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School & Student Rights

Students have rights with respect to education services. The Legal Aid Society provides early intervention, special education, general education and school suspension advocacy for children in New York City.

How To Get Help

If The Legal Aid Society represents you or your child in a Family Court or Criminal Court case, you can reach out to the attorney for help with education issues.

If you are not involved in a Family Court or Criminal Court case, you can ask for help with your child’s education needs by calling The Legal Aid’s Civil Access to Benefits helpline at 888-663-6880.

Important Things To Know

Legal Aid is compiling the most up to date information and resources for clients during the evolving COVID-19 pandemic.

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NYC provides educational opportunities for children from pre-k to high school.

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Homeless students in NYC have the right to an education.

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Know Your Rights

What You Need to Know About Pre-School Special Education

To access special education for your 3-5 year old child, you need to make a referral to the Committee on Preschool Education in the school district where the child lives. Learn more about how to get your child enrolled, and what to expect in the process.

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What You Need to Know About School-Age Special Education

To access special education for a 5-21 year old child in public school, you need to make a referral to the principal or school psychologist. If your child attends private school, charter school, or is not enrolled, you should send your referral to the Committee on Special Education for the district where the child lives. Learn more about how to get your child special education services, and what to expect in the process.

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What You Need to Know About Early Intervention Services

Early Intervention is a free program that provides services to children birth to age three who have developmental delays or disabilities. In New York City the program is run by the Department of Health and Mental Hygiene. Learn more about how you can access Early Intervention for your child, and what you can expect along the way.

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What You Need to Know About Homeless Student Rights

The McKinney-Vento Homeless Assistance Act protects the educational rights of students who are homeless. Learn more about the process and eligibility.

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What You Need to Know About Alternative Schools & High School Equivalency Degree Programs

The Department of Education (DOE) offers a variety of options for students who have not succeeded in traditional high school environments through Transfer Schools and District 79 Programs. Learn more below to see if you can benefit from these programs.

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What You Need to Know About School Suspensions

Children can be suspended from school for certain violations of the NYC Department of Education’s Discipline Code. Learn more about how to prevent suspensions, and what to expect at suspension hearings.

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What You Need to Know About School Registration & Enrollment

New York City provides educational opportunities for children starting with Pre-Kindergarten at age 4 through high school. Get help with school registration and enrollment below.

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Terms You Might Hear

The justice system can be overwhelming. Get familiar with some legal terms and acronyms you might hear like appeal, adjournment, petition, jurisdiction, deposition, and affidavit.

See All Terms
  • Adjournment – A temporary postponement of a case until a specified future time.
  • Appeal – When either a plaintiff or defendant (sometimes both) asks a higher court to consider a lower court judge's decision.
  • Attorney – A person admitted to practice law and authorized to perform criminal and civil legal functions on behalf of clients.
  • Custody – The care, possession, and control of a thing or person.
  • Delinquency – An offense or misdemeanor; a misdeed; A debt or other financial obligation on which payment is overdue.
  • Evidence – A form of proof or probative matter legally presented at the trial of an issue by the acts of the parties and through witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court or the jury.
  • Expunge – To intentionally destroy, obliterate, or strike out records or information in files, computers, and other depositories.
  • Foster Care – A system in which a child lives with and is cared for by people who are not the child's parents for a period of time.
  • Lien – A claim on specific property for payment of a debt.
  • McKinney-Vento Homeless Assistance Act – This law ensures educational rights and protections for children and youth experiencing homelessness.
  • Medicaid – A health insurance program for low-income and individuals with disabilities. Jointly paid for by the federal and state government.
  • Mortgage – A legal document by which the owner (i.e., the buyer) transfers to the lender an interest in real estate to secure the repayment of a debt, evidenced by a mortgage note.
  • Motion – A request to the court, usually in writing, for relief before the trial on the parties' claims, or for different or additional relief after the trial decision.
  • Petition – In special or summary proceedings, a paper like a document filed in court and delivered to the respondents, stating what the petitioner requests from the court and the respondents.
  • Surrender – To cancel or invalidate.
  • TPS – Temporary Protective Status. Offers temporary legal status to certain immigrants in the United States who cannot return to their home country due to ongoing armed conflict, natural disaster, or other extraordinary reasons.
  • Witness – A person who testifies to what they have seen, heard, or otherwise observed.

Last Updated: 18 September 2019

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