Guide · New York

The school missed an IEP deadline in New York. What can I do?

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You signed the consent form, you've been counting the days, and the date came and went. Nobody called. It's frustrating, and it's also common. The good news is there's a calm, step-by-step way to get things moving again, and none of it needs a lawyer.

1. Check the date first

Before you write to anyone, make sure the deadline really passed. Some deadlines count calendar days, some count school days, and some pause over summer break. That's the part people most often get wrong, in both directions.

In New York, the evaluation is due 60 calendar days after the school gets your consent. Check your exact date.

There are also two federal exceptions where the evaluation clock doesn't apply: if the child repeatedly isn't brought to the evaluation, or if the child moves to a different district partway through (34 CFR §300.301(d)).

2. Send a short, polite email

A late evaluation doesn't always mean the school doesn't care. Sometimes it's a scheduling backlog, and a friendly written note is enough to get it moving. Send it to the chairperson of the Committee on Special Education (CSE):

Dear [name],

I signed consent for [child's name]'s evaluation on [date]. By my count, the evaluation was due by [date] under New York rules, and I haven't heard about results yet.

Could you let me know when the evaluation will be finished and when we can meet to go over it?

Thank you,
[your name]
[phone]

Writing it down matters. If you ever need to take the next step, a dated email is your record.

3. If a week goes by with no answer

Send a second, still polite email to the superintendent, copy the special education director, and mention the date of your first email. Say that you'd like a reply within five school days and that you'd prefer to work this out with the school. You can also call your state's free Parent Center, which helps families with exactly this.

4. If it's still stuck: a state complaint

Every state has to take written complaints about special education rules being broken, and it's free (34 CFR §300.153). A few things worth knowing:

• The complaint has to be about something that happened within the last year (§300.153(c)).
• It needs to say what rule was broken, the facts, what you'd like to happen, and your signature and contact information.
• The state usually has 60 days to decide (§300.152).
• If the state finds your child went without services they should have had, it has to address that, for example with compensatory services, meaning extra services to make up for lost time (§300.151(b)).

In New York, complaints go to the New York State Education Department: how to file.

A word about how this feels

Waiting is exhausting, especially when your child is struggling right now. Following up isn't nagging, and it isn't picking a fight. Deadlines exist so kids don't fall through the cracks, and asking about one is just part of making sure yours doesn't.

General information, not legal advice. Rules checked against the regulation text in November 2026.