Under the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA), students with disabilities have the right to equal educational opportunities, especially if they are between kindergarten and twelfth grade. However, depending on where you live, supplemental state and local legislation may provide further protection and support for your disabled child. If you live in the Syracuse metropolitan area of New York, you should know the laws that may apply to them.
While the ADA and IDEA typically only apply to public schools, private schools are usually encouraged to follow similar special education laws or are required to implement their own policies and procedures for students with disabilities. If your child is a student at a school in the Syracuse metro area and they are not receiving the support or accommodations they require to succeed, Lento Law Firm can help.
The Lento Law Firm Education Law Team understands how overwhelming these policies and procedures can be for families. As such, they will review your child's case and determine the best course of action to ensure the school or district complies with their federal, state, and local obligations. Call Lento Law Firm today at 888-535-3686 or schedule a consultation online.
Syracuse Metro Area
Lento Law Firm works with students and families throughout New York, including the Syracuse metro area. With three counties and a population of over 650,000, it is considered one of the smaller metro areas in New York state. Despite this, the Lento Law Firm Education Law Team can help students in any school district, including:
- Syracuse City School District
- Fayetteville-Manilus Central School District
- Jamesville-DeWitt Central School District
- West Genesee Central School District
- Cazenovia Central School District
- Marcellus Central School District
- Liverpool Central School District
- East Syracuse-Minoa Central School District
- Baldwinsville Central School District
- Chittenango Central School District
- North Syracuse Central School District
- Cato-Meridian Central School District
- Tully Central School District
- Weedsport Central School District
- Fabius-Pompey Central School District
These school districts account for nearly 90,000 kindergarten through twelfth-grade public school students. While each district has its own policies and special education programs, it is important to familiarize yourself with New York state law concerning students with disabilities to ensure your school district complies.
To ensure your child receives the services and accommodations they are entitled to, it is essential to contact a competent and experienced education law attorney. Lento Law Firm will review the state's policies and the local school district's rules and craft a solid argument as to why your child is entitled to such accommodations.
Colleges and Universities in Syracuse, NY Metro Area
There are dozens of public school districts in the Syracuse metro area, but it is also home to several public colleges and universities, including:
- SUNY Upstate Medical University
- SUNY College of Environmental Sciences and Forestry
- SUNY Oswego Metro Center
- SUNY Empire State College
- SUNY Oswego
- SUNY Morrisville
- Onondaga Community College
Public colleges and universities must also follow federal and state laws concerning students with disabilities. However, admittedly, the level of services is lower in college than it is for children in public elementary, middle, or high schools because colleges and universities do not have to provide their students with individualized education programs (IEPs). Students with disabilities in higher education are expected to request accommodations and services on their own behalf. When their school fails to provide these services, students have to navigate the appeal process on their own, which can be quite taxing. As such, many college or university students with disabilities end up being unsuccessful or finding it easier to give up.
If you or your child attends any of these colleges and you feel like you are not receiving the services and accommodations you need to succeed with your disability, Lento Law Firm can help. They will reach out to the school administration on your behalf and begin advocating for your needs.
FAPE, Reasonable Accommodations, and IEPs
State and federal laws protect all students in the Syracuse metro area enrolled in public schools, including students with disabilities. To ensure students with disabilities receive equal educational opportunities as their non-disabled peers, the federal government has enacted the following legislation:
- Americans with Disabilities Act
- Individuals with Disabilities Education Act
- Section 504 of the Rehabilitation Act of 1973
Under these laws, public schools must provide students with disabilities the services and accommodations they need to receive their education. Moreover, these laws do not just stipulate how schools can be more accommodating for students with physical disabilities (like wheelchair lifts or elevators) but also for students with “invisible” disabilities like ADD/ADHD, Autism, dyslexia, and dyscalculia.
According to the ADA, IDEA, and Section 504, the following disabilities qualify for accommodations and services:
- Orthopedic impairments
- Visual impairments
- Hearing impairments
- Blindness
- Deafness
- Autism
- Intellectual disabilities
- Emotional disturbances
- Developmental delays
- Pre-school severe delays
- Specific learning disabilities
- Speech or language impairments
- Traumatic brain injuries
- Multiple disabilities
- Other health impairments
In addition, many of these laws specify which services should be given to students with disabilities to furnish them with equal educational opportunities.
Free Appropriate Public Education (FAPE)
According to the IDEA, all students are guaranteed a free appropriate public education (FAPE), including students with disabilities. To provide students with disabilities with a FAPE, the state tasks their school districts with evaluating students to see if they are eligible for services and accommodations. If a student is eligible, the school must implement them.
Unfortunately, many schools or districts will cite cost when a parent requests a particular kind of service or accommodation and try to shirk their responsibility. It is up to the parents to continue to advocate for their child's needs and show why this particular service, despite the cost, is in the child's best interest.
Individualized Education Programs (IEPs)
All kindergarten and twelfth-grade students with a qualifying disability are entitled to an individualized education program (IEP). IEPs are legal documents that outline the student's goals, accommodations, and progress markers. Once the document is created, agreed upon, and signed by the IEP team, the school must provide the student with those services and accommodations.
The IEP is reviewed yearly at a mandatory IEP meeting, but supplemental modification meetings can be held throughout the year. The goal is to create a plan for your particular child and their specific needs to ensure they can get an education that will help them academically and personally.
Reasonable Accommodations
The one caveat to the expectation that schools must provide services and accommodations for students with qualifying disabilities is that these accommodations must be reasonable. That is, they cannot unnecessarily burden the teachers, administration, or other students financially, physically, or emotionally.
For instance, if a hearing-impaired student wears hearing aids and the parents request an interpreter for the student, the school may cite costs or explain that having the interpreter in the room unnecessarily disrupts the environment. The parents will have to push back on the school's explanation, showing ways the school can save money by using an interpreter, how it will not affect the classroom, and how much it will help their child connect with what they are learning.
Least Restrictive Environment (LRE)
Students with disabilities who receive special education services and accommodations must be placed in the least restrictive environment (LRE). The LRE is the place where the student learns best. Typically, this is a regular classroom setting with non-disabled peers, but sometimes, it means placing the student in a special education school or an alternative education program. For instance, a non-verbal autistic child may do better in a special education classroom with students who have needs that are similar to his. Alternatively, he may learn better in the regular classroom with access to technology that allows him to ask questions and connect with his peers.
It is important to remember that this placement is supposed to be in the best interest of the child. So, if you feel like the school's placement is not in your child's best interest, you can request that the school review the placement and come up with alternative ideas. If they refuse to do so, you have every right to request an administrative hearing to force them into compliance.
New York Law
As we explained above, federal laws offer rights to students with disabilities, but states have the choice of adding to these policies and procedures. New York's disability education laws build on the IDEA and offer support to children from three years old and up. Each district in the Syracuse metro area is not only responsible for giving special education services to students with disabilities but also for identifying and evaluating them.
Every Student Succeeds Act
In 2018, New York adopted the Every Student Succeeds Act (ESSA), which supports academic and behavioral instruction. The ESSA aims to ensure each student gets the specialized services and accommodations they need to succeed in school. This multi-tiered system of support is still being tested throughout the state as a pilot program, so some school districts do not yet have access to it. However, if you think your child could benefit from this Act, you can contact your local school district to see what other support your child might qualify for.
Sadly, many parents spend weeks trying to help their children receive the services they qualify for, only to be unsuccessful. The Lento Law Firm Education Law Team will take this stress off your shoulders, contacting the school district on your child's behalf and negotiating with them far before an administrative hearing is necessary.
Syracuse City School District Special Education Office
The Syracuse City School District has a special education office that is in charge of helping students with disabilities acquire the services they need to succeed in their LRE. If you believe your child requires services and accommodations because of their disability, but their school is not helping facilitate it, Lento Law Firm can help.
Onondaga Central School District Student Services and Special Education Office
In the Onondaga Central Schools District, there is a Student Services and Special Education Office that oversees the entire special education system for the district. If you believe your child needs services and accommodations to help them receive their FAPE, you can contact this office for help.
The Student Services and Special Education Office will initiate a special education services evaluation, as well as the IEP process, and determine the child's actual needs. In some cases, they may determine that the child has no special education needs and refuse to help. When this happens, you need to reach out to a skilled education law attorney who can negotiate on your child's behalf, forcing the office to fulfill their obligations.
Madison Central School District Committee on Special Education (CSE)
Similar to Syracuse City School District and the Onondaga Central School District, Madison Central School District has a Committee on Special Education (CSE) that helps parents and students understand their special education rights. Additionally, the CSE is in charge of identifying and evaluating students with disabilities who reside in their county.
Protect Your Student's Rights to an Education
Every elementary, middle, and high school student in the United States has a federal right to a free and appropriate education in the least restrictive environment. If you live in the Syracuse metro area, you need to familiarize yourself with the disability laws that pertain to your child so you can best advocate for their rights. When the school district provides your child with the services and accommodations they are entitled to, it is up to you to enforce them.
Admittedly, many parents find the initial service requests, evaluations, and countless meetings and conferences exhausting. When the school makes its decision, and it is not what the parents want, fatigue sets in, and the parents fail to successfully fight with the school to get the services their children need.
The Lento Law Firm Education Law Team is keenly aware of this fatigue and will work tirelessly to contact the school, the district, and even the state, if necessary, to get your child the services they need to succeed, both academically and socially. Call Lento Law Firm today at 888-535-3686 or schedule a consultation online.
