Your child may benefit from a Section 504 Accommodation Plan if he or she has a mental or physical impairment that substantially limits one or more major life activities but he or she does not qualify for special education services. You can read more about Section 504 Plans and the advocacy we provide for parents and students in obtaining a Section 504 Plan here.
A free appropriate public education is one with educational instruction “designed to meet the unique needs” of a special needs child and includes services necessary for the child to “benefit from the instruction.” An appropriate education, is not one that provides everything that might be thought desirable by a loving parent.
A school district demonstrates FAPE by showing that it complied with the procedural requirements set forth in the IDEA and that the individualized education program (IEP) developed by a child’s committee on special education (CSE) is reasonably calculated to enable The Student to receive educational benefits in an environment that is least restrictive (LRE) includes non-disabled peers. 20 U.S.C. §§1414(d) and 1401(9)(D); 34 CFR §§300.13 and 300.347.
Extended School Year (ESY) services are special education and related services provided beyond the normal school year to a child with a disability. Services are generally made available for four to five weeks of the summer, July through August, for approximately four to five hours per day. The teacher must be qualified to teach special education and should understand the child’s IEP program goals.
Not all students have the right to ESY services. To qualify, a child with a disability must lose two-thirds of the skills they learned during the school year (usually based upon progress toward IEP goals) and take between 20 and 40 school days of the next school year to regain those skills (“substantial regression”). A guideline for determining eligibility for ESY is a necessary review period of eight weeks or more for the student to regain skills learned in the previous year. Students who typically receive ESY services have more severe disabilities with self-contained education programs. The IEP must specifically state ESY “yes” for the services to be provided.
For more information on ESYs, contact the Law Office and check out our blog post here:
Behavioral Intervention Plans (BIPs) should be considered when:
BIPs are for special needs students with a classified disability and are one of many tools you, as a parent, will want to use to build a cooperative and supportive school environment where your child has the best opportunity to fulfill on his or her education goals. Read our blog to find out what to do next: https://veronicareed2.tumblr.com/post/149839566304/does-your-child-need-a-behavioral-intervention
An Independent Educational Evaluation (IEE) is an evaluation conducted by a third party professional and can be used by parents as a means of resolving a dispute with the school when they disagree with the school district's evaluation or the district failed to evaluate an area of suspected disability. When an IEE is requested, the school district must either agree and initiate the evaluation or initiate a due process hearing to show that its evaluation is appropriate.
An alternative to an IEE is asking the school district to conduct an evaluation with specific requests related to data collection, norm-referenced tests, or areas of testing, such executive functioning or behavior.
Parents are usually the first to notice that their child is not developing skills at the same pace as other similarly aged children. Parents know their child best and their first resources for answers should be a trusted pediatrician and a child’s teacher where parents can either be assured that everything is within expected development scales or given advice on getting further evaluations.
According to the National Center for Education Statistics (NCES), 6.4 million children age 3 to 12 were receiving special education services in 2012. Special education is individual or group instruction, services or programs specially designed to meet the needs of students with disabilities. Qualifying a child for special education is a process and the best outcomes are achieved when parents and schools work together to agree on goals and develop a program that helps the child fulfill on those goals.
At the Law Office of Veronica Reed, we ask all of our parents starting the journey to consider these questions:
For an overview of IEPs and the process in New York, check out our blog here. We also recommend the New York State Guide to Quality Individualized Education Program Development and Implementation
We are special education attorneys for children (IDEA Attorneys), representing families as part of the Committee on Special Education (CSE) to create and implement Individualized Education Programs (IEPs) and Section 504 Plans. We represent families in due process hearings and in mediation to remedy a school's failure to provide a Free Appropriate Public Education (FAPE) or to address a school's failure to properly place a student and provide necessary services and supports. We argue petitions and appeals before NY's Commissioner of Education on issues of special education services and private-placement. We advocate for students experiencing school refusal who may be denied education access. We are based on Schenectady and advocate for children attending public and private schools in the Albany Capital District. Contact us today for help.