reasonable accommodations, you have due process rights. These include the right to request an impartial hearing.
What happens at an impartial hearing?
At an impartial hearing, both the family and the district will have the opportunity to present arguments and evidence to a hearing officer. Hearing officers are NY State-licensed attorneys. The hearing officer will consider the positions of the parties and determine whether the student was denied a free and appropriate education, and what the appropriate remedy is.
It is a good idea to keep track of all your communication (meetings, emails, letters, phone calls) with all NYC Department of Education (DOE) staff.
To Request an Impartial Hearing
You can request a hearing in writing by emailing the impartial hearing office at IHOQuest@schools.nyc.gov, and include speced@nysed.gov.
- Your child's full name and the address where your child lives
- Your child’s ID number (you can find this on their report card)
- Your child’s birth date
- The name of the school your child attends
- Your name and contact information, including email
- Your description of the problem, with as many facts as you know
- The solution you want the DOE to provide
If you prefer to submit by mail, send original to: Impartial Hearing Office 131 Livingston Street, Room 201 Brooklyn, New York 11201 with a copy to New York State Education Department, P-12 Office of Special Education 89 Washington Avenue – Room 309 EB Albany, New York 12234.
You may also fax your complaint to the Impartial Hearing Office at (718) 391-6181. Please keep a copy for your own records.
You can use the following form to help you write your request, but it is not required. This completed form should be attached to the email.
Resolution Meeting
If you request an impartial hearing, DOE staff will contact you to schedule a meeting about the issues in your complaint. This meeting is called the “Resolution Meeting.” This is an opportunity to discuss your complaint and reach an agreement. If you do not reach agreement on any or all the issues in your complaint, a hearing will be held.
You may request mediation instead of a resolution meeting.
Parent Representatives
You have the right to retain an attorney or an advocate to file a due process complaint on your behalf and represent you during any meetings or impartial hearings.
New York City Public Schools will not release any information about your child’s case to a non-attorney advocate without the receipt of a notarized advocate authorization form. If you retained a non-attorney advocate to represent you during an impartial hearing process, please submit the completed and notarized advocate authorization form below to IHOQuest@schools.nyc.gov.
Parent Packets
Forms, templates, and additional information for parents who are not represented by an advocate or attorney can be found in the parent packet below.
For More Information
Implementation of an Impartial Hearing Order
If you receive an impartial hearing order, the Impartial Hearing Order Implementation Unit will work with you or your advocate to make sure the DOE follows the order.