Special Education Lawyer New York

Special Education Lawyer New York

IEP

If your child is deemed to be a child with a disability under the law, the school district must then develop an IEP (Individualized Education Program) within 30 days of determining eligibility. The IEP has been described as the “centerpiece” of the IDEA system. This key document “sets out the child’s present educational performance, establishes annual and short-term objectives for improvements in that performance and describes the specially designed instruction and [related] services (OT, PT, Speech, Counseling, etc.) that will enable the child to meet those objectives.” D.D. ex. rel. V.D. v. NYC Bd. of Educ., 465 F.3d 503, 507-08 (2nd. Cir. 2006).

The IEP offered by the school district must be appropriately ambitious in light of your child’s unique circumstances and must enable him or her to make progress academically, emotionally, behaviorally, socially, and physically. The instruction must be specially designed for your child’s unique profile and the programs must be based upon peer-reviewed or scientifically-based research to the maximum extent possible.

504 Plans

A 504 Plan refers to Section 504 of the Rehabilitation Act. Section 504 is a civil rights law meant to protect children and individuals with disabilities from being discriminated against because of their disabilities. Children who have a physical or mental impairment which impacts their education may have the right to receive a 504 Plan. A 504 plan entitles these children to reasonable accommodations and/or modifications (i.e. extra time on tests, a piece of technology or medical equipment) to allow them to access their curriculum — to bring them to the same level as their same-age, non-disabled peers.

When should you get a special needs lawyer in New York?
  • The IEP team/CSE of the school refuses to accept the child’s disability or misunderstands how it manifests itself . 
  • The IEP team does not evaluate the child in all areas of suspected disability. 
  • The school dismisses the parent’s concerns and gives the reason that they lack the necessary funds and resources to implement the needed services or supports..
  • The child has stagnated or regressed while receiving an education in district. 
  • The child’s goals and objectives are simply repeated year after year or discontinued without being achieved. 
  • The child’s behavior is getting worse instead of better. 
  • The child is receiving bad grades. 
  • The child’s deficits are not being REMEDIATED. 
  • The child is being bullied. 
  • The child cries about school, doesn’t like school, or refuses to go to school. 
  • The child exhibits social/emotional issues or low self esteem. 
  • Your district says “we don’t do that here.” 
  • Your child’s work samples do not comport with their grades. 
  • Your child received below average scores on state or standardized testing. 
How will a special education lawyer in New York help your case?

Gina DeCrescenzo and her team fight for the rights of children with special needs to ensure the children receive the services, instruction, school placement, technology, and supports they require to make progress appropriately ambitious in light of their unique circumstances. In the past, the firm has managed to secure benefits in the following forms:
  • Transportation 
  • Tuition reimbursement for private schools
  • Private evaluations
  • Speech services 
  • Life insurance proceeds
  • Permission of a service dog to accompany the child to school
  • Medical equipment
  • ABA services
  • Orton Gillingham instruction
  • Vision services 
  • Authorization for the accompaniment of a licensed medical professional
  • Private tutoring sessions
  • Physical therapy services
  • Residential treatment programs
  • Technology
  • Occupational therapy, including the use of a sensory gym
  • Specialized training for Teachers and Staff
  • Home-based services and supports
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