What happens if the district does not approve my child's accommodation plan?

If services are denied and you want to challenge the district's decision, you have two options:

1.         Initial Conciliation.  You have the right to ask that the Chancellor appoint a third party to review the decision to reject services for your child.  To request conciliation, send a letter to: Chancellor, New York City Board of Education, 110 Livingston Street, Brooklyn, NY 11201.  The Chancellor has 5 days from the date of receiving your letter to assign a designee.  The designee must give you a decision within 10 days of receiving your request. (Note: Although the conciliation process is offered in the Board of Education's regulations, advocates have found that the process is largely ineffectual in practice.  If you are concerned about time restraints, we suggest that you skip conciliation and move to the next step, impartial hearing.)

2.         Impartial Hearing.  Within 10 days of receiving an unfavorable decision from the chancellor or at any time that your child's rights are being violated under Section 504, you can ask for a Section 504 Impartial Hearing by writing to: Impartial Hearing Office, New York City Board of Education, 131 Livingston Street - Room 201, Brooklyn, NY 11201.  The hearing is a formal process in which you will have a chance to contest the district's decision in front of a neutral hearing officer, whose decision must be followed by the district.  Your rights in the hearing process include the right to be represented by an attorney and to present evidence and testimony.