Special Education Attorney
Special Education Attorney
Parents of children with special needs are often faced with the dilemma of having to decide between sending their child to their zoned public school or sending them to a private school. Some public schools just don’t have what a child needs. Private schools tend to offer many benefits, including smaller class sizes , research-based instruction, and uniquely qualified teaching staff.
Do private school children receive special education reimbursements?
If a District cannot provide a FAPE for a child in-district, a child may be entitled to a private school education at the district’s expense. Parents may be reimbursed or receive prospective payment for tuition and related expenses for a private placement if:
- There is a determination that the child’s IEP offered by the District was inappropriate;
- There is a determination that the private school of the parent’s choice was appropriate; and
- The parents were cooperative with the District and did nothing to inhibit the district from offering an appropriate program for their child – the equities weigh in favor of the parents. The landmark cases pertaining to tuition reimbursement are the Burlington case and the Carter case, resulting in what is often referred to as the Burlington/Carter standard, the standard referenced above.
How will a special education attorney help?
That is exactly what special education attorneys do. They will assess your case, identify the ways in which the district’s recommended program/IEP failed your child, highlight the ways in which the private school is appropriate and then develop a case strategy to bring the case to a hearing.
Why work with the Gina DeCrescenzo, P.C., special education attorneys?
Our team has successfully litigated case throughout New York State, achieving millions of dollars worth of tuition reimbursement, private evaluations, private services, medical equipment, technology, and life-changing supports for our clients. We’ve fought against countless districts and have worked with dozens of non-public schools to fight for what our each of our clients need.
Just a couple of examples of our wins: one previous client received $450,000 for three years’ tuition at the Keswoll School, and another received $95,000 for one year tuition at The Gillen Brewer School.
The firm takes cases that other law firms find too difficult or complex. We also partner with Personal Injury firms to seek monetary damages for students who have been injured physically and/or emotionally by their district.
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