Two major federal laws protect students with disabilities. The Americans with Disabilities Act (ADA) and Individuals with Disabilities Education Act (IDEA) are the foundational laws in the United States for disability rights in education. These laws mandate certain requirements for students with disabilities, particularly those in K-12 public schools.
Depending on the state and county in which a student resides, state and local laws may provide additional protection and support. In the New York metropolitan area, parents and students need to be aware of not only the applicable federal laws but also the state and local laws.
One important caveat is that these laws may apply differently to a private school than they apply to a public school. If your child is enrolled at a private school and you have questions about their rights under federal and state education law, the Lento Law Firm Education Law Team can help.
If and when a school is not providing a student with the support they need, parents and guardians should be prepared to speak up and advocate for their child. The Lento Law Firm is experienced in working with school districts to ensure students have the best possible support and structure to succeed in their education.
New York Metropolitan Area
Over five percent of the United States population lives in the New York City metropolitan area. The counties and boroughs that comprise the area include:
In New York:
- Manhattan / New York County
- The Bronx / Bronx County
- Queens / Queens County
- Brooklyn / Kings County
- Staten Island / Richmond County
- Hudson
- Bergen
- Passaic
- Westchester
- Rockland Putnam
In New Jersey:
- Somerset
- Middlesex
- Monmouth
- Ocean
Newark and Jersey City, New Jersey's two most populous cities, are also part of this region. The area includes dozens of public school systems, all following the same federal rules and either New York or New Jersey law.
These districts are large and small, urban, suburban and rural, and come from a wide array of socioeconomic communities. Each of these districts may have different policies regarding students with disabilities. Knowing the specifics for each school will enable parents and students to maximize their support.
Colleges and Universities
The region is also home to dozens of colleges and universities. These schools range from world-renowned Ivy League universities such as Columbia and Princeton to community colleges and vocational schools.
These institutions are still required to abide by federal and state law. They tend to have more leeway in their policies for students with disabilities. IDEA, for example, no longer applies once a student graduates from high school. IEPs, discussed below, are not required in colleges or universities, although they can be useful. An existing IEP from high school may provide guidance for how a college or university can support a student.
The expectation underlining this difference in policy between K-12 students and college students is that those attending university are capable of advocating for themselves due to age and maturity. In addition, once a student is over 18, parents no longer have a legal role to act as an advocate.
Understanding FAPE, Reasonable Accommodations, and IEPs
Under ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973, schools are required to provide students who have disabilities with the support and resources they require to allow them to complete their education. These laws put more requirements on K-12 educational institutions than on colleges and universities.
Some of the key parts of these laws:
Free Appropriate Public Education (FAPE) applies to everyone. Children in the United States, including those with disabilities, have a right to FAPE. For students with disabilities, FAPE may include additional services or programs at no additional cost to themselves or their families.
Individualized Education Programs (IEPs) are a plan put together by the school, parents, and possibly the student to create a guide of what support and resources a student will need to succeed. Students as young as three can have an IEP, and IEPs can be revised as needed.
Reasonable accommodations are the alterations and adjustments a school makes to provide students with disabilities the same level of education as those without disabilities. Schools are not required to provide all accommodations. They can consider cost, use of resources, and other factors when determining what constitutes a reasonable accommodation for a student.
Least Restrictive Environment (LRE) means that school districts place students with disabilities in general classrooms and make them part of the school community as much as possible. This may involve having an aide with the student or other accommodations. What LRE means depends on each student's disability and what is in the best interests of that student.
Ideally, IEPs, FAPE, reasonable accommodations, and LRE work together to provide students with disabilities with the support they need to get the same education as other students.
New York Law
The state of New York has additional laws for providing education to children with disabilities. Two of these programs are preschool services and summer school.
New York's education law builds on IDEA, which supports students beginning at the age of three. In New York, school districts are responsible for providing special education services to three and four years olds, including contracting approved programs and paying for those programs.
If recommended by the Committee on Special Education, students between the ages of 5 and 21 years may have access to summer programs in July and August. Government agencies will cover the cost of the program.
If you believe your child would benefit from either of these services and your local district disagrees, you should work with the experienced Education Law Team at the Lento Law Firm.
Every Student Succeeds Act
In 2018, the U.S. Department of Education approved New York's Every Student Succeeds Act (ESSA). One of the reasons behind ESSA is to ensure the state of New York distributes federal funds in a way that benefits all students, regardless of their community or family's financial situation.
For students with disabilities, ESSA incorporates multi-tiered systems of support (MTSS). MTSS considers both academic and behavioral instruction based on evidence-based practices. The goal of MTSS is to provide each student with the specialized support and services they need to succeed.
MTSS is currently being tested in 14 New York State schools. The goal of this pilot program is to determine the best way to implement this program to support students with disabilities.
If your school district has not yet rolled out MTSS and you believe its evidence-backed approach would benefit your student, you should contact your school district to see if additional support is available. In some cases, hiring a legal team like the Lento Law Firm may help you secure these newer services.
New York City Department of Education
The largest public school system in the United States, the New York City Department of Education teaches over one million students each year in over 1800 different schools. While most school districts are contained within one county or town, the district spans all five boroughs.
Due to the large size of the district, they provide an array of services and options for students with disabilities. The district divides its support services by age, ranging from 3-K to post-high school plans.
For students who need significant support, the district offers District 75 programs. District 75 focuses on students with autism spectrum disorders, significant cognitive delays, emotional disabilities, sensory disabilities, or multiple disabilities. District 75 can be implemented in general classrooms, special classes, hospitals, and at home.
Westchester County
In comparison to New York City, Westchester County has approximately three dozen public school districts within its boundaries. Each school district determines its own policies.
Both the City School District of New Rochelle and the White Plains City School District, for example, operate a Committee of Special Education and a Committee on Preschool Special Education. White Plains also lists the resources for special education available in each of its buildings.
New Jersey Law
New Jersey emphasizes early intervention with its Child Find program. The goal of this program is to identify students with disabilities as early as preschool to ensure they receive the support they need as close as possible to the start of their education.
District Factor Groups
New Jersey groups schools into District Factor Groups (DFG). DFGs are based on the socioeconomic status of the school's community. Groups range from A, meaning the lowest socioeconomic status, to J, for the highest socioeconomic groups. These rankings allow the state to better compare the performance of students in similar communities.
For students with disabilities, a school's DFG classification may be relevant for determining what level of support a school can offer or comparing what programs and services similar schools have. While all schools fall under the same federal and state requirements, a school's resources and funding may affect what each district defines as a reasonable accommodation.
Bernards Township School District is one such example. Located in Somerset County, the district has a J ranking and dedicated resources for students from preschool to post-high school job training.
Schools may also offer programs above and beyond the school day. Jersey City Public Schools offers a weekly special needs social club for ages 5 to 24. The program's purpose is to provide students with disabilities with a program that builds social skills and provides therapeutic recreation.
In New Jersey, counties are limited in their ability to shape K-12 public education. One exception is approving programs and services, both public and private, for students with disabilities. Organized in conjunction with school districts within the county, counties will provide the public with a list of these approved providers. Monmouth County, for example, has a directory on its website.
Office of Special Education
New Jersey's Office of Special Education monitors the implementation of federal law within the state. This office also oversees four Learning Resource Centers (LRC) and provides training and assistance for both professionals and families.
Part of the Office of Special Education's job is to develop and maintain the State Systemic Improvement Plan. If and when a school district falls short of its federal or state obligations, the Office of Special Education should work with the district to bring it back into compliance. Newark offers an example.
Newark
As of August 2022, the New Jersey Department of Education found that Newark Public Schools had failed to provide support for students with disabilities. While the state required Newark to correct its shortcomings by November 2022, this is not the first time the school district has been cited for failing to meet federal and state standards for students with disabilities.
Some of the ways (PDF) that Newark was found to have failed students with disabilities included:
- Not placing students in the least restrictive environments
- Improperly reporting and developing IEPs
- Not providing students and parents with notification of meetings
- Not informing parents of a child's eligibility and reevaluation
- Offering insufficient oversight mechanisms
Even when the district provided students with an IEP, schools were not always following through on implementation.
Newark failed students with disabilities in multiple ways. At the same time, the widespread nature of its problems made it easier for state investigators to flag the school and force improvements.
One challenge for students with disabilities is when a school district has smaller, less noticeable issues. In cases where a district's problems are minor, there might be not a paperwork trail of evidence showing the school district repeatedly fell short of its legal obligations. In these cases, parents and students may have a harder time advocating for services or support because problems were not been flagged.
If your child is a student at Newark or another district that is failing in its legal obligations, you need to hire qualified legal counsel such as the Lento Law Firm.
Protect Your Student's Right to an Education
The law provides all students with the right to free appropriate public education. If you live in the New York Metropolitan area, you need to be aware of both federal law and relevant New York or New Jersey laws. If and when a school district is failing to support your child, you need to know all the available laws and services in your area.
The Lento Law Firm is a premier National Education Law firm, serving students with disabilities. They are passionate and experienced advocates who will protect your student's rights. Call 888-535-3686 for a consultation now, or use the online service.
