If you’re a parent of a child with disabilities in a private school in NYC, there’s an important deadline you need to know: June 1. This deadline is key to ensuring your child receives the special education services they need for the upcoming school year—missing it can delay or even prevent those services. Are you wondering how to make sure your child gets the right services? Make sure to submit a request for an Individualized Education Services Plan (IESP) by June 1 to secure the support your child deserves.
If your child attends a private school in NYC and needs special education services, you must act by June 1. Missing this deadline can delay or even block services for the upcoming school year. To protect your child’s rights, submit an IESP request by June 1. Not sure how to start? Our NYC Special Education attorneys can help make sure your child gets the support they deserve.
What is an IEP vs. an IESP?
IEP (Individualized Education Plan): This is a plan for children with disabilities who attend public schools in New York City. It outlines the specific services your child will receive, like additional support with schoolwork, speech therapy, or other help to succeed in the classroom.
IESP (Individualized Education Services Plan): Similar to an IEP, but for children who attend private or religious schools in NYC. If your child is in a private school and needs special education services, the IESP is the plan that specifies which services your child will receive.
Understanding the June 1 deadline begins with knowing the difference between an IEP and an IESP. If you’re looking for help making sure your child’s services are properly in place, our IEP and IESP implementation attorneys can guide you.
Why the June 1 Deadline for IESP Students is Crucial in NYC
Submit your request for special education services by June 1 to secure support for the upcoming NYC school year. Services include speech therapy, occupational therapy, special education teacher support services (SETSS), tutoring, and other academic supports your child needs to succeed.
It’s important to note that this deadline applies every year, and it only affects children attending private school settings. Even if your child has received services in the past, you still need to submit a new request every year by June 1.
What Happens If You Miss the June 1 Deadline for IESP Services?
Missing the June 1 deadline can make it more difficult to get the services your child needs. The law is clear: if the request isn’t submitted on time, the school district doesn’t have to offer any special services for the upcoming year.
There have been cases where parents missed the deadline and had to prove they submitted the request on time. The school district is not required to remind you about the deadline, and not knowing about it is not an excuse. If the deadline is missed, the district isn’t required to provide services.
Can the June 1 Deadline for IESP Services Be Waived?
Some parents think the school district might overlook a missed June 1 deadline or allow extra time. That’s rarely true. The law requires both the parent and school district to know and agree to waive the June 1 deadline. In most cases, if you miss the deadline, the district won’t agree to waive it.
Even if your child got services last year, they won’t automatically continue without a new request by June 1. Courts have made it clear: past services don’t guarantee future ones unless you submit a new, timely request. Whether the June 1 deadline can be waived is still debated, but key points have emerged from past cases.
Some courts found that if the district creates an IESP after June 1, it may count as a waiver. In one case, a district created an IESP late and still had to provide services under that plan.
But not all courts agree. Just creating an IESP after June 1 doesn’t always show the school waived the deadline. If the district prepares an IESP in spring to start in fall, that alone may not waive the deadline. Also, if the school sends a request form late and the parent returns it, that’s not enough to waive the deadline. The form usually states it must be returned by June 1. Sending or returning it late doesn’t override that rule.
What Does Missing the June 1 IESP Deadline Mean for Parents?
If you miss the June 1 deadline, the school district may not have to provide services for the next year. In rare cases, the district’s actions—like preparing an IESP—might waive the deadline, but that’s not guaranteed. If you missed the deadline, contact a lawyer right away to understand your options and protect your child’s rights.
What If Your Child Was Already Identified as Having a Disability?
Even if your child has already been identified as having a disability and received services in the past, you still need to submit a new request by June 1. This applies every year, regardless of prior services. Missing the deadline could result in your child being denied services for the next school year.
Special Circumstances for IESP Requests
In some cases, a child may be identified as having a disability after June 1. If this happens, the rules are different:
- If your child is identified between June 1 and March 31, you must submit your request within 30 days of being informed of the disability.
- If your child is identified after March 1, the request will count for the following school year.
These special rules only apply when your child is newly identified as having a disability. If your child was already receiving services, the June 1 deadline still applies.
Key Takeaways for Parents in NYC
- Submit Your Request by June 1: To ensure your child gets the services they need, make sure to submit your request by June 1.
- Don’t Rely on Past Services: Even if your child received services last year, you still need to submit a new request for the upcoming school year.
- Know Your Rights: Missing the deadline may make it difficult to get the services your child needs. The law is strict about the deadline, and waivers are rare.
What If You Need More Time?
In some cases, the NYC school district might give extra time, but extensions are not guaranteed. If you can’t meet the June 1 deadline, act quickly and get legal advice right away. An experienced attorney can explain your options and help you take the right steps to protect your child’s education.
Contact an Experienced NYC Special Education Attorney
As a parent, you must take action to ensure your child receives the special education support they need in school. Meeting the June 1 deadline helps secure the services your child is entitled to for the upcoming school year. Missing this deadline could delay or even prevent your child from receiving the necessary support.
Our firm, led by a former NYC Special Education Hearing Judge, knows the process and fights for your child’s rights. We help you meet deadlines and make sure your child receives the special education services they need to succeed.
If you are unsure about your next steps, contact the experienced NYC special education lawyers at The R.M.L. Law Firm, PLLC today at (516) 765-5566 for a free case evaluation. Let us help ensure your child’s educational needs are met on time, every year.
