Westchester County Special Education Advocacy Attorneys

Littman Krooks attorneys help Westchester County families navigate special education laws to ensure the best possible future for their children

Since the founding of New York, public education has been understood as a public good and a personal right – but not one available to every child. Reform efforts over the past decades have helped ensure that every child receives access to education. 

These reforms have come from both state and federal government efforts. Consequently, a patchwork of overlapping laws now govern special education. Advocating for your child’s needs and rights can feel like an uphill battle. The experienced Westchester County special education advocacy attorneys at Littman Krooks can help. 

Protections Provided by Special Education Laws

Current special education laws provide several protections and options for students. The applicable rules and laws often depend on your child’s specific needs or the situation that you face. Here, we summarize some of the most common topics and terms that arise in discussions of special education. 

Free and Appropriate Public Education (FAPE) and Least Restrictive Environment (LRE)

Federal law requires that all children receive a “free and appropriate public education,” or “FAPE,” in the “least restrictive environment,” or “LRE.” 

For most US school children, the LRE is the ordinary classroom and the FAPE is the daily instruction they receive there. For children with special needs, however, defining these terms can quickly become complex. FAPE and LRE questions are among the most common topics of special education litigation.

The promise of “free and appropriate public education” requires a student to receive, without extra cost to the family, an education that meets them where they are and builds their skills. Typically, this education must meet state standards. It must also be tailored to a student’s Individualized Education Plan (IEP). 

“Least restrictive environment” focuses on where a student is educated. An environment most like that of the general school is preferred – similar classrooms, time spent with peers in the larger student body, and so on as appropriate. 

Individualized Education Plans (IEP)

An Individualized Education Plan, or IEP, is a legal document. It connects the overarching concepts of FAPE and LRE to your child’s specific needs, explaining how your child will receive an education and in what environment. 

To meet this requirement, the IEP accounts for your child’s needs. It lays out what your child will work on and what to expect. 

New York requires that IEP students have access to the general curriculum. Consequently, an IEP should explain what adaptations will be made to allow your child access to this curriculum. If a student needs accommodations, modifications, supplementary services, or special instruction, these needs are spelled out in the IEP. 

Creating an IEP is a team effort between the school, family, and student. When it becomes challenging, a special education advocacy lawyer can help.

Section 504

Section 504 of the Rehabilitation Act of 1973, also called “Section 504,” prohibits discrimination on the basis of disability in programs funded by the Department of Education. Section 504 includes the FAPE requirement, which means it encompasses a school’s obligation to offer special education programs. It also requires the school to provide aids and services so that a disabled student can access the curriculum as well as a non-disabled student does. 

A student may receive a “504 plan” if they have disabilities but can function well in a general school setting with some support. Education in the general classroom with or without supplementary services and special education are both covered in Section 504. 

In practice, 504 plans tend to focus on how a school will remove barriers for a student with disabilities; IEPs tend to focus on what a school will provide to the student. 504 plans typically do not track progress as an IEP does. 

Other Protections

Several other federal and state laws may be implicated in the special education advocacy journey. 

The Americans With Disabilities Act (ADA). The ADA prohibits discrimination on the basis of disability. It requires public venues, including public schools, to make the adaptations required for accessibility.

The Family Educational Rights and Privacy Act (FERPA). FERPA protects a student’s privacy in their educational records and related materials. 

Several state laws also govern certain aspects of special education. An experienced Westchester County special education advocacy attorney can help you understand how these laws apply in your child’s situation. 

Securing Appropriate Educational Settings, Services, and Resources

In New York, the Department of Education (DOE) must refer a child for special education evaluation if they suspect the child has a disability. A school must also consider offering at-risk services, like tutoring or counseling, before making the referral. 

However, it is wise not to rely on the school to make this call. Teachers and administrators are busy people; even those with the best intentions may accidentally delay filing paperwork or taking other necessary steps. If you suspect your child needs special education, initiate the conversation yourself. 

Common reasons parents request an evaluation include:

• Your child’s grades are poor and/or your child struggles to understand assignments, complete them, turn them in on time, or work with others within the classroom environment,
• Your child cannot perform basic tasks required to complete assignments, such as holding a pencil or crayon, without assistance,
• Your child has ongoing behavioral difficulties that impact their ability to function in the social setting of a school, or
• Your child is diagnosed with a medical or mental health condition. 

The first time you make a referral, do so in writing. Deliver it to your school’s IEP team. Your request for an evaluation doesn’t mean you automatically consent to services. You’ll need to review and discuss services with the school before making any final choices. 

Parents may also end the evaluation process by requesting to end it in writing. You can also take your child to a doctor for an evaluation. Many parents have their family physician or pediatrician evaluate their child or refer the child to an expert for evaluation of common learning and developmental disabilities. 

An evaluation helps determine what you child needs – and what they qualify for under the law. To receive an IEP, a child must have one of thirteen disability classifications. New York typically assigns a single classification as “primary,” even if a child fits in several categories. 

A classification is not a medical diagnosis. However, if the school is reluctant to classify your child in any of the thirteen categories, acquiring a diagnosis from a qualified physician may help the process. Consult an attorney if you have questions. 

Even with a qualifying diagnosis for classification, a school may balk at classifying a student for IEP purposes. If the student’s grades are generally good, for instance, the school may recommend a 504 plan instead of an IEP. 

A 504 reduces a school’s paperwork requirements and can be more flexible. However. It may not be the right fit for your child. An attorney who specializes in special education advocacy can help you determine the best steps forward for your family. 

Parents are legally required to participate on a child’s IEP team. For many parents, this news comes as a relief; they want to be involved in their child’s education. If the school regularly fails to communicate with you, however, you may require assistance from an experienced special education advocate attorney in Westchester County. 

Navigating Special Education Hearings

Both New York state and federal law protect students’ and parents’ rights to ensure that a student with a disability receives a free and appropriate public education. Agreeing on what that means and how to provide it, however, can be challenging. 

Families that feel their child is not receiving required services or support may request an “impartial hearing,” also known as a “due process hearing.” 

An impartial hearing is an administrative proceeding. It runs similarly to a trial, with both sides presenting arguments and evidence. These arguments and evidence are heard by an administrative law judge called an Impartial Hearing Officer, who issues a decision in the case. Impartial Hearing Officers are attorneys who receive additional certification from the New York State Education Department to conduct hearings. 

Parents may request a hearing if they believe their child is not receiving a free and appropriate public education in the least restrictive environment. An experienced attorney can help you request, prepare for, and advocate for yourself and your child at a hearing. 

Speak to an Experienced Westchester County Special Education Advocacy Attorney Today

Your child deserves the best education they can access, and you’re willing to fight for them. Yet the deck may feel stacked against you both. Complex and confusing laws, harried and resistant school employees, and other challenges can feel daunting. 

That’s where the experienced attorneys at Littman Krooks can help. We offer big-firm results with a small-firm, family connection. We’ll help answer your questions and assist you in securing the special education that best fits your child’s needs. Reach out to one of our Westchester County special education advocacy attorneys today.