1. SCHOOL SUSPENSIONS – All children who are suspended out of school have rights that school districts must comply with. Children who have disabilities have more protection regarding out of school suspensions. If your child has been suspended from school or the school is looking to suspend your child for a long period of time you should speak with an attorney familiar with the rights of students.
2. RESIDENCY – Children have the right to attend the school in which their parents reside. Foster children may attend school where their foster families reside. Children of divorced parents may select the school district that the children attend if the child resides "equally" with both parents. There are many issues that involve residency and if you are notified that your child may no longer attend school or the school district will not admit your child you should consult with an attorney familiar with the rights of students.
3. SPECIAL EDUCATION LAW:
a. There are two different statutes governing students with disabilities, the Individuals with Disabilities Act along with Article 89 of New York State Education Law and Section 504 of the Rehabilitation Act. Only Section 504 applies to college students and graduate/professional students who need accommodations and services from schools due to disabilities.
b. Children with disabilities can receive services from birth through age 21 at no cost to you the parent.
c. The parent or person in parental relationship to the child may always refer the child to be evaluated. The request to evaluate your child should be in writing and you should have proof that your written request to evaluate was made. You should always in your letter state that you are giving consent to evaluate as this starts the time line to promptly evaluate your child.
d. The school district must have your informed written consent prior to performing evaluations of your child.
e. Consent to evaluate your child to determine if your child is a student with a disability does not mean that you have consented to special education services or placement.
f. Special Education services do not mean that your child will be educated separately from his/her peers. The school district is required to provide special education services in the least restrictive environment. Children with disabilities are supposed to be educated with their non disabled peers to the maximum extent that is appropriate.
g. If you disagree with the school district's evaluations you have the right to have an independent evaluation at school district expense. Either the school district must agree to this independent evaluation or the school district must hold an impartial hearing. You have the right to decide who will perform this independent evaluation, not the school district. You do not need to use the school district's list.
h. You must receive notices of all meetings.
i. You must receive a copy of the New York State Education Department Procedural Safeguards Notice. We highly recommend that you read this and if you don't understand it ask for it to be explained to you in writing.
j. Anything you have to say to school district personnel should always be confirmed or done in writing. You should keep copies of all of your correspondence with the school district.
k. Schools and parents should work together to ensure that a child with a disability receives a free appropriate public education.
4. THE LAWS AND PROCEDURES FOR CHILDREN RECEIVING SERVICES FROM SCHOOL DISTRICTS ARE COMPLEX. There are some children who only require accommodation plans and other children that require special education services. Parents and guardians should be fully informed of the process and know their rights.
CHOOSING AN EDUCATION LAWYER
1. A parent or student looking for an attorney to represent them should make sure that the attorney selected has the expertise and knowledge in the area of law that they are seeking representation.
2. Ask questions of the attorney about familiarity with the rules and regulations of the New York State Education Department and the IDEA, ADA, and Section 504 of the Rehabilitation Act.
3. Ask questions of the attorney about familiarity with early intervention, Committee on Preschool Education and Committee on Special Education.
4. Use acronyms for terms that are commonly used by practitioners, for example, CPSE, CSE, IEP, 504, 3214, IHO, SRO as well as terms for disabilities. Your lawyer should be familiar with most of the terms but may need more information regarding specific disabilities.
A law firm concentrating in education and disability law representing parents and their children.
Disclaimer: The information contained in this brochure is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.
