Know Your Rights and the Law
So You Can Be the
Best Advocate for
Your Special Needs Child
Presented By:
Sheryl Frishman, Esq.
© 2012
Why is the relationship between
the Parent & the School District so
adversarial?
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“The Special Education Battlefield”
“The War to Get Services for Children:
the Parents and the School Districts are
the Soldiers”
“Us Against Them”
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What are the Barriers to a
Cooperative Relationship?

Parents AND district not understanding their
legal obligations

Limited resources

“Turf Wars”

Coming to the table with preconceived or a
predetermined program or services
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HOW DO YOU BUILD A MORE
COOPERATIVE RELATIONSHIP?
Understand that there is a mutual goal: the
appropriate education of the child
 Shared responsibility in the education of the child
 Good Communication!
 BOTH parents and the school district need to
understand their legal rights and obligations under
the law

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You may have a relationship with your
school district for up to 21 years….
You do not want to start in an
adversarial fashion or it will be a more
difficult road.
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SPECIAL EDUCATION LAW 101
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IDEA

IDEA - Individuals with Disabilities Education Act

Federal special education law (cited as 20 U.S.C §§14001487 and 34 C.F.R Part 300)

The purpose of IDEA is “to ensure that all children with
disabilities have available to them a free appropriate public
education that emphasizes special education and related
services designed to meet their unique needs and prepare
them for further education, employment, and independent
living.”
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PART 200

Ed. L. & NYCRR - Article 89 of the NY State
Education Law & Part 200 of the commissioner of
education’s regulations

New York’s special education laws. These laws fully
take into account the Federal Law and also offer
more State specific rules and regulations.
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CHILD WITH A DISABILITY
Two tier test:
(a) a child with an intellectual disability, hearing impairments,
speech or language impairments, visual impairments, serious
emotional disturbance, orthopedic impairments, autism,
traumatic brain injury, other health impairments (includes ADD),
or specific learning disabilities (includes dyslexia)
(b) who, by reason of the disability, needs special education
and related services (emphasis added)
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SECTION 504

504 - Section 504 of the Rehabilitation Act of
1973

A civil rights law that: (a) protects individuals from
discrimination; and (b) entitles children with disabilities that
limit a major life activity, such as learning, to a free
appropriate public education designed to meet their
individual educational needs as adequately as the needs of
children without disabilities are met.

504 provides fewer protections than IDEA .

There is no requirement that a §504 Plan be written.
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NCLB

No Child Left Behind – reauthorized a number of
federal programs aiming to improve the
performance of U.S. primary & secondary schools

Schools must implement NCLB standards in order
to receive certain federal funding

Main Components:




Teacher Quality
Student Testing
Scientifically Based Research
Public School Choice
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DASA and Bullying

Research shows that students with disabilities are particularly
vulnerable to harassment and bullying. Bullying can cause
educational decline, anxiety, physical ailments and missed
classes.

A new tool and mandate exists to prevent and address student
bullying and harassment. The Dignity for All Students Act
prohibits harassment and bullying based on disability and
other characteristics.

To implement the law, each school must appoint a Dignity Act
Coordinator. If your child is the victim of bullying, do not delay
in reporting this.
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FAPE

Free Appropriate Public Education

Special education and related services that are
 (a) provided in an Individualized Education Program (IEP)
 (b) designed to meet the unique needs of a child with a
disability
 (c) meet state standards
 (d) are provided at public expense
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LRE

Least Restrictive Environment

To the maximum extent appropriate, children with
disabilities should be educated with children who are not
disabled

Placement in special classes or removal from the regular
education setting occurs only when the disability is so
severe that satisfactory education cannot be achieved in
regular classes with the use of supplementary supports

Special education setting must be as close as possible to
the students local school.
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EI
Early Intervention:
 Children age 0-3
 Run through Department of Health
 Focus on development and family
 To be eligible child must have a 33% delay in one area or 25% delay in
two or more areas of development (cognitive, adaptive,
communication, physical, social emotional)
IFSP



Individual Family Service Plan
For Early Intervention Only
Based on child development needs and family needs, not school needs
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CPSE

Committee on Preschool Special Education

The CPSE determines whether a child is eligible for services
from ages 3-5

Focus changes from whole child/family centered to child’s
ability to succeed in school.

Classified as a “preschooler with a disability”

Services based on school calendar not necessarily eligible for
summer services

Parents are dealing directly with the school district
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CSE
Committee on Special Education

Ages 5-21
Who is on the CSE/CPSE committee?
Comprised of the parents of the child, a regular education teacher of
the child, a special education teacher of the child, a representative of
the school district (CSE Chair), the child (when appropriate), the
school psychologist (New York law) and a parent member.
•
All members of the CSE must participate in meetings. However, the
parents of the child can decline participation of the parent member.
•
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EVALUATIONS!






What?
When?
Who?
Do You Understand?
Ask Questions!
Right to Independent Evaluations
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IEP

Individualized Education Program

A written statement for a child with a disability that
describes special education programming and related
services designed to meet the unique needs of the child.

The IEP must include:
 a statement of the child’s present levels of academic
achievement and functional progress
 measurable annual goals that are designed to enable the
child to make progress in the general education
curriculum
 a description of how the child’s progress will be measured
 measurable post-secondary school goals
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Purpose of An IEP

Foundation or blue print for the student’s program

Too to measure success of the program and services

Tool for monitoring accountability

Clarifies resources to be committed

Provides consistency

Communication tool for teachers & parents to understand the
unique needs of the child

Allows for mutual decision-making by parents and team members
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Guidelines for Writing an IEP






Make it specific
Needs to be understood by anyone who reads it
Make it a useful tool
Needs to be objective
Make it comprehensive, yet concise
Needs to reflect the student’s strengths as well as
areas of disability
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PLOP

Present Level of Performance

Statement of student’s present levels of
performance in four areas: Academic, Social,
Physical Development, and Management

How disability affects involvement in the general
curriculum or, for preschool, how it affects
participation in age appropriate activities
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GOALS



There should be at least one annual goal for each
need identified
For students who qualify for the alternate
assessment, short-term objectives or benchmarks
to comprise each annual goal must also be
developed
Goals must be meaningful and should be different
yearly
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SPECIAL EDUCATION PROGRAM

Can include:
 Special classes
 Resource rooms
 Direct or indirect consultant teacher services
 Travel training
 Home instruction
 Special teachers including itinerant teachers
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Related Services

Developmental, corrective and other supportive
services required to assist a student with a
disability. This is in addition to the special
education program. Can be done individually or in
a group.

Examples of related services: speech & language
pathology, audiology services, psychological
services, physical therapy, counseling services,
parent counseling and training, school health
services, etc.
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Program Modifications

Supplementary aids and services and/or program
modifications or supports are aids, services and
other supports that are provided in general
education classes or other education-related
settings to enable students with disabilities to be
educated with non-disabled peers in the LRE.
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Assistive Technology

Any item, piece of equipment or product system,
whether acquired commercially off the shelf,
modified or customized, that is used to increase,
maintain or improve the functional capabilities of a
student with a disability

Should include training

Can student take it home?
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Transition
What are transition services?

Transition services refers to a coordinated set of activities for a
child with a disability that focuses on “improving the academic
and functional achievement of the child with a disability to
facilitate the child’s movement from post-school activities.

Post-secondary school activities include: post-secondary
education, vocational education, integrated employment
(including supported employment), continuing/adult education,
adult services, independent living, or community participation.

IEP must include transition goals that are based on the
student's needs, taking into account the student’s strengths,
interests and preferences and should be person-centered.
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Transition (cont)

Transition services include:
“instruction, related services, community experiences, development of
employment and other post-school adult living objectives and, when
appropriate, acquisition of daily living skills and functional vocational
evaluation”

Transition process begins with the IEP year that the student turns
fifteen but parents should be familiar with the transition process prior
to that

Student should be included, where appropriate

Consider including local agencies in transition planning; local agencies
can also provide services and training

Consider opportunities in the community
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SUMMER SERVICES?
Regression?
Maintenance
Only!
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NOW WHERE SHALL THESE
SERVICES BE PROVIDED?
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Preparing for the CSE Meeting
DO NOT WAIT UNTIL THE
MEETING TO DEVELOP
THE IEP & GOALS!
Review all evaluations and progress reports with team members
Develop goals collaboratively
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WHAT TO DO BEFORE THE MEETING







Create a vision statement (long-range) for your child
Keep in mind educational outcomes necessary for the vision to
become a reality
Create a list of your child’s strengths, interests and needs –
use evaluations and progress reports for this
Come up with your own suggestions for the IEP – maybe a
parent report
If possible, get draft goals to review prior to the meeting
Fill out the sample IEP form found on the VESID website
Prepare yourself mentally, organize your thoughts, and create
an agenda.
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What Are Your Roles During the Meeting ?
▪The Parent
▪The Listener
▪The Questioner
▪The Active Team Member
▪The Creative Thinker
▪The Advocate
If you do not feel comfortable with any of the
above roles, then you may want to bring
someone to the meeting with you!
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After the Meeting

Thank everyone for their time and effort

Ask to see a draft of the IEP before it is finalized

Write a letter confirming what occurred during the
meeting
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Do You Understand Your Child’s IEP?
A Checklist

Are there clear statements about what my child can do right
now in various areas?

Do these statements of what my child can do agree with my
own observations?

Is what my child is supposed to accomplish by the end of
the year clearly stated?

Do I think these skills are important for my child to work on?
Are the expectations reasonable?
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Checklist Continued…

Do I understand how learning is going to be measured and
how well my child must perform each task?

Have my ideas about what is important been considered in
the development of the program?

Do I know the specific educational services that will be
provided?

Do I know how much time my child will participate in the
regular education program?
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Checklist Continued…

Do I know when the program will begin and how long it will
last?

Are there things that I can do as a parent to help my child
succeed in the program?

How often will progress be reported to me?

Are there opportunities throughout the year for the team
(including the parent) to meet?
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WHAT HAPPENS IF YOU DON’T
AGREE?
YES
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NO
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THE IMPARTIAL HEARING
Appeal to Court
State Review
The Hearing
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STAY PUT

Pendency / “Stay Put”

During a due process hearing and appeals,
the child must remain (“stay put”) in the
current educational placement as per the
last agreed upon IEP

There are some exceptions to this
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Is There Any Other Way Rather Than
the Hearing?

Mediation

New York State Education Department
Complaint
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Outside of the School District, Is
There Anywhere Else I Can Get
Services for My Child?



Private Insurance
OPWDD
Medicaid Waiver
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OSE

http://www.p12.nysed.gov/specialed

Office of Special Education of the New York State
Dept of Education

The best resource out there!
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QUESTIONS?
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Sheryl R. Frishman, Esq.
(914) 898 - 2106
sfrishman@littmankrooks.com
Special Education Advocacy from Birth through Age 22
Advocacy for School Accommodations & Modifications
Transition Planning & Advocacy
School Discipline Matters
Estate Planning, Supplemental Needs Trusts and Guardianships
399 Knollwood Rd ▪ White Plains, NY 10603 ▪ P 914.684.2100 ▪ F 914.684.98
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Disclaimer
This Handout/Presentation may not be
reproduced without the express prior permission of
Sheryl R. Frishman, Esq.
Nothing in this handout should be construed as
legal advice.
Please consult with your own attorney before
relying on the information contained herein
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