Advocating for Your Child's Education Rights in New York
Legal Support for Special Education Services In Nassau County
At the Law Offices of Mazzei & Polk, we work together with parents and families to ensure that their child receives a Free Appropriate Public Education (FAPE), as is required under the Individuals with Disabilities Education Act (IDEA) and its related New York State Regulations, Article 89 of the Education Law. The IDEA is a federal law that mandates that school districts identify, locate and evaluate children in each area of suspected disability. This requirement includes children who may be parentally placed in a private school, may be receiving home instruction, and those who are hospitalized or homeless.
How Does the Process Unfold?
Once the child is suspected of having a disability, a referral is made for the child to be evaluated. The Committee on Special Education (CSE) or Committee on Pre School-Education (CPSE) will then arrange for the evaluation. There are specific timelines which must be adhered to in this regard. The purpose of the evaluation is to determine if your child qualifies as "a child with a disability" under the applicable laws.
After the evaluation(s) are completed, the CSE/CPSE will meet to determine your child's eligibility. You, as parent, are an important member of that team. These initial meetings are often time-consuming and stressful. At Mazzei & Polk we will prepare you for that meeting, and in certain cases may even attend the meeting with you. We believe that collaboration between parents and the district is important to ensure that the child is educated in the their Least Restrictive Environment (LRE).
In order for your child to qualify for an Individualized Education Program (IEP), their disability must be listed as one of 13 categories under the applicable laws and must also adversely affect their access to education. Below is the list of the 13 categories:
- Specific Learning Disability
- Other Health Impairment
- Autism Spectrum Disorder
- Emotional Disturbance
- Speech or Language Impairment
- Visual Impairment including Blindness
- Deafness
- Hearing Impairment
- Deaf-Blindness
- Orthopedic Impairment
- Intellectual Disability
- Traumatic Brain Injury
- Multiple Disabilities
Whether your child has an IEP, an IESP, or a 504 plan and you have questions regarding its implementation; or you are seeking tuition reimbursement, or whether you believe your child is eligible for special education programing and services and the district does not agree, we can help.
Because every situation is unique, we recommend a consultation with an experienced attorney.
Reach out today by calling (516) 461-3148 or by using our online contact form.
