Students with disabilities have rights and protections under U.S. federal law. The primary laws that afford these rights are the Americans with Disabilities Act (ADA) and the Disabilities Education Act (IDEA). The ADA and IDEA require schools nationwide to provide equal educational opportunities to students with disabilities, particularly K-12 students.
Depending on where you live, there may be additional state and local laws that protect and support students with disabilities. If you live in the Buffalo-Niagara Falls metro area of New York, you should be aware of the laws that apply to your kids if they have a disability.
One thing to keep in mind about the ADA and IDEA is that they generally only apply to public schools. Private schools often have the opportunity to follow different policies, although some states and counties may have some laws that private schools do have to follow concerning special education.
If your child's school in Buffalo, Niagara Falls, or the surrounding area is not providing adequate support, you need to speak up. When you do, you should know what to say and how to defend your child's rights. You have to be an advocate for your child's education if you want them to have adequate opportunities. You can also contact an education lawyer, such as the Education Law Team at the Lento Law Firm. We have experience working with students and families across the country to ensure no student's rights are trampled.
Buffalo-Niagara Falls, NY Metro Area
The Lento Law Firm's Education Law Team proudly works with students and their families throughout the Buffalo-Niagara Falls metro area, including the residents of Erie and Niagara counties and the cities of Lackawanna, Lockport, North Tonawanda, and Tonawanda.
The Buffalo-Niagara Falls metro region is home to almost 1.2 million people, making it the second-largest metropolitan area in the state of New York. The metro area contains several school districts, including:
- Akron CSD
- Alden CSD
- Amherst CSD
- Barker CSD
- Buffalo City School District
- Cheektowaga CSD
- Cheektowaga-Maryvale UFSD
- Cheektowaga-Sloan UFSD
- Clarence CSD
- Cleveland Hill UFSD
- Depew UFSD
- East Aurora UFSD
- Eden CSD
- Evans-Brant CSD
- Frontier CSD
- Grand Island CSD
- Hamburg CSD
- Holland CSD
- Hopevale UFSD at Hamburg
- Iroquois CSD
- Kenmore-Tonawanda UFSD
- Lackawanna City School District
- Lancaster CSD
- Lewiston-Porter CSD
- Lockport City School District
- Newfane CSD
- Niagara Falls City School District
- Niagara-Wheatfield CSD
- North Collins CSD
- North Tonawanda City School District
- Orchard Park CSD
- Royalton-Hartland CSD
- Springville-Griffith CSD
- Starpoint CSD
- Sweet Home CSD
- Tonawanda City School District
- West Seneca CSD
- Williamsville CSD
- Wilson CSD
These public school districts may be part of the same metro area, but they account for nearly 145,000 K-12 students. Each district has its own policies, rules, and special education programs as well. Although knowing federal New York state law concerning students with disabilities is important, you should also familiarize yourself with your school district's special education programs as well.
A team of Education lawyers like the Lento Law Firm can also help you navigate the many laws, policies, and procedures that make up the disability education framework in your city or region.
Colleges and Universities in Buffalo-Niagara Falls, NY
The Buffalo-Niagara Falls metro area also has several institutions of higher education. Public colleges and universities must also follow federal and state laws when it comes to students with disabilities.
The public higher education institutions in Erie and Niagara counties include:
- Bryant & Stratton College
- Buffalo State University
- Erie Community College
- Niagara County Community College
- Millard Fillmore Hospital of Nursing
- SUNY Buffalo
If you attend any of these schools and feel you're not receiving the accommodations you need for your disability, the Lento Law Firm Education Law Team can help.
It's important to note that the level of services for disabled students is lower at colleges and universities than at K-12 schools. Higher education institutions don't have to provide students with individualized education plans (IEPs) like teachers do in K-12. They typically also don't have to involve the student's parents or guardians when it comes to making accommodations—since most college students are 18 or older and considered legal adults, they are responsible for procuring modifications themselves.
Colleges and universities must still abide by federal law, however. They have to implement fair admission standards and are required to offer reasonable accommodations to students who ask for them.
FAPE, Reasonable Accommodations, and IEPs
Federal and New York state laws protect the rights of all students in public schools in the Buffalo-Niagara Falls metro area. What are those rights, exactly, and how do these laws help students with disabilities or in need of special education?
Federal Disability Education Laws
Every U.S. child has the right to a free public education. This right applies equally to all students, including students who have disabilities. Federal laws concerning educational opportunities for students with disabilities are found in:
- ADA
- IDEA
- Section 504 of the Rehabilitation Act of 1973
These laws state that public schools must provide students with the materials and support they need to obtain their education, especially if they have a disability.
You've likely noticed that most public schools have wheelchair access or elevators for students with physical disabilities. Federal laws mandate these accommodations for physical disabilities, but they also require schools to make accommodations for students with “hidden” disabilities such as dyslexia, ADD, and ADHD.
Accommodations must be provided for:
- Autism
- Deaf-blindness
- Deafness
- Developmental delay
- Emotional disturbance
- Hearing impairment
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment (OHI)
- Preschool severe delay
- Specific learning disability (SLD)
- Speech or language impairment (SLI)
- Traumatic brain injury (TBI)
- Visual impairment
Federal laws also specify which kinds of services should be provided to students with these disabilities in order to provide an equal education.
Free Appropriate Public Education (FAPE)
Federal and state laws are often based on the principle that all U.S. schoolchildren deserve a free and appropriate public education (also known by the acronym FAPE). FAPE applies to disabled students as well as students who are members of protected classes, such as race, color, religion, sex, etc. Basically, the law doesn't let schools deny students the resources that they need to have a “free and appropriate public education.”
School districts must provide your child with whatever they need to have an adequate education at no cost to you. Of course, expenses must be within reason, but the general idea is to avoid having parents or students pay for these materials or resources themselves.
Individualized Education Programs (IEPs)
All K-12 students with disabilities are entitled to an individualized education program (IEP) if they need one. An IEP is a plan that sets up goals and progress markers for your kid's education. It includes specific actions needed to reach those academic goals. When your school creates an IEP for your child, you have the right to be consulted. You also have the right to suggest modifications to the plan and to ask the relevant instructors or school officials to review the plan on a regular basis to ensure it's still meeting your child's educational needs.
Reasonable Accommodations
Public schools and districts in the U.S. must provide disabled students with the materials and resources needed to have an education. These modifications are referred to as reasonable accommodations. Schools are the ones who shoulder the financial burden for reasonable accommodations—not students or parents. Reasonable accommodations can come in several forms, but the most common are allowing students to take exams or complete assignments in formats or settings tailored to their needs.
Least Restrictive Environment (LRE)
The least restrictive environment principle states that students learn best when placed in educational settings with their peers. Students should never be forced out of a mainstream classroom and isolated from their classmates because of their disability. “Least restrictive” doesn't always translate to a regular classroom, though. Some states and districts interpret it as an alternative learning environment where students with disabilities or special needs are placed in classrooms with other children who have disabilities.
Whatever actions the district takes concerning the least restrictive environment for a student they must be with the student's best educational interests in mind. As a parent, you have a say in whether your child is moved to a different classroom and for how long. You should exercise this right as much as possible.
New York Law
The state of New York's disability education laws build on IDEA and, therefore, support children with disabilities starting at age three. Each district is responsible for providing special education services to students who may be in need. Districts also have the responsibility of identifying and evaluating students with disabilities.
Every Student Succeeds Act
Since 2018, New York's Every Student Succeeds Act (ESSA) has been in effect. The ESSA uses multi-tiered systems of support, which includes both academic and behavioral instruction. This approach aims to ensure that each student gets the specialized support that they need.
The multi-tiered system of support is being tested in 14 schools throughout the state of New York as a pilot program. If your school district doesn't incorporate this system and you feel your child could benefit from it, you should contact your local school district to see what additional support might be available for your child. Sometimes, hiring a legal team like the Lento Law Firm's Education Law Team can help you secure these services for your child.
Buffalo Public Schools Division of Special Education
Buffalo Public Schools have a Division of Special Education. In each Buffalo public school, there is a Student Support Team (SST) who can assist students who are struggling in general education. If they feel your child might benefit from special education services, they can help you submit a referral to the Committee on Special Education (CSE). The CSE evaluates children and determines if they should be admitted to the special education program.
The CSE also conducts meetings with parents to discuss student progress and does an annual review to ensure the child's educational needs are still being met. For parents with questions about special education, there's also Parent Services, which you contact if you need answers or support.
Niagara Falls City School District Committee on Special Education
Children from ages 3 to 21 are eligible to receive special education services in the Niagara Falls City School District. Special education programs are overseen by the district's Committee on Special Education. This committee is responsible for identifying and evaluating students who may be in need of special education services.
Protect Your Student's Right to an Education
All students have the right to a free and appropriate public education under state and federal laws. If you live in the Buffalo-Niagara Falls metro area, you should familiarize yourself with these laws so you can stand up for your kid's rights. If the school district fails to meet your child's needs, it's up to you to take action.
One of the most important steps you can take when your child's school doesn't offer the educational opportunities they need is to contact a disability education lawyer. At the Lento Law Firm, our Education Law Team is familiar with both federal and state laws on disability and special education services in public schools. We can speak with your child's school officials and special education program administrators about the entry requirements and the type of modifications they can provide to your child's learning environment. We can help you negotiate for instruction that is more in line with what your child needs, and we can help you litigate against the school if it comes to that.
At the Lento Law Firm, our National Education Law Team serves students with disabilities in New York and across the country. We're passionate about helping students and families get the education they deserve. We can help protect your student's rights and put them on the path to academic success. Call us today at 888-535-3686 or contact us online to book a consultation.
