For too long, students with disabilities lacked adequate legal protections. Even if one school or district in New York cared greatly about helping disabled students succeed, the next school or district might fail to do the same.
Eventually, federal laws evolved to provide universal resources to students with physical and learning impairments, and individualized education plans (IEPs) are one of those critical resources. States, including New York, have tweaked these federal protections to better serve their student base without altering the fundamental protections federal laws provide.
However, even with strong legal protections, disabled students can become lost in New York state's fabric of millions of pupils. If you have any questions or need services to help your student, Attorney-Advisor Joseph Lento and his team at the Lento Law Firm can assist.
The Individuals with Disabilities Education Act (IDEA) and Americans with Disability Act Protect Disabled Students in New York
Before discussing the intricacies of IEPs, you should understand the statutory protections your student in New York has. There are three primary federal laws and statutes protecting disabled students from Manhattan to Chateaugay, and they are:
- The Individuals with Disabilities Education Act (IDEA)
- The Americans with Disability Act (ADA), specifically Title II
- The Rehabilitation Act, specifically Section 504
Section 504 of the Rehabilitation Act guarantees general protection from discrimination for disabled individuals in any institution that receives federal funding, as many schools in New York do. Violating the protections listed in Section 504 could be grounds for legal action.
The ADA also protects against discrimination for all disabled individuals in America. Title II of the ADA expressly forbids federal and state governments from discriminating against disabled individuals, a mandate that encapsulates public schools in New York state.
The IDEA is the most explicit, detailed set of legal protections for students with physical and learning impairments in the Empire State. Crafted with disabled students in mind, this is the statute we may rely on when seeking accommodations for your student.
Rights Guaranteed by the IDEA to Disabled Students Throughout New York
The New York State Education Department (NYSED) explains that students aged three to 21 have several rights under the IDEA, including the right to:
- A free appropriate public education (FAPE) funded by tax dollars (at no expense to the guardian)
- A complete, personalized evaluation to determine the unique needs of the disabled student
- An individualized education program detailing how the student will receive education and evaluation (with the plan to be updated as necessary)
- Learn in an environment of their peers (the least restrictive environment)
These are only a few of the most important protections listed in the IDEA. Schools and districts in New York must take the mandates listed in the IDEA seriously. If they fail to comply, educational institutions are not eligible to receive the federal funds they depend on.
What Are Individualized Education Plans (IEPs)?
As one of the foundational pillars of the IDEA, individualized education plans are a way to ensure a personalized, compassionate education for students with disabilities. A robust, continually-updated IEP also holds educators accountable, ensuring that your student receives proper attention in the classroom setting.
The U.S. Department of Education cites Section 300.320 of the IDEA, which defines an IEP as “a written statement for each child with a disability that is developed, reviewed and revised in a meeting in accordance with §§300.320 through 300.324…”. This statute also notes that an IEP must generally include:
- A statement detailing how the student's disability affects their academic progression in the general education curriculum
- A statement detailing how the disability affects the child's participation in group activities
- A statement of annual academic and functional goals (which must be measurable)
- Clear benchmarks for gauging the student's success (such as performance on alternative assessments)
- An explanation of precisely how educators will measure the student's success
- A framework for how often educators will provide reports about the student's performance and academic progress
- A clear description of the services and accommodations the disabled student will receive—this is a vital component of an IEP, as you may need to hold educators and administrators true to these promises
- An explanation of any circumstances in which the child will not learn or participate in activities alongside their non-disabled peers
- A plan for transition services, which come into effect when the student reaches the age of 16 (or younger in some circumstances)—this is another vitally important IEP component, as having a plan for your student post-graduation is just as important as having a plan while they're in school
- Explicit, measurable goals for the student's postsecondary pursuits
- Explanation of the student's rights upon reaching the age of majority (which is 18 in New York state)
The goals listed in an IEP must be designed to help the child progress through the general education curriculum, taking full account of how their disability affects that progression. The IEP will also position the student for success following their matriculation from a K-12 program in New York.
New York State Lists 13 Disability Classifications Eligible for IEPs
New York City Public Schools lists 13 disability classifications that are eligible for IEPs, per New York statutes. Those disability classifications are:
- Autism
- Deafness
- Deaf-blindness
- Emotional disability, which includes emotional conditions that impair learning, social connection, mood stability, or physical stability
- Hearing impairment
- Intellectual disability, which refers to students with “significantly below average intellectual ability and adaptive (life) skills.”
- Learning disability, which includes conditions that “impact a student's ability to read, write, listen, speak, reason or do math.”
- Multiple disabilities
- Orthopedic impairment, which means physical disabilities that interfere with the learning process (cerebral palsy being the example cited by NYC Public Schools)
- Speech or language impairment
- Traumatic brain injury
- Visual impairment
- Other health impairment
This final category, “other health impairment,” leaves substantial leeway for determining which students qualify for IEPs. In fact, New York City public school notes that the category includes any conditions that “limit a student's strength, energy or alertness.”
New York-Specific Laws and Regulations Related to Students with Disabilities
New York state laws work in conjunction with the IDEA, ADA, and Rehabilitation Act to ensure full protection for disabled students. NYSED lists several state-level statutes related to students with disabilities, including:
- Article 89 (Sections 4401-4410) Children with Handicapping Conditions
- Article 81 (Section 4001-4006) Education of Children Residing in Child Care Institutions
- Commissioner's Regulations Part 200: Students with Disabilities
- Commissioner's Regulations Part 201: Procedural Safeguards for Students with Disabilities Subject to Discipline
We highlight these statutes and regulations (which contain many dictates regarding the service of disabled students in New York) to show just how many protections your student is entitled to.
Our Student Defense Team knows special education laws in New York. We will identify specific statutes that administrators or educators have violated in their treatment of your student.
IEPs for Private School Students
The New York City Department of Education (NYCDOE) explains that students with disabilities attending private educational institutions receive Individualized Education Services Plans (IESPs). These plans govern the services your student is entitled to receive, and these plans may not be quite as comprehensive as IEPs.
Our team will work with your student's school to resolve any issue you have with:
- The school's commitment (or lack thereof) to creating an individualized education plan for your student
- The school's adherence to your student's IESP
- Any other aspect of your child's education or treatment in their New York private school
Every disabled student in New York is entitled to non-discriminatory treatment and reasonable accommodations, and private-school students are no exception.
How New York Administers and Oversees IEPs
You will have an integral role in creating your student's IEP. In fact, as a parent or guardian, you are part of the IEP team. Know, then, that the initial IEP you craft in collaboration with your student's educators is a legally binding document with immense weight.
The IEP itself is, in many respects, the document that determines how the school or district will administer your student's IEP. Specifically, the IEP will detail how educators will evaluate your student, how often they will evaluate and provide you with reports, and what tactics they will use when corrective measures are necessary.
Our team can advise you on requesting a meeting to amend an IEP report. If you feel that your student's IEP needs additional details or that educators are not adhering to your plan, there are various resolutions to explore.
Transition Services
NYSED explains that the Committee on Special Education (CSE) should begin discussing your student's transition plan by the time they turn 14. Transition services are just as important a feature of IEPs as any other.
If you are unsure whether educators have initiated transition plan discussions or have any other concerns about your student's transition plan, we can advise you about your options. It may be worth requesting an IEP meeting, filing a complaint, or taking other appropriate action to take full advantage of your student's legally-guaranteed transition services.
Common IEP-Related Issues Parents and Guardians May Face in New York
Some problems we have seen parents and guardians of New York students face, with specific respect to IEPs, are:
- Refusal by administrators or educators to recognize the nature or extent of a student's disabilities
- Resistance or delay in creating a comprehensive IEP for a student
- Difficulty receiving regular reports about a student's progress or general performance
- Failure by administrators or educators to adhere to the terms of the IEP
- Refusal, resistance, or delay in altering an IEP at the guardian's request
- Refusal, resistance, or delay in providing accommodations or services guaranteed within the student's IEP
New York law, school districts, schools, and special-education regulations are complex. It is normal for administrators and educators to become overwhelmed. However, it is never acceptable to disregard the needs of students with disabilities or the rights guaranteed to your student by federal and state law.
Critiques of Educational Disability Services in New York City and Throughout New York State
In a state as large and populous as New York, it should be no surprise that politicians, school districts, and individual schools have a less-than-stellar reputation for managing the needs of disabled students.
While many educators work hard to accommodate students like yours, critiques of New York's handling of disabled students' needs include:
Pandemic-Related Disruptions
The Office of the New York State Comptroller issued a report in 2021 noting how pandemic-related measures affected disabled students in uniquely adverse ways. The report found that:
- Disabled students “lost partial or full special education services” during pandemic-related school shutdowns
- The shift to remote learning “likely” exacerbated pre-existing achievement gaps between disabled and non-disabled students
- While the entire student body in New York suffered due to shutdowns, disabled students suffered disproportionately
These outcomes indicate the importance that guardians of disabled students rely on capable professionals to defend their students' rights—districts and schools often fail to defend those rights without prompting.
Lack of Contingencies for All Emergency Situations
NYSED explains that it has protocols in the case of emergency school closures, which can result from:
- Heavy snow
- Hurricanes
- Threats to the school
- Public health emergencies
- Other threats or hazards that present students from getting to school or being safe in school
NYSED's plan for continuing education during emergencies revolves around remote learning. However, Education Week notes that remote learning generally produces poorer outcomes for students, and students with disabilities may be at greatest risk during school closures.
It is imperative that your student's IEP clearly detail how educators will administer resources in an emergency situation.
Low Graduation Rates for Students with Disabilities
A study from the Journal of Disability Policy Studies found that New York City, the nation's largest school district, graduates only about half of its students with disabilities. This compares unfavorably with a roughly 80% graduation rate for students without disabilities.
A lack of accommodations, services, and dynamic IEPs in New York schools could partially explain these low graduation rates for disabled students.
Many more critiques illustrate how disabled students in New York schools often get a raw deal. Our firm fights relentlessly to right the system's wrongs and advocate for the disabled students we represent.
IEP Dispute Resolution in New York
Section 4404, Chapter 16, Title 6, Article 89 of the Consolidated Laws of New York details appeal procedures for children with handicapping conditions. This Article explains that:
- A parent or guardian can file a complaint related to the “identification, evaluation…educational placement…or…matter relating to placement upon discipline of a student with a disability…”
- Along with their attorney-advisor, the parent or guardian must detail the allegations in a due process complaint filed with the proper authorities
- The parent or guardian is entitled to an “impartial hearing” related to their complaint
- The “board or agency” responsible for the complaint will appoint an impartial hearing officer to review the complaint
- The board of education may offer mediation as an alternative to a hearing
- A “resolution session” will take place as part of the “impartial due process hearing,” if this is the route the parent or guardian chooses
If this sequence confuses you, try reading the law for yourself. As is often the case, these bureaucratic processes are confusing, and having the Student Defense Team from the Lento Law Firm leading the processes will allow you to avoid much frustration and confusion.
Long story short: You have the right to file a complaint about flaws in the creation, details, administration, or adherence to your child's Individualized Education Plan in New York.
Potential Outcomes to IEP Dispute Resolution in New York
If you can resolve your IEP-related complaint through the resolution session or mediation, you will then:
- Sign a legally-binding agreement detailing the terms you (or your representative) have negotiated
- Receive the school district's commitment to honor the contract when its representative signs the same agreement
- Have three business days to void the agreement, if your choose to do so
The impartial hearing officer will rule on the matter if you undergo a hearing. Importantly, Article 89 notes that the burden of proof is on the school district, not the parent or guardian, in these hearings. This may mean that the district must prove it abided by federal laws and regulations, state laws, or the terms of the IEP.
Appealing the Ruling of an Impartial Hearing Officer in an IEP-Related Dispute
If you do not agree with the committee on special education's ruling in your case, or you have other grievances, you can “notify the board of education of this situation, and the board shall appoint an impartial hearing officer to hear the appeal and make a determination,” as Article 89 explains.
Our team will be by your side to handle each of these processes. If an appeal proves necessary, our quick-acting student-defense professionals will initiate the appeals process immediately.
Free Resources Typically Don't Provide the Relief You Need in an IEP Dispute
While there may be free resources available to help guardians of students with disabilities, do not have high expectations for such resources.
Securing accommodations, holding educators accountable, and securing resolutions that could materially improve your student's educational outlook takes tenacity. When you retain the Lento Law Firm to fight for your student, we fight for your student.
You simply cannot expect the same from an individual who may be managing hundreds or even thousands of other cases.
Local Lawyers Often Lack Adequate Knowledge of New York IEP Issues
When it comes to resolving IEP issues in New York, the local attorney-advisor is not generally the best option. You should seek a team whose mission and focus is resolving students' rights issues—this is what the Lento Law Firm does.
Our team serving disabled students in New York:
- Understands the issues most commonly affecting disabled students, including those specific to IEPs
- Has successfully represented many disabled students in New York state
- Relates compassionately to guardians and students
- Takes a fearless approach when dealing with school districts, schools, legal counsel, and others that hold the key to a resolution
Let us do what we do for you and your student.
The Lento Law Firm Serves the Major Educational Markets Throughout New York
Our team of student defense professionals serves students and their guardians throughout New York state, including those in:
The Five Boroughs of New York City
New York University reports that 200,000 New York City public school students have IEPs. We won't let your student get lost in the shuffle of paperwork.
Long Island
NYSED counts more than 222,000 students in Long Island K-12 public schools. We'll ensure your student is treated as a human with unique needs and dreams, not as a number.
Buffalo
Buffalo's schools have their challenges, but there is no excuse for failing to accommodate disabled students' rights.
Rochester, Yonkers, Syracuse, Albany, and the Rest of New York State
Our team proudly serves students and guardians throughout the Empire State. When you need a dedicated, capable attorney-advisor to secure the rights your student is entitled to, contact Joseph Lento and his Student Defense Team at the Lento Law Firm.
Contact the Lento Law Firm Today for Help with a Disabled Student Issue in New York
Our firm pursues comprehensive, immediate, and lasting resolutions for parents and guardians of disabled students in New York. Our team will:
- Identify the exact issue that's adversely affecting your student
- Explore and explain potential resolutions (including IEP meetings, formal complaints, legal action, and negotiations with the district's legal counsel)
- Lead every step in the course of action that we choose to pursue
- Handle all secondary actions (such as appeals or even a possible lawsuit)
Your student has a right to a free education in the least restrictive environment. They also have a right to a comprehensive IEP and the resources that the IDEA, ADA, and state laws afford.
Call the Lento Law Firm today at 888-535-3686 or contact us online to discuss your case.
