In New York, we brag about our educational system. The K-12 public schools and our state college system offer some of the best opportunities for U.S. families. The Poughkeepsie, Newburgh, and Middletown areas of New York are no exception.
However, even the strongest of public schools can raise challenges for exceptional students. If you have a child with a disability, you may have experienced frustration with your student's ability to learn at the same pace as their peers. That's why state and federal laws like the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act help protect the rights of students with disabilities and ensure they can access the same educational opportunities as all New York students.
While New York law also works to protect students like yours, parents still need help with the bureaucracy inherent in complying with the many regulations that schools must follow. That's why the Education Law Team at the Lento Law Firm has been helping New York families for years. Call us at 888-535-3686 to schedule your consultation.
Poughkeepsie, Newburgh, and Middleton, New York
Poughkeepsie, Newburgh, and Middleton communities, nestled in the Hudson Valley, have only about 100,000 people living within the towns' limits. But the greater Orange and Duchess counties educate more than 100,000 students in the area's K-12 schools.
Some of the largest high schools in Orange and Duchess counties, public and private, include:
- Bais Rochel School
- Newburgh Free Academy
- Sheri Torah – V'Yoel Moshe
- Middletown High School
- Monroe-Woodbury High School
- Congregation Bnai Yoel
- Pine Bush Senior High School
- Valley Central High School
- Warwick Valley High School
- Washingtonville Senior High School
- Minisink Valley High School
- Arlington High School
- John Jay Senior High School
- Roy C. Ketchum Senior High School
- Poughkeepsie High School
- Franklin D. Roosevelt Senior High School
- Beacon High School
Some of the largest middle and elementary schools in the Poughkeepsie, Newburgh, and Middletown areas include:
- Poughkeepsie Middle School
- Lagrange Middle School
- Van Wyck Junior High School
- Union Vale Middle School
- Wappingers Junior High School
- Haviland Middle School
- Warwick Valley Middle School
- Meador Hill Global Explorations Magnet School
- Temple Hill School
- Orange-Ulster BOCES
- Maple Hill Elementary School
- Pine Tree Elementary School
- Anna S. Kuhl Elementary School
Disability Issues in New York College and Universities Versus K-12 Schools
New York has world-class public and private universities and colleges. In Poughkeepsie, Vassar College is a nearby standout. But other schools include:
- Columbia University
- State University of New York at New Paltz
- Mesivta of UTA KJ
- Mount Saint Mary College
- Yeshiva D'Monsey Rabbinical College
- Purchase College
- Lehman College, CUNY
- Shaarei Torah of Rockland
- City College of New York
- Rabbinical College Beth Shraga
Orange and Duchess counties also have several excellent trade schools and community colleges, including:
- Orange County Community College (SUNY Orange)
- Rockland Community College
- Orange-Ulster BOCES Career and Technical Center
- Harriman Hall
- Raymond C. Cramer Secondary
- Levels Barber Institute
- Benjamin Enterprises
- Health Careers Staffing & Training School
- Mac Vicar Aircraft Services
- Hudson Valley Technical College
However, it's important to understand that IDEA will no longer apply to your students once they graduate high school. While colleges, universities, and trade schools must comply with all federal and state special education laws and regulations, K-12 schools are regulated much more heavily. Once your student is 18 and an adult, they will be expected to advocate for themselves. You will no longer be the main point of contact or chief advocate for your child in college. You will also no longer be legally entitled to educational information about your child after high school.
While colleges and universities don't treat IEPs as legally binding, they often use 504 plans and IEPS to develop an appropriate framework to support students. Your child can contact the special education office at their college and begin the process of implementing accommodations.
Understanding IEPs, FAPE, and Reasonable Accommodations in New York
Across the country, all public schools must provide access to a “free and appropriate public education” for students in their district. Moreover, under federal and state law, they must also provide additional support or services your student needs to access that education. In Orange and Duchess County schools, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and the Individuals with Disabilities Education Improvement Act (IDEA) work with state laws and regulations to protect your child's right to an education. However, colleges, universities, and trade schools aren't as highly regulated as K-12 schools.
Understanding some of the key special education terms that arise from federal special education statutes is important. Including:
- Free Appropriate Public Education (FAPE): Every student in the country has a right to a “free and appropriate public education.” In New York, if your child needs additional services or support to access that FAPE, your family is entitled to receive them for free.
- Least Restrictive Environment (LRE): The term “the least restrictive environment” means the classroom environment that offers each special education student the most learning opportunities. The LRE will look different for each child but often involves placing mainstream and special education students in classrooms together rather than isolating special education students in one classroom. This approach can make the school environment more open and welcoming, giving every student in the classroom a more diverse approach to learning.
- Individualized Education Programs (IEPs): An Individualized Education Plan (IEP) is a learning plan tailored to your child. Federal law, including the Individuals with Disabilities Education Improvement Act (IDEA), mandates that each school district work with parents to create these individualized plans for each qualifying special needs student. An IEP will list your child's educational goals and the services and support the school will provide to ensure your child can access a fair and appropriate public education. An IEP is a legally binding document that your child's school must follow.
- Reasonable Accommodations: Under Section 504 of theRehabilitation Act of 1973, your child's school can make “reasonable accommodations” in the classroom, your child's curriculum, and their approach to education to make it easier for your child to learn. The goal of reasonable accommodations is to place your child on equal footing with other children, but the school doesn't have to permit every accommodation you request. Considering the cost and practicality, the school can evaluate whether your request is reasonable.
In New York, your local school will use IEPs, 504 accommodations, and the least restrictive learning environment to ensure your student's right to a free and appropriate public education.
New York's Disability Education Laws
In New York, our state special education laws mirror federal laws like the ADA and IDEA. States must have their own special education laws to obtain federal funding for these programs, but they also offer another layer of protection for special education students in New York.
Special Education in New York
Your child may qualify for special education in New York if they:
- Have a qualifying disability,
- Live in the school district,
- Are under the age of 21.
Qualifying disabilities under federal and state law may include:
- Autism,
- Deafness,
- Deaf-blindness,
- Emotional disturbance,
- Hearing impairment,
- Learning disability,
- Intellectual disability,
- Multiple disabilities,
- Orthopedic impairment,
- Other health impairment,
- Speech or language impairment,
- Traumatic brain injury,
- Visual impairment, including blindness.
Your child may not qualify for special education services just because they have a disability. Your student won't be eligible for services in New York if the school's evaluation determines that the main factor in their performance is:
“(i) lack of appropriate instruction in reading, including explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency (including oral reading skills) and reading comprehension strategies;
(ii) lack of appropriate instruction in math; or
(iii) limited English proficiency.”
Referrals to Special Education in New York
In New York, a referral for a special education evaluation usually starts with a teacher, parent, or school administrator. But it can also come from a physician, psychologist, judicial officer, or the child if they are 18 or older. Once received, a request for a referral goes to the special education committee. After receiving the request, the committee has 45 days to complete its initial evaluation. As part of this process, you will receive a request for an Individualized Education Plan (IEP) referral conference. If the school determines your child qualifies for special education services and support, they will work with you to craft an IEP tailored to your child.
In New York, your child's IEP may include:
- The current educational, behavioral, academic, and cognitive level,
- For deficits identified, there will be objective goals,
- A rubric or objective evaluation criteria to measure and evaluate your child's progress for each identified deficit,
- Any modifications to the school curriculum needed for your child,
- Identification of any activities, events, or classes your child won't participate in,
- A recommended instructional setting,
- Any services your child will receive, the start date, and the frequency of services,
- Recommended transitional services, and
- Recommended alternative testing methods if needed.
Your child may also be eligible for services to support their education, including:
- Transportation,
- Counseling or mental health services,
- Translation services,
- Health services,
- Occupational or physical therapy,
- Audiology services,
- Speech-language pathology services,
- Parent training or counseling,
- Social work services or rehabilitation services.
After creating your child's IEP, you will receive a copy. You should save this document because it is legally binding, and your child's school must follow it. If your child is determined to be ineligible for special education services, or if you disagree with the IEP, you have the right to appeal.
New York Manifestation Determination Reviews
If your child faces punishment for behavioral issues at school, there are extra legal protections for special education students. Under federal and state law, if the school removes your child from school for ten or more days cumulatively throughout the year through suspension, expulsion, or simply sending a child home, it will trigger a Manifestation Determination Review (MDR). The school will use the MDR to decide if your child's behavior was the result or manifestation of their disability or if the school's failure to properly implement an IEP contributed to or caused the behavior.
Under New York regulations, the school will have an MDR panel consisting of:
- “A representative of the school district knowledgeable about the student and the interpretation of information about the student's behavior (e/g/, school psychologist, social worker, guidance counselor)-
- The parent (the parent may participate in person or by phone); and
- Other individuals as determined by the school district and/or the parent (other individuals may participate by phone if necessary).”
The MDR panel will determine if the behavioral issue results from your child's disability or the school's failure to implement an IEP. If they determine that it is, the school must complete a “functional behavior assessment” (FBA) and then create a behavioral plan. They must also return your child to school unless you agree to an alternative placement.
Resolving Special Education Complaints in New York
If you disagree with your school's decision regarding a special education or MDR evaluation, you can challenge the result by making a due process complaint to the school in writing. Your request should include your reasons for disagreement with the result, any information or evidence the school didn't consider, and a description of how the school violated the MRD process.
New York has an expedited due process procedure that includes:
- “Holding a resolution session within seven calendar days of receiving the complaint; the parties may also enter into a mediation session
- A hearing must be held within 20 school days (if the matter has not been resolved within 15 days of the complaint)
- An impartial hearing officer must issue a decision within 10 school days after the hearing.
- The student will remain in the current special education placement pending the hearing officer's decision, unless the student is in an (IAES). In this case, the student will remain in the IAES pending the outcome.”
You and the school can also agree to mediate issues before a neutral arbiter, working together to resolve differences. If you disagree with the outcome of a due process hearing, you can appeal to a state review officer with the New York State Education Department. If you disagree with the state review officer's decision, you can also seek judicial review.
Under federal law, students in private schools or homeschools typically aren't entitled to services under IDEA and don't have appeal rights. However, under New York law, students in private and home schools share this right with public school students.
Protecting Your Student's Right to a New York Public School Education
You have rights if your family has faced challenges ensuring your child can access a free and appropriate public education in New York. Whether you're struggling with unfair disciplinary issues, getting your child access to special education services, or enforcing an IEP, you don't have to deal with this alone. The experienced Education Law Team at the Lento Law Firm can help you navigate this complex process and protect your child's right to an education. They've been fighting for families in New York and nationwide for years and can help you, too. Call 888-535-3686, or contact them online today to schedule your consultation.
