The NYC DOE Has Lawyers.
Now Your Child Does Too.
Impartial hearings at OATH. Tuition reimbursement. Pendency rights. All five boroughs. With a New York-barred attorney as your attorney of record.
What Is the NYC DOE Doing to Your Child?
Pick your situation. We will tell you exactly what the law says and what to do next.
Tuition Reimbursement for Private Placement
Most CommonThe NYC DOE failed to offer your child a free appropriate public education. You placed them privately. Under Burlington/Carter, the DOE must reimburse you. Keith works with you from intake through strategy and case preparation. A New York-barred attorney files and litigates before OATH Impartial Hearing Officers as your attorney of record.
Impartial Hearing at OATH
NYC impartial hearings are conducted by IHOs at the Office of Administrative Trials and Hearings (OATH). If the DOE denied your child appropriate services, an impartial hearing is how you enforce your child’s IDEA rights. Keith is involved from your first call through strategy and preparation. Your New York attorney of record handles appearances, filings, and the hearing itself.
CSE Meeting Violations
The Committee on Special Education (CSE) ignored your input, predetermined the outcome, or denied your child appropriate services and placement. These procedural violations are grounds for an impartial hearing.
Pendency Rights (Stay-Put)
Your child has the right to remain in their current placement and receive current services during any dispute with the DOE. If the DOE tries to change your child’s placement, pendency protects them. Your New York attorney of record enforces stay-put rights at OATH, with Keith directing strategy.
IEP Not Being Followed
The DOE agreed to services in writing and is not delivering them. Failure to implement an IEP is a denial of FAPE and a violation of federal law. Your New York attorney of record holds the DOE accountable at OATH, backed by Keith’s 27 years of IDEA experience.
Services Denied or Reduced
The DOE cut your child’s related services, denied a 1:1 paraprofessional, or reduced supports without proper evaluation or CSE review. Your New York attorney of record fights to restore or compensate denied services, with Keith’s national IDEA expertise behind every argument.
How NYC Hearings Work
The NYC Impartial Hearing Process
In New York City, IDEA disputes are resolved through impartial hearings conducted at the Office of Administrative Trials and Hearings (OATH). Here is how the process works.
File a Due Process Complaint
Keith works with you to identify the DOE’s violations and develop the theory of the case. Your New York attorney of record drafts and files the due process complaint. This triggers the impartial hearing process and your right to a resolution conference with the DOE.
Hearing Before an IHO at OATH
Your case is assigned to an Impartial Hearing Officer (IHO) at OATH. The IHO conducts the hearing, hears testimony, reviews evidence, and issues a binding decision. Your New York attorney presents the case and cross-examines DOE witnesses. Keith’s strategic preparation and 27 years of IDEA pattern recognition are behind every argument at the hearing table.
IHO Decision
The IHO issues a written decision. Remedies may include compensatory services, tuition reimbursement, changes to the IEP, independent educational evaluations, or other corrective action by the DOE.
Appeal to the State Review Officer
Either party may appeal the IHO’s decision to the State Review Officer (SRO) at the New York State Education Department. The SRO reviews the record and can affirm, reverse, or modify the IHO’s ruling. Further appeal goes to federal court.
NYC timeline: The DOE must resolve impartial hearing requests within 75 days of filing. Extensions are common, but the IHO must issue a decision promptly. Keith and your New York attorney push for fast resolution so your child does not fall further behind.
NYC’s #1 IDEA Issue
Tuition Reimbursement for Private School Placement
When the NYC DOE fails to provide your child with a free appropriate public education (FAPE), federal law entitles you to place your child in an appropriate private school and seek full tuition reimbursement from the DOE through an impartial hearing at OATH.
DOE Fails Your Child
The DOE does not offer an appropriate placement or program. The IEP is inadequate, the school cannot deliver required services, or the CSE process was flawed.
You Place Privately
You unilaterally place your child in a private school that provides the services and environment your child needs to make meaningful educational progress. You send the DOE a 10-day notice.
IHO Orders Reimbursement
Your New York attorney files for an impartial hearing at OATH. Under the Burlington/Carter framework, the IHO orders the DOE to reimburse you for tuition and related costs. Keith has secured private placements and tuition reimbursement for families across the country over 27 years.
Know Your Rights
Committee on Special Education (CSE) Violations
The CSE is responsible for evaluating your child, developing the IEP, and recommending placement. When the CSE violates IDEA procedures, your child’s right to FAPE is at stake.
Predetermined Outcomes
The CSE decided your child’s placement or services before the meeting. Your input was ignored. This is a procedural violation that denies your right to meaningful participation.
Missing Team Members
Required CSE members were absent without your written consent. The DOE cannot hold a valid CSE meeting without all required participants.
Denied Independent Evaluations
You disagreed with the DOE’s evaluation and requested an Independent Educational Evaluation (IEE) at public expense. The DOE must either fund the IEE or file for an impartial hearing to defend its own evaluation.
Inadequate Evaluations
The DOE failed to evaluate your child in all areas of suspected disability. Incomplete evaluations lead to inadequate IEPs and denied services.
Pendency: Your Child’s Stay-Put Protection
Under IDEA, your child has the right to remain in their current educational placement during any dispute with the DOE. This is called pendency or stay-put. The DOE cannot unilaterally change your child’s placement, reduce services, or move your child to a different school while an impartial hearing is pending.
If the DOE violates pendency, your New York attorney can seek an emergency order from the IHO at OATH to enforce your child’s right to stay-put, with Keith directing pendency strategy.
How We Get Paid
Attorney Fees in New York IDEA Cases
IDEA includes a fee-shifting provision. When parents prevail in an impartial hearing, the school district must pay reasonable attorney fees. Here is how that works in New York.
You Sign a Retainer
You engage your New York attorney of record with a standard retainer agreement covering representation at OATH and related proceedings.
We Seek Fee-Shifting
When your New York attorney prevails or obtains a favorable settlement, they petition the IHO or federal court for attorney fees under 20 U.S.C. § 1415(i)(3). The DOE pays.
District Pays Our Fees
In most cases, the DOE pays attorney fees through IDEA fee-shifting. Your out-of-pocket cost is limited to the retainer.
Fee-shifting outcomes depend on the merits of each case. Not every case results in a fee award. Free consultation — we will evaluate your situation before you commit.
Our Approach in New York
National IDEA Expertise. New York Attorney of Record.
When you contact us about a New York matter, Keith works with you from intake through strategy and preparation. A New York-barred attorney serves as your attorney of record for appearances, hearings, and filings at OATH and before the State Review Officer. Keith H.S. Peck is licensed in Hawaii only and does not appear in New York proceedings. His role is strategy, preparation, and 27 years of IDEA expertise — 800+ cases, 100+ federal court matters, and precedent-setting wins at the Ninth Circuit — behind every case.
27+
Years of IDEA Experience
800+
IDEA Cases Nationwide
100+
Federal Court Cases
3
Class Actions Filed
45+
Federal Courts Citing Our Doug C. Precedent
$4.4M+
Largest Section 504 Settlement
How New York cases work: When you contact us, Keith works with you personally from your first call. He develops the theory of the case, identifies the DOE’s violations, and directs strategy throughout. A New York-barred attorney serves as your attorney of record — appearing at OATH, signing filings, and handling all New York proceedings. Keith H.S. Peck is licensed in Hawaii only. He does not appear in New York proceedings. What he brings is 27 years of IDEA experience, 800+ cases, and the kind of strategic preparation that changes outcomes.
Past success does not guarantee future results. Each case is unique.
Client Testimonials
What Parents Say
"Attorney Keith Peck has been a blessing to our family. After losing our case at the administrative level in Arizona, we contacted him after reading about one of his famously successful cases in the Ninth Circuit. With his help, we were able to overturn the administrative decision in district court."
— Randy and Lori
via Avvo
"Mr. Peck is a consummate attorney, tactician, and advocate for his clients. His bulldog-like tenacity, unsurpassed knowledge of special education law along with his 'take no prisoners' attitude make him, in our opinion, the foremost special education attorney in the country."
— Joe D'Alessandro
via Google
"Keith Peck is incredible. He knows SPED laws for the state and nation, knows how to hold the school district fully accountable, and has helped us avoid being taken advantage of as parents who do not understand how things work. If you need a warrior, Keith is your lawyer."
— Leslie Witten
via Google
These are verified client reviews from Google and Avvo. Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Upload Your IEP. Jin Will Tell You What the NYC DOE Got Wrong.
Jin is our AI advocacy assistant. Upload your child’s IEP or Prior Written Notice and she will run a free preliminary evaluation — flagging missing services, inadequate goals, and procedural failures. Instant results. 24/7. No cost.
Free Preliminary IEP Evaluation
Upload your child’s IEP and/or Prior Written Notice (PWN). Jin will scan the documents and highlight potential violations — the same things we look for after 800+ cases.
PDF or DOCX. Your documents are confidential.
Not ready to upload? Ask Jin anything about your child’s rights — .
Stop Waiting. Start Fighting.
Every day your child does not get what they need is a day your child falls further behind. The call is free. The consultation is confidential. And if we take your case, our attorney fees are paid by the DOE through IDEA fee-shifting — not you.
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