For many families, the realization that a child isn’t thriving in their current school setting happens gradually. It might start with a sense of unease during parent-teacher conferences or the feeling that your child is coming home more frustrated every day. When a public school cannot meet a student's unique needs, parents often feel stuck, assuming private school is financially out of reach. However, under federal and state law, you may have options you haven't considered. If a school district fails to provide a Free Appropriate Public Education (FAPE), parents in New York may be eligible for tuition reimbursement for a private placement. Understanding how this process works is the first step toward advocating for the education your child deserves. What Is Tuition Reimbursement in New York? Tuition reimbursement is a legal remedy available under the Individuals with Disabilities Education Act (IDEA). It allows parents to be reimbursed for the cost of a private school tuition if they can prove that the public school district failed to provide a FAPE and that the private placement they chose is appropriate. It is important to understand that reimbursement is not automatic. You cannot simply enroll your child in a private school and send the bill to the district. It is a legal process that often involves impartial hearings. The burden of proof lies with the parents to demonstrate that the private program they chose is appropriate and there are also procedural requirements that need to be met in order to receive reimbursement. Red Flags Parents Should Watch For Parents are often the best experts on their own children. You know when your child is happy and learning, and you know when they are struggling. If you are unsure whether your child’s current placement is working, keep an eye out for these common red flags: Academic Stagnation or Regression: Your child is not mastering new skills or seems to be losing skills they previously had. Emotional Distress: You notice increased anxiety, school refusal (absences), or behavioral outbursts that only happen on school days. IEP Goals Not Being Met: The progress reports show little to no improvement on specific IEP goals year after year. Lack of Individualized Support: The school uses a "one size fits all" approach rather than tailoring instruction to your child’s unique learning profile. Ineffective or Missed Services: Your child is receiving mandated services (like speech or OT), but they do not seem to be helping, or services have been missed, and they have not been made up. When Parents Can Push for Change If you are seeing these red flags, it may be time to take action. The most effective advocacy is proactive, not reactive. Start by documenting everything. Keep a log of your child’s struggles, save emails and texts with teachers, and organize your child’s progress reports and evaluations. You do not have to wait for the annual review to discuss your concerns. You can request a Committee on Special Education (CSE) meeting at any time to review the IEP and discuss whether the current placement is appropriate. If the district cannot or will not offer a program that meets your child’s needs, that is often the moment when families begin to explore private placement and potential reimbursement. RECORD these meetings. Why Legal Guidance Matters Navigating a tuition reimbursement claim in New York is complex. There are strict timelines and procedural steps that must be followed, such as providing the district with proper notice before removing your child from public school. A missed deadline or a procedural error can jeopardize an entire claim, regardless of how appropriate the private school placement is. This is why many families choose to work with a special education attorney. An attorney can help guide you through the due process hearings, assist with securing independent educational evaluations, and ensure that your case for reimbursement is presented clearly and effectively. The goal is to ensure your child receives the education they are entitled to under the law. Exploring Your Options Deciding to move your child to a new school is a significant decision, and the prospect of a legal dispute with your school district can feel overwhelming. However, you do not have to navigate this path alone. By understanding your rights and the concept of a FAPE under the IDEA, you can make informed decisions that prioritize your child's future. If you are concerned that your child’s needs are not being met and want to discuss your options regarding private school tuition reimbursement, we are here. Contact Gina DeCrescenzo, P.C. today to schedule a consultation and learn how we can support your family’s journey .

Navigating the world of special education often feels like learning a new language. You hear acronyms thrown around in meetings and it is normal to feel overwhelmed. As a parent, you simply want the best for your child. Understanding the difference between a 504 Plan and an Individualized Education Program (IEP) is the first step toward securing the right support. While both plans aim to help students succeed, they serve different purposes and fall under different laws. Knowing these distinctions is vital for your child’s future. What is a 504 Plan? A 504 Plan falls under Section 504 of the Rehabilitation Act of 1973. This is a civil rights law. It prohibits discrimination against individuals with disabilities. The primary goal is to give students equal access to the learning environment. These plans usually provide accommodations rather than specialized instruction. Think of changes to the environment that remove barriers. This might include extra time on tests, preferential seating, or access to audiobooks. If a student can learn the general curriculum but needs adjustments to access it, this plan often applies. What is an IEP? An IEP stands for Individualized Education Program. It falls under the Individuals with Disabilities Education Act (IDEA). This is a federal special education law. So, what does having an IEP mean for your child? It means they require specialized instruction to make progress in school. It covers more than just accommodations. It includes specific learning goals, modifications to the curriculum, and related services. These services might include speech therapy, occupational therapy, or counseling. Key Differences at a Glance It helps to look at the specific components of each plan to see how they differ. Eligibility: A 504 Plan requires a disability that limits a major life activity. An IEP requires a disability that affects educational performance and requires specialized instruction. Services: 504 Plans offer accommodations and modifications to the environment. IEPs offer specialized instruction and related services. Legal Safeguards: IEPs provide procedural safeguards and specific timelines. 504 Plans have fewer specific procedural regulations. Enforcement: A CSE meeting (Committee on Special Education) manages the IEP. A 504 team manages the 504 Plan. Which One Fits Your Child? You might wonder which path is right. If your child learns well in a general education setting but needs physical or environmental support, a 504 Plan is often appropriate. However, if your child struggles to keep up with the curriculum or needs direct support to build skills, an IEP is likely necessary. Sometimes schools suggest a 504 Plan when a child actually needs an IEP. This often happens because 504 Plans are less resource-intensive for the school district. If the school recommends a 504 Plan but you believe your child needs specialized instruction, you have the right to request a full evaluation. When to Seek Professional Guidance You are the best advocate for your child. Trust your instincts. If you feel your child is falling behind despite current accommodations, it may be time to reassess. Navigating these disputes can be complex. Connecting with a special education attorney Long Island families trust can help clarify your options. Ensuring your child has the right legal document in place is essential for their success. You do not have to navigate this process alone. For families navigating 504 Plans, IEPs, or school placement concerns, learn more at www.decrescenzolaw.com

Parents across New York face a difficult decision when their child's public school program isn't meeting their educational needs. For families of children with special needs, this challenge becomes even more complex. Understanding tuition reimbursement in New York under the Individuals with Disabilities Education Act (IDEA) can help you make informed decisions about your child's future. Understanding Your Rights Under IDEA The IDEA guarantees every child with disabilities access to a "free appropriate public education" (FAPE). This federal law requires schools to provide the evaluations, services, and supports your child needs to succeed academically. When your public school district fails to provide FAPE, you may have grounds to seek private school placement at public expense. When to Consider Private School Placement Several warning signs may indicate your child's current program isn't adequate: Lack of progress on IEP goals year after year Behavioral issues that escalate without proper intervention Declining academic performance despite having an IEP or 504 plan Insufficient specialized services for your child's specific disability Inadequate response to requests for additional support during IEP and 504 meetings If these situations sound familiar, it may be time to explore your options with a special education attorney who understands the complexities of education law. The Tuition Reimbursement Process Seeking tuition reimbursement in New York involves specific legal steps that must be followed carefully: Before Placement: You must give written notice to your school district expressing concerns about the proposed IEP and your intention to seek private placement at public expense. During Placement: Document your child's progress in the private setting and gather evidence showing the placement is appropriate for their needs. After Placement: File for tuition reimbursement through due process, demonstrating that the district failed to provide FAPE and that your chosen private school offers an appropriate program. Building Your Case Success in tuition reimbursement cases depends on thorough documentation and expert legal guidance. A qualified special education lawyer will help you: Review your child's educational records and IEP documents Gather expert evaluations and testimony Document the district's failure to provide appropriate services and programming Demonstrate the effectiveness of the private placement The Importance of Legal Representation Navigating the special education system can feel overwhelming, especially when facing resistance from school districts. Having an experienced attorney by your side levels the playing field and ensures your child's rights are protected throughout the process. Taking the Next Step If you believe your child's public school program is inadequate, don't wait to seek help. Every day matters when it comes to your child's education and development. The sooner you address these concerns with proper legal guidance, the better positioned you'll be to secure the services and program your child deserves. Consider reaching out to a qualified special education attorney who can evaluate your situation and help you understand your options. With the right support and advocacy, you can ensure your child receives the education they need to thrive. For more information about protecting your child's educational rights, visit decrescenzolaw.com to schedule a consultation with an experienced education law team.

Across America, school and district leaders have a legal obligation to provide safe environments for students. They must supervise children responsibly, implement policies and rules that protect students from all forms of foreseeable harm, and maintain facilities and campuses to promote safety and security. When one or more academic leaders fail to uphold these responsibilities, children can experience problems with their educational, emotional and physical development. Their parents and guardians suffer as well. Although schools are meant to act as safe havens for children to acquire the knowledge and experiences they need to grow and thrive in the world as adults, far too often negligence or misconduct occurs in academic institutions. The consequences of bullying and harassment and inadequate supervision in Yonkers, New York, Long Island, New York, New York City, and other districts throughout NYS can be devastating to children and their families. What Is the Definition of Bullying and Harassment? Harmful actions against elementary and secondary school students can occur anywhere in a school environment. Bullies most often approach victims in transit on school buses or when groups of children walk to and from school, in neighborhoods and on playgrounds, during recesses and meal breaks, in bathrooms, hallways and classrooms, and on social media and in other internet social gathering places. According to the U.S. Department of Health and Human Services' (HHS) StopBullying.gov website, bullying occurs when one or more children intentionally create a power imbalance, or the perception of one, during their interactions with one or more other children through "unwanted, aggressive behavior," especially repeated aggressive words, physical actions and manipulation. Harassment creates an environment in which verbal, physical and other actions make the victim or victims feel unsafe and unwelcome. That said, as noted by the site's Get Help Now page, the legal definition specifically deals with one person targeting another based on their "race, color, national origin, sex, disability, or religion." In this example, a teacher or other staff member might also bully one or more children. How Do Bullies Attack Their Victims? Bullying and harassment are abusive actions that children and adults perform in direct and indirect ways. The intent is to cause both short-term and long-term harm to a victim. With verbal abuse, bullies often use belittling, humiliation, name-calling, ridicule, sarcasm, taunting, teasing, threats of harm and/or sexual commentary. Scenario examples of verbal bullying include: Calling out the victim's perceived weaknesses loudly in public Making mean comments about a victim's appearance or intelligence Telling the victim that their only purpose in life is to provide sexual favors Using close whispering to describe future harmful actions in detail During physical attacks, bullies often bite, hit, kick, pinch, poke, push or trip a victim. Sometimes they attack with food, water, or even their spit or waste. Physical bullying examples commonly include: Breaking, hiding or stealing a victim's property Making mean or rude side gestures in class Exposing a victim to gross or sexual content anywhere Touching a victim in a non-consensual intimate way In social incidents, bullies manipulate emotions to coerce a victim to perform an unwanted action, damage a victim's relationships or reputation, or isolate a victim entirely from others. Examples of social bullying include: Blasting the victim with unwanted calls and messages Exerting control over friend, class and shared groups Manipulating others to perform the bullying actions Spreading lies and rumors on social media Bullies attack anyone. That said, the most common victims are isolated or perceived as different or unable to fight back, such as children who experience anxiety or low self-esteem or struggle with invisible or visible chronic health problems and disabilities. What Are Common Warning Signs of Bullying? Many parents and guardians don't immediately notice the signs of a child experiencing bullying and harassment. They might believe their child is simply going through natural mental and physical changes or overreacting to events outside the home. If a teacher or administrator is the bully, they might be incapable of considering the possibility. Common signs that reveal a child bully victim range from bruises and other injuries to property loss or damage and self-destructive actions. For example, a bullied child might: Allow their grades to slip and refuse to study Experience nightmares or other sleep-related problems Express less interest in hobbies Fake being sick to stay home more often Lose most of their friends or refuse to socialize Stop eating as much or show signs of a serious eating disorder Talk about feeling depressed or harming themselves and others Common signs that a child is abusing someone range from repeated talking back and overt aggression to covert and manipulative behaviors. For example, a child bully might: Get into verbal or physical fights and frequently attend detention or visit the principal Make friends with children and others who act aggressively or meanly toward people Possess an unnatural belief that everyone hates them, talks about them, or wants to hurt them Refuse to accept that they're a problem and blame anyone they can for their actions Worry obsessively about their popularity and reputation or have an unhealthy sense of competitiveness Parents, guardians and others must keep in mind that children often won't report the bullying to them. Like adult victims of domestic violence, disability abuse, narcissistic actions and other forms of abuse, young victims experience high levels of fear and uncertainty that make them question who to trust. Worse, bullies often use mental tactics to make victims think that no one can help or that they will know if someone finds out. Some children also believe they must stop the bullying on their own to feel like they're in control of the situation and earn the respect of their peers or adults. How Should Schools Respond to Safety Issue Reports? On September 13, 2010, New York legislators created the Dignity for All Students Act to address bullying and harassment in elementary and secondary schools. The act requires school leaders to guarantee a "safe and supportive environment" for all students, no matter their background. It covers many school-related locations, including buses, campuses, and events hosted by or attached directly to a school. The Dignity Act amended state education laws with directions related to character, citizenship, civility, dignity, respect, sensitivity, tolerance and other areas. It covers "different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, gender identity, and sexes." Under DASA, school officials must use the guidance in their codes of conduct and provide a safe space that's free of bullying, discrimination, intimidation, taunting, and harassment. It also requires schools to address these areas fully, and officially report all incidents. At the federal level, HHS notes that victims, parents and guardians should report cases of bullying and harassment to a teacher, school counselor or principal. The state requires them to also report to a DASA coordinator. Once school officials receive a safety issue report, they aren't required to hire an outside investigator or transfer a bully to a different school. That said, they must stop the situation by any means possible. How Can a New York Lawyer for School Bullying Help? Parents and guardians don't typically know the swiftest ways to help their bullied child or children. The steps required are lengthy and consume a lot of time and effort. Additionally, many New York schools don't have the staff or resources to address all reports of bullying and harassment appropriately. Even if a parent or guardian recognizes and documents everything, they might have difficulty with receiving help from a DASA coordinator. They might not file their complaint correctly or in a timely fashion. They must also follow up regularly with the coordinator and the school. Some schools won't take action without repeated complaints or public feedback. And even then, they often find the incidents "unfounded" and rubber stamp whatever was done by their staff and adiminstrators. Although victims and their loved ones have the right to file a complaint with the police, law enforcement officers often refer back to school or district leadership. If the school fails to help, parents and guardians must then reach out to the school superintendent, New York's Department of Education, and the civil rights offices of the U.S. Department of Education and U.S. Department of Justice. A school bullying lawyer qualified to provide legal guidance and support in New York can help push all these processes forward faster. When an Education Attorney fights on behalf of a family, school officials are forced to recognize that they won't get away with dragging their heels. They can't just sit back and hope this problem will go away after a verbal warning or brief detention or over time with the maturation of the involved children. When Is the Right Time to Speak to an Education Lawyer? The sooner the better. If your child experienced and reported any form of bullying or harassment and failed to receive a strong initial response from New York teachers or other officials, it's time to contact a lawyer who deals specifically with these types of education and bullying claims. The education attorneys and team at Gina DeCrescenzo, P.C., have built a strong reputation for holding powerful academic institutions accountable. They do not shy away from litigation and have gone to federal court with bullying cases and WON. GDPC is proud that they've expanded their practice to represent bullied and other children in education as well as personal injury cases against schools and school districts. For more information or to schedule a consultation to discuss your child's case, call (914) 615-9177, send an email to info@decrescenzolaw.com

One of the programs designed to ensure all children receive the time and attention and services they need at school is the Individualized Education Program (IEP). Knowing what the law requires will help you understand when schools fail to follow the program’s protocols, and how Gina DeCrescenzo can represent you and your family in seeking accountability and justice. What Is an IEP? An Individualized Education Program (IEP) states the specific services a school will provide for a child with a disability. The program isn’t optional for a school. It’s mandatory for each student with a disability under the Individuals with Disabilities Act. The law requires the school to draft a program tailored to the needs of each particular child. The goal is to allow that child to progress commensurate with his or her potential. Appropriately ambitious progress, per the law. Your child’s IEP isn’t developed by any individual but by a team of stakeholders, including you and your child’s teachers, related service providers, doctors and anyone else who has knowledge of your child's present level of performance. There’s no limit to the number of experts who can contribute to the team according to your child’s needs. For example, the team might include healthcare professionals, psychologists, experts in hearing, vision, speech, and so forth. Is Your Child Eligible? Eligible students range from 3 to 21 years old. The child is eligible if the disability impairs academic pursuits. The law recognizes 12 disability categories for specialized education. Hearing impairment Speech or language impairment Visual impairment Orthopedic impairment Emotional disturbance Intellectual disability Specific learning disability (e.g. dyslexia) Multiple disabilities Autism Spectrum Disorder Traumatic brain injury Deafness or blindness Other impairments, including Attention Deficit Hyperactivity Disorder and asthma If your child's condition is not listed above, that doesn't mean the child isn't eligible. Contact our office for more details. Getting Started You can contact the school to request an evaluation for your child if the school has not suspected your child may be eligible and initiated the process. Next, school authorities decide if your child meets the primary eligibility requirement. If your child meets eligibility, authorities must schedule a CSE meeting to take place within 30 days to draft your child's program, services and supports. The team then introduces your child to the prescribed services. You should receive regular progress reports regarding these services to make sure they're effective - to make sure they are working and your child is making meaninful progress. The reports are not an extra service. They are required by law and must be given to you, as parents. The program has to undergo review at least once during the school year. However, you can request more frequent reviews if you have questions, concerns or see any "red flags" that need explanation. Another type of review takes place every three years. The triennial review is a mandatory review of all necessary evaluations. The evaluations need to be updated so that present levels of performance are recorded and so that prior scores can be compared to newer scores to see if the right amount of progress is being made. The review will also determine what services are needed at the present stage of the student's development. When an Attorney is Helpful The federal government spells out the rights of parents with a child needing specialized education. When schools fail to honor your rights, an attorney, like Gina DeCrescenzo, can represent your interests, fighting for the education your child deserves. If the initial evaluation doesn't conclude that your child is eligible, or the team determines the child is eligible but fails to offer the programming and services your child needs, you have the legal right to a second evaluation conducted by an Independent Evaluator. The right to an IEE is a valuable right under the law and Gina DeCrescenzo can walk you through how to get the district to pay for your independent evaluator. You don't have to accept every recommendation for how your child should be educated. You reserve the right to object to any suggestions with which you disagree. Your attorney can review the IEP for its compliance with all relevant laws. If the school is resistant to your preferences, an experienced lawyer may have greater success getting the school to respect your wishes. If the school still refuses to budge, you have the right to request a due process hearing. Gina DeCrescenzo and her team have litigated countless cases against school districts and are known for their litigation skills and tenacious advocacy. Throughout the life of your child's schooling, having an education attorney on call could prove invaluable. Gina DeCrescenzo and her team will fight with you every step of the way to ensure your child is receiving everything they are entitled to.  Placements The IEP determines the most suitable placement or environment in which your child will do best. Appropriate placements are critical for a student's success, so if you are at odds with the school over placement, consider having an attorney speak on your behalf. A child advocacy lawyer can argue in your case that the placement doesn't match the needs of your child and call for adjustments from the IEP. The standard procedure involves placing your child in the least restrictive environment possible where your child can excel. In this sense, "restrictive" refers to the amount of special services that are required. What an Attorney Can Accomplish An attorney can ensure that your child is receiving the most appropriate education available, including all the services to which they're entitled. This includes verifying that the teachers working with your child are qualified to help kids with specific disabilities develop into more capable and independent adults. Your attorney can insist the CSE communicate clear annual goals for your child to reach. The goals must be achievable and measurable. They must be specific and understandable. And they must be ambitious. It is always a good idea to get a private provider or doctor involved to weigh in on the child's potential to make sure that the school knows what the child is capable of. Measurable goals allow the reports on your child's progress to be objective rather than subjective. The reports should also avoid academic, medical, or scientific jargon in favor of language easily understood by the average person. It's helpful to have a lawyer who will also speak on your behalf if the school fails to provide the necessary physical items your child needs. For example, the district should make assistive technology available to each student with a disability, such as screen readers, text-to-speech software, and interactive whiteboards. If it is not apparent what technolgoy will be helpful, an assistive technology evaluation can and should be paid for by the district so that the child's needs can be assessed and all technology can be explored. Choose the Right Special Education Attorney for Help With an IEP There are few gifts you can give your child greater than excellent schooling, but in the case of special education, you need help from experts. One of the professionals you should have on your side is a qualified Individualized Education Program lawyer like Gina DeCrescenzo. Gina's legal career is focused on fighting for the rights of children. Throughout her career, she has accumulated victory after victory as she has held school districts throughout New York State, including in New York City and Yonkers, New York accountable. There's no reason you should try to face the complicated education system's bureaucracy alone. Instead, contact the office of Gina DeCrescenzo today to add an experienced special education lawyer to your team.

Parents expect their children to be safe when they drop them off or send them to school. To meet that expectation, most schools in New York are expected to follow strict requirements, including those outlined in the Dignity for All Students Act (DASA), a government mandate that requires all New York schools to provide a supportive environment where children can learn and reach their fullest potential. Signed into law in New York on September 13, 2010, DASA requires all schools to protect children against discrimination, bullying, physical injury, and other reasonable and foreseeable dangers. Examples of reasonable and foreseeable dangers include bullying and harassment on school property, buses, and at school functions, which can adversely affect a child's mental health. But DASA is by no means foolproof. Even when NYC schools and schools in Yonkers strictly follow DASA guidelines, students still suffer physical and, in some cases, psychological injuries. Where on School Property Are Physical Injuries the Most Common? According to a study published by the National Institutes of Health (NIH), most school-related injuries occur on playgrounds. The 2023 study revealed that 32.6% of all school students suffer injuries while playing on playgrounds, and 26.1% and 10.7% are injured in classrooms and on physical education (PE) fields, respectively. Many factors contribute to these injuries. On playgrounds, for example, most are a byproduct of inadequate supervision or unsafe equipment. Some of the most common playground injuries reported by New York schools include the following: Abrasions Bone fractures Concussions Contusions, which are soft tissue injuries that cause bleeding beneath the skin Lacerations Sprains To further illustrate how prevalent playground-related injuries are in New York schools and schools in other states, we need only look at a study published by Children's Safe Network , a national resource center for the prevention of childhood injuries and violence. It found that close to 219,000 playground-related injuries are treated in U.S. hospital emergency departments annually, with most resulting from falls, collisions with other children or equipment, and equipment failures, such as broken swing chains, collapsing equipment, and inadequate or missing guardrails on playground equipment. Classroom and Sports-Related Injuries In most schools, slip and falls are the cause of most classroom accidents that result in injury. And New York schools are no exception. Studies show that slip and falls account for some 16% of injuries among New York school students. They are also the leading cause of injuries requiring hospitalization. As far as sports-related injuries, many school children in New York City and Yonkers, the third-most populous city in New York, suffer sports-related injuries while on PE fields. Most of these injuries occur when students participate in high-contact activities or play on uneven surfaces. Bullying and harassment also play a part in some PE field injuries. Some injuries are due to negligence or misconduct on the part of coaches and physical education teachers who fail to ensure children follow proper safety protocols. Examples of these include the following: Using well-maintained equipment Warming up thoroughly before engaging in physical activity Wearing protective gear According to a study published by UC Davis Health , an estimated 3.5 million school children aged 14 and under in New York and across the country are treated for sports-related injuries each year. Around 32% of those injuries result in skin wounds, 29.7% result in muscle injuries, 28.6% result in joint sprains, and 5% result in fractures, according to a separate NIH study . Ligament injuries and dislocations account for 3.5% and 1.2% of sports-related school injuries, respectively. Approximately 40% of these injuries are severe enough to require hospitalization. School Zone Injuries Studies show that injuries in school zones, the designated areas near schools with reduced speed limits during specific times of the day, are common during school pickups and drop-offs. Of course, that's not entirely surprising when you consider that these are the times of day when students, school buses, bicyclists, and passenger vehicles all share the road. Statistically speaking, 57% more traffic crashes and 25% more injuries occur per mile in school zones than in non-school zones. Most of these accidents and related injuries stem from distracted driving, speeding, failing to yield, and inadequate or poor school zone design. School zone injuries can range from minor scrapes and bruises to severe injuries, such as fractures and traumatic brain injuries (TBIs). Fatalities and mental health problems are also sometimes associated with school zone accidents and injuries. What To Do if a Child Is Injured at School Whether it be in a classroom, on a playground, in a cafeteria, in hallways, on a PE field, or anywhere else, physical injuries and, in some cases, psychological injuries do occur in schools across New York. Fortunately, New York State school laws provide legal recourse to parents of children injured on school grounds, in school zones, or on school buses while being transported to or from school. That legal recourse includes the right to sue individual schools or the entire school district . But the process is not the easiest. For that reason, the first thing a parent should do, after ensuring their child receives the care they need, is to hire a personal injury attorney well-versed in school injury cases. An attorney will ensure the case meets the criteria necessary to file a lawsuit against a school. The first is proving the school breached its duty of care. That means showing the school failed to keep the child safe or had procedures in place that caused the child harm. The second is proving the child suffered damages due to the school breaching its duty of care. Finally, a Notice of Claim, a formal letter stating the intent to seek damages for an injury or loss, must be filed with the relevant municipality or agency. Personal Injury Against Schools: The Steps Involved in Filing a Personal Injury Lawsuit Against a New York School After submitting a Notice of Claim, the next step in filing a personal injury lawsuit against a New York school is a 50-H Hearing. During the hearing, the attorney for the parent and their injured child explains the case against the school blamed for their child's injury. The hearing also allows the named school to request an independent examination of the child's injuries, if necessary, and make a settlement offer. If settling is not an option or a settlement agreement can't be reached, the attorney for the parent of the injured child can move forward with filing a personal injury lawsuit and arguing the case before a New York court. If the court finds that the school was liable for the child's injury, the court will award damages to the parent on behalf of the injured child. Is There a Statute of Limitations for Filing a Personal Injury Lawsuit Against a New York School? While the time limit to file a personal injury lawsuit is generally three years, it is much shorter when filing a personal injury lawsuit against a New York school. According to Section 217-a of the Civil Practice Law and Rules of New York State (C.P.L.R. § 217-a), the statute of limitations to file a personal injury lawsuit against a New York school or school district is one year and 90 days from the date of a child's injuries. What Kind of Compensation Can Parents Recover if Their Child Suffers an Injury in a New York School? When a child suffers an injury due to the negligence of their school, parents can claim a wide range of damages in a personal injury lawsuit. Those damages can be economic or noneconomic. Some of the economic ones commonly claimed in a personal injury lawsuit involving an injured child include monetary compensation for the following: Doctor visits and consultations Durable medical equipment (DME) Emergency room visits and ambulance fees Hospital stays and surgeries Lost wages for parents or guardians Ongoing treatment and long-term care Prescription medications Rehabilitation, physical therapy, occupational therapy Compensation for economic damages involves calculating expenses incurred as a result of a child's injuries. Therefore, parents must keep detailed records of any expenses they incurred as a result of their child's injury. That includes receipts or invoices related to copays for doctor visits, prescription and over-the-counter medications, transportation costs, and employer statements or letters confirming missed workdays. Replacement or repair costs for damaged property, such as smartphones, eyeglasses, textbooks, and backpacks, should also be included. Noneconomic damages commonly claimed in personal injury lawsuits involving an injured child include compensation for physical pain and emotional suffering. To receive noneconomic damages, the attorney representing the parent and injured child must demonstrate the child's injury has or is causing emotional distress, loss of enjoyment of life, depression, anxiety, and other losses that can't be satisfied through economic damages alone.  Hire a Personal Injury Attorney Today If your child suffered an injury in a New York school, you are encouraged to speak with a personal injury attorney who can help you and your child receive the compensation you both deserve.

When public schools cannot deliver children an effective and safe education, parents start to look elsewhere. That usually translates into looking out of district and even exploring private school options. These options tend to be more individualized, smaller, and have proven track records. Most private schools do not come without high costs, however. In certain instances, a school district can be legally obligated to fund a private school for your child. We at Gina DeCrescenzo, PC have done this countless times - forced districts to pay for private schools for families when their home district cannot provide the programming and services their child needs. Understanding a School District's Legal Obligation All school districts in New York have a legal responsibility to provide safe, inclusive, and effective learning environments where all students can receive a Free and Appropriate Public Education (FAPE). Where such responsibilities are not fulfilled, students suffer physically, emotionally, and academically. When Private School Is the Right Choice Pulling your child out of a public school system is not something that is taken lightly. It is usually the last option after everything else has failed. If the public system is unable to keep your child safe, happy, and learning, the right private school can be the game-changer. Keeping Records and Building a Case Prior to being able to force a New York school district to pay for a private school, documentation is key. Parents must document everything thoroughly, from incidents of bullying and being disregarded to lack of educational progress to instances of unprovided IEP services and unsatisfactory school responses. School administrators' emails, incident reports, doctor's assessments, and behavioral evaluations will all substantiate your request for reimbursement of tuition. You must demonstrate that the public school failed to provide for your child—and placing them in a private school was not just necessary but essential. Selecting the Right Private School For the school to qualify to get private school tuition reimbursement, the school needs to be a proper match for the child's individualized needs. You will need an expert witness - a doctor or other expert - to weigh in on the appropriateness of the private option. You will need to prove that the doctor endorses the school for this particular child and that the scientific research shows us that the school is likely to be effective. Then, once the child is in the school, the school has to produce. Progress monitoring and evidence of progress is key. Formal Withdrawal and Notice Giving the school district adequate notice is a necessary part of the process if you want them to pay for a private school. Parents are usually expected to provide at least 10 business days' notice before they can enroll their child in a private school. The letter must put the district on notice that the Parents intend to remove the child from the district and it must give the district one last ditch effort to right their wrongs before the Parents commit to the private school (either by signing a contract or paying for the school). This is an important step since it indicates that the family tried to work with the district to solve the issue before demanding reimbursement for private school expenses. Judges may reduce or deny tuition reimbursement for Parents who do not follow this crucial step. Legal Options for Reimbursement of Private Schooling Once you've completed your child's transfer, the next step is to formally seek tuition reimbursement from the school district through filing a due process complaint. Due Process Hearings For students with disabilities, the Individuals with Disabilities Education Act (IDEA) allows parents to request a due process hearing. In this hearing, the Judge would follow a three prong test to determine that tuition reimbursement is warranted: Prong I: Was the IEP appropriate/tailored to the child's needs/likely to produce progress commensurate with the child's potential? If not, Prong II: Is the private school appropriate/tailored to the child's needs/likely to produce progress commensurate with the child's potential? If so, Prong III: Do the equities weigh in the Parents' favor? Was the requisite ten day notice filed? Legal Negotiations and Settlement Occasionally, a New York school district will opt to sidestep the hearing process and settle the case. When there is strong evidence present, an attorney can frequently negotiate a reasonable settlement encompassing private school reimbursement without resorting to a full hearing. It can help a great deal at this point to have an experienced education lawyer. Being represented by a skilled, highly experienced attorney helps ensure your request for reimbursement of private school tuition is seriously considered. Why Legal Help Is Needed Asking for tuition reimbursement is scary, as you struggle to help your child get the education they deserve. At Gina DeCrescenzo, P.C., we strive to hold institutions accountable. We are familiar with both injury and education law, and we know what it will take to prevail on these challenging cases. Whether you're pursuing an alternative placement due to IEP reasons or a safety concern, we're here to assist you in demanding justice. Our lawyers are familiar with the intricacies of New York private school tuition reimbursement claims, and we take parents through each step of the process, from building evidence and issuing notices to negotiating with the districts. No parent should have to choose between their child's education and their own economic security. If a public school is not giving your child what your child needs to succeed, seeking tuition reimbursement is not just warranted, but it's also your right. If your child's needs have been denied, their safety compromised, or their IEP not met, you have a basis in law to request your district to pay for private school. By documenting the school's failures, selecting an appropriate private school, and working with experienced legal counsel, you can present a strong case for reimbursement of private school tuition. At Gina DeCrescenzo, P.C., we believe every child is entitled to the education and care they deserve. If you are considering private school reimbursement, call our office today. We are ready to assist you in building a better, safer, more successful tomorrow for your child.

Schools and school districts have ethical and legal obligations to provide safe environments for the students who pass through their doors. This also extends to other school-sponsored activities, like when your child takes a school-sponsored bus to school or is away from campus with a sports team. The bottom line is that your children should be adequately supervised, the facilities where they are should be safe, and policies should have been enacted that will protect them from foreseeable harm. If your school or district fails in its responsibilities, children may suffer injuries as a result, and that could negatively impact their educational, emotional and physical development. Schools are meant to be safe havens where children can learn, grow and thrive. Has misconduct or negligence resulted in your child getting injured at school? Gina DeCrescenzo, P.C. can help. We have earned a reputation for holding powerful institutions, such as school districts, accountable and will seek justice for what your child experienced because of this lack of care and consideration. What Happened? There are several potential scenarios that could have resulted in your child getting injured at school. Examples include slip-and-fall incidents, food poisoning, bullying, playground accidents, assaults by staff, a school bus crash and a sports-related injury that occurred as a result of negligence. What To Do if a Child Is Injured at School What are the steps that you should take if your child was injured at school or in a school-sponsored activity that took place elsewhere? Seek Medical Attention Before focusing on anything else, ensure that your child is safe, healthy and away from what caused the incident. As part of this process, have a healthcare professional evaluate them, taking note that some injuries may not be apparent but could still be serious. A concussion is an example, as are injuries related to your child's mental health. This may be the case if bullying or another source of trauma occurred. Note that not seeking treatment could result in your case being disqualified on procedural grounds or two weak to proceed. Consider Getting the Police Involved If the police have not been consulted and should be, contact them. If they do get involved, make sure to get a copy of the police report. Document Relevant Details Take photos of your child, particularly of any visible injuries, record the scene where the incident happened, take notes of all details, including relevant times and dates, and secure witnesses' contact information. Also keep records of all medical treatment, not only from the immediate aftermath of what happened, but in the days and weeks that follow as well. Notes should also be kept in reference to all relevant communication. When in doubt, document something. It is always best to have too much information rather than too little. Speak With the School or District If a report has been filed by the school or district in relation to your child, request a copy of that as well as details about any staff members who were involved in or witnessed it, at least their names. Additionally, if there is any security footage that caught the incident or anything related to it, request that footage. Ask What Will Change When speaking with officials, you should not only discuss what happened in connection with the incident, but you should also ask what is being done to ensure that those types of circumstances do not repeat, both related to your child and to the other children at that school and district. Keep detailed records of these interactions as well. Keep in mind that schools may need to undergo legal proceedings before being willing to make substantial changes to how things had been done prior to your child's incident. File a Notice of Claim Within 90 Days In most circumstances in New York State, you will need to file a Notice of Claim against your school or district within 90 days of the incident. This is essential as far as what to do if your child suffered an injury at school. Failing to do this could result in you having no legal standing to sue. After this has been handled, it might take some time, potentially years, in order for a lawsuit to be settled or go to trial, but none of that is likely if this initial timeline has not been met. Consult a Lawyer Dedicated to Children's Rights As soon as possible, consult a personal injury attorney who is dedicated to children's rights and has the experience and knowledge necessary to ensure that your school and district will be held accountable for any physical or mental harm that occurred. Gina DeCrescenzo, P.C. offers that. In fact, GDPC has garnered a tremendous track record in previous cases against the New York City Department of Education and many other districts throughout New York State. What Are Schools Liable For? A school has a duty of care for its students, and if that duty has been breached and your child was harmed as a result, the district should be liable. In addition, schools are required to provide adequate supervision, have responded in an appropriate manner if previously notified of dangerous circumstances, including bullying behavior, and ensure that proper safety protocols are in place. Note that schools will likely deny responsibility and shift blame, whether to your child or otherwise, which is one of the main reasons why you should secure legal representation as soon as you can. What Compensation Could Be Received? Your child's injuries could result in an award of damages. Damages can refer to costs that are directly connected with your child's injuries, such as medically related expenses. This is one of the reasons why detailed records of medical treatment should be kept, to ensure that you are reimbursed as fairly and completely as possible for that. Also, if your child's property was damaged or destroyed as a result of an incident, reimbursement could be awarded for that. Other examples of potential damages include your child now needing educational services or transportation that was not necessary before the incident. In addition, if you as a parent have lost wages while caring for your child or otherwise needed to sacrifice time related to this incident, you could be reimbursed for that as well. Other damages could be based on the physical pain and emotional suffering that your child experienced and may still be enduring. Terms related to this include "loss of enjoyment of life" and "emotional distress." Gina DeCrescenzo, P.C. There are numerous legal options that you can pursue if your kid was injured at school, and Gina DeCrescenzo, P.C. will make sure that all options that help your case are pursued. In fact, we have a particular focus on children's special education needs, so if you are looking for a special education attorney to represent you, GDPC will ensure that your child with disabilities receives the legal representation necessary. Regardless, we will ensure that all relevant steps are taken once you reach out to us and secure our services, which could involve a personal injury claim, a federal complaint, an administrative grievance, complaint, or claim, or a school transfer request. In addition, we will ensure that all legal deadlines are met, all evidence will be collected, any settlement negotiations will be done with maximum compensation in mind and we will be ready, willing and able to go to trial, if needed.

Gina DeCrescenzo and her team are widely recognized as one of the foremost authorities in special education law, particularly in the highly complex and evolving field of dyslexia litigation. Dyslexia litigation is unique in that many kids with dyslexia mask their deficits and overcompensate with their strengths. After all, many kids with dyslexia are not only of average intelligence, but are gifted! So the first thing you’ll hear from the district is that the child is smart and doing just fine. But what about the red flags? The inability to rhyme, the inability to read, the struggle with writing, the slow, laborious homework assignments that take their peers a fraction of the time to complete? What about the accumulation of deficit over time? The gap between the dyslexic child and their peers widening? The increased struggle as the curriculum gets harder? What about the child’s self esteem because they know that they are smart, but they struggle with basic reading? What about when this gifted child starts to hate school? We need to fight back. The districts know better. We need to hold them accountable. The scientific literature is clear and has been clear for decades. Children with dyslexia are very bright, but require specialized reading instruction that is structured, multi-sensory, and sequential. Known as the “Orton-Gillingham approach” it has been packaged over the years by doctors and teachers who have tried to make the instruction easier for teachers to implement. For example, we have the Wilson Program, PAF, Lindamood-Bell, Barton, Sonday and others. These programs have been peer-reviewed and they have been determined to be effective with dyslexic brains, BUT they must be implemented with fidelity. The instructor needs to be sufficiently trained and the instruction needs to be either 1:1 or within a small enough, homogenous group, that it follows the research. It also needs to be at a frequency and duration that shows results. This is precisely what Gina DeCrescenzo and her team need to get to the bottom of. What has the district been offering? What testing have they done to truly understand the intricacies of the child's deficits? And if the district is not providing a research-based method of instruction that has been proven effective through the science, we fight for something different, a highly credentialed reading specialist or even a full wrap-around program in a private school. For example, our firm has sent countless kids to Windward in NYC and Westchester, Windward’s summer program, The Kildonan School, The Forman School, John Cardinal O’Connor School, The Sterling School, and The Churchill School, among others. All paid for by the child's home district. With a steadfast commitment to securing the rights of students with learning disabilities, Gina has built a reputation for fearless advocacy, legal precision, and groundbreaking success in obtaining placements at premier schools specializing in dyslexia, including The Windward School and others. What It Takes to Win a Dyslexia Case Winning a dyslexia case—particularly in New York—requires more than simply identifying a learning disability. It demands a strategic, evidence-based approach that combines: Comprehensive evaluations: Demonstrating that the student has a specific learning disability in reading that has not been properly addressed by the district, despite intervention. Clear documentation of educational harm: Showing that the student has failed to make meaningful progress due to the district’s inadequate programming. Expert testimony and clinical support: Leveraging neuropsychological, educational, and language-based evaluations to build a compelling case. Deep knowledge of procedural safeguards under IDEA and Section 504. Proven litigation experience, including impartial hearings, appeals, and federal court actions. Gina and her team have successfully litigated and negotiated placements and tuition reimbursement for students at top-tier schools that specialize in dyslexia instruction, including but not limited to: The Windward School, https://www.thewindwardschool.org The Forman School, https://www.formanschool.org The Landmark School, https://explore.landmarkschool.org The Gow School, https://www.gow.org The John Cardinal O’Connor School, https://johncardinaloconnorschool.org The Eagle Hill School, https://www.eaglehill.school The Kildonan School The Churchill School, https://www.churchillschoolnyc.org The Sterling School, https://www.sterlingschool.com These victories not only changed the lives of individual students, but also set precedents for other families navigating similar battles. Gina’s work is grounded in a deep understanding of the science of reading, the legal intricacies of special education law, and the emotional impact these cases have on families. Whether your child needs science-backed tutoring for dyslexia or a private school, contact us without delay. All of the science emphasizes the need for early intervention.