The right to free public education is one that is granted to every child in this country, and children with disabilities are no exception. Just because your child doesn't fit the traditional educational mold doesn't hinder their right to free and public education. Your child may be facing challenges that are prohibiting them from thriving in a general education environment without accommodations or modification. Learning about your child's right to special education and the related services, accommodations, and modifications your child is entitled to can change the course of your child's educational journey.
New York State has the highest number of students receiving special education services in the country, with about 20.5 percent of its overall public school enrollment using these services. In New York City alone, about 19 percent (more than 200,000) of students have an individualized education plan to address their disabilities and needs at school. Accordingly, New York State has the highest spending in the nation on education services, with over $15 billion a year budgeted solely for providing disabled students with special education services.
Navigating the special education system and the processes that go with it can be confusing. As a parent, you won't let any hurdles get in the way of your child with disabilities getting the best education in a way that serves them. The Lento Law Firm's Education Law Team can help you; the team specializes in ensuring your child gets the educational resources they are entitled to under the law.
What Is Special Education?
There are many different definitions of special education out there, but it is important to understand the term as you determine if your child meets the requirements for special education services. New York defines special education as "individualized or group instruction or special services or programs to meet the unique needs of students with disabilities" that are provided to students at no cost to the parent.
What special education entails can differ drastically from child to child. Each child has their own unique needs that can range from needing to be placed in a special education classroom, having their own in-classroom aide, or even minimal services like extra time on assignments and exams. Basically, special education can include social, mental, or physical differences or disabilities that require modifications or accommodations to their education.
Determining what services might be appropriate for your child and what they are entitled to can be a complicated process. While there are benefits to New York's robust special education system, you need to make sure your child's needs are made a priority. You don't want your child to be just one of many in the special education system and not receive the specialized services they are entitled to. This is why having the Lento Law Firm's Education Law Team is necessary. It is our job to not only help you identify the services your child is entitled to under the law but also to ensure your school system is taking all the appropriate steps to best serve your child.
Who Is in Charge of Special Education in New York?
In New York, special education is governed by the Office of Special Education, a department housed within the New York State Education Department's Office of P-12 Education. (P-12 education refers to preschool through grade 12.)
The Office of Special Education has many roles and responsibilities. It works to promote educational equity and excellence for students with disabilities by taking the following actions:
- Overseeing the implementation of federal and State laws and policies for students with disabilities
- Providing general supervision and monitoring of all public and private schools serving New York State preschool and school-age students with disabilities
- Establishing a broad network of technical assistance centers and providers to work directly with parents and school districts to provide current information and high-quality professional development and technical assistance to improve results for students with disabilities
- Ensuring a system of due process, including special education mediation and impartial hearings
- Meeting with stakeholders through the Commissioner's Advisory Panel for Special Education Services ("CAP"), which advises the Governor, Legislature, and Commissioner on the unmet needs of children with disabilities in the New York education system
New York differs from some other states in that it has an entire office designated solely to helping children with disabilities in the state access the special education services they are entitled to. However, not all school districts will offer the same education services. Budget, staffing, and other factors can play a role in the special education services your child has access to.
Relevant Laws
Three federal laws, in particular, address disability rights and are important to understand as you embark on the journey of getting your child special education services. These laws are the Americans with Disabilities Act ("ADA"), Section 504 of the Rehabilitation Act of 1973 ("Section 504"), and the Individuals with Disabilities Act ("IDEA").
Individuals With Disabilities Act
The main federal law that addresses disability rights for students aged K-12 is IDEA. The law dictates the way states and public agencies offer special education to children with disabilities. The purpose of IDEA is outlined by the U.S. Department of Education; the purpose is as follows:
- to ensure that all children with disabilities have available to them a free, appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
- to ensure that the rights of children with disabilities and parents of such children are protected;
- to assist States, localities, educational service agencies, and Federal agencies in providing for the education of all children with disabilities;
- to assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families;
- to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services;
- to assess and ensure the effectiveness of efforts to educate children with disabilities.
One core component of IDEA is the Individualized Education Plan. The IEP is a unique plan designed by your school district that is tailored to the specific needs of your child to accommodate their disability. The IEP is a legal document that binds the school district to make the necessary modifications and accommodations for your child that are outlined within the document. For your child to qualify for an IEP, the school district must determine that your child's needs warrant different education services that are offered to all other students in a general education classroom.
Another core component of IDEA is that it entitles your child with disabilities the right to a Free, Appropriate Public Education ("FAPE"). FAPE is a right of students with disabilities who are enrolled within the public or charter school system. Components of the FAPE will be documented within your child's IEP. FAPEs have many different aspects and processes, including making appropriate evaluations, effectively involving parents and students (when possible and appropriate) in the decision-making process, and providing the least restrictive environment for learning to your disabled child.
Americans With Disabilities Act
The ADA covers all people with disabilities, not just school-aged children. The ADA prohibits discrimination against persons with disabilities in state and local government services. While the law covers everyone, it is particularly relevant to students with disabilities. This is because the law covers all children with disabilities, regardless of whether the school is a public school, charter school, or private school because this law is not restricted to schools that are receiving Federal financial assistance.
Section 504 of the Rehabilitation Act of 1973
Section 504 differs from the ADA because Section 504 specifically prohibits discrimination against individuals with disabilities who are attending schools that do receive Federal financial assistance. This means that it would not cover private schools. Students are eligible for protection under Section 504 if they meet one of the following requirements:
- Have a physical or mental impairment that substantially limits one or more major life activities
- Have a record of such an impairment
- Be regarded as having such an impairment
Plans developed under Section 504 differ from IEPs in that they do not have a written requirement. Having your child's education plan in writing is always a good idea, even if it isn't a requirement under the law.
New York Regulations
Parts 200 and 201 of the Official Compilation of Codes, Rules, and Regulations of the State of New York provide the regulations for special education in the State. Part 200 addresses special education programs and services for students with disabilities, while Part 201 dictates the procedural safeguards for students with disabilities who are subject to discipline.
Who Qualifies for Special Education?
In New York, children as young as three and as old as 21 can be eligible for special education services. Special education services are offered to children who have a disability that affects his or her ability to learn.
New York Special Education Services/Resources
The State of New York offers numerous special education resources to students, parents, teachers, and school districts.
Regional Special Education Technical Assistance Support Centers. Ten of these centers are distributed throughout the State of New York in school districts identified as needing assistance. The Centers include technical assistance such as bilingual educational specialists, regional trainers, behavioral specialists, and more.
Special Education Parent Centers. New York has 13 Special Education Parent Centers. These centers offer parents information, resources, and educational information on the special education process.
Early Childhood Direction Centers. These centers assist parents in starting their child on the referral process to getting special education services, particularly for younger children such as preschoolers.
Response to Intervention Technical Assistance Center. This center offers technical assistance to school districts as they implement model Response to Intervention programs, the programs that identify students currently placed in general education but who are struggling academically or behaviorally and may be candidates for special education services.
Center for Autism and Related Disabilities. This center works with school districts to help them develop effective educational programs for students with autism spectrum disorders.
These are just examples of the special education resources being offered, with many more out there.
What Is the Process to Get My Child Special Education Services?
The process for getting special education services is a multi-step process that most certainly requires patience. The process will generally look like this:
- Identify the child as possibly needing special education services or referral or request for evaluation by a parent.
- The child is evaluated using appropriate evaluation methods.
- A meeting is held with the Committee on Special Education or the Committee on Preschool Education, and it is determined if the child is eligible for special education services.
- If the child qualifies for special education services, their IEP will be developed.
- Special education services will be provided to the child, specific to their needs and in accordance with their IEP.
- Annual reviews are conducted to ensure the child is meeting the goals outlined in the IEP and to assess if the services being provided are meeting the child's needs. If needed, the child will undergo a reevaluation.
The Right to Special Education
Your child with disabilities has the right to special education services, and they deserve to be in an educational environment where they can thrive. But, for many New York families, the process is overwhelming, and they can feel like their voice isn't being heard.
The Lento Law Firm has extensive experience working with New York families to ensure their children receive the special education services and accommodations they are entitled to. Contact us online or at (888) 535-3686.
