Information

The Individuals with Disabilities Education Act

A state receiving federal funds under the Individuals with Disabilities Education Act (“IDEA”) must provide disabled children with a free and appropriate public education (“FAPE”). Cerra v. Pawling Cent. Sch. Dist., 427 F.3d 186, 192 (2d Cir. 2005). To ensure that qualifying children receive a FAPE, a school district must create an individualized education program (“IEP”) for each such child. See 20 U.S.C. § 1414(d); Murphy v. Arlington Cent. Sch. Dist. Bd. of Educ., 297 F.3d 195, 197 (2d Cir. 2002) (describing the IEP as the “centerpiece” of the IDEA system). The IEP is “a written statement that 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 services that will enable the child to meet those objectives.” D.D. ex rel. V.D. v. N.Y.C. Bd. Of Educ., 465 F.3d 503, 507-08 (2d Cir. 2006) (internal quotation marks omitted). The IDEA requires that an IEP be “reasonably calculated to enable the child to receive educational benefits.” Bd. of Educ. v. Rowley, 458 U.S. 176, 207 (1982). R.E. v. New York City Dep’t of Educ., 694 F.3d 167 (2d Cir. 2012).

In New York, the state has assigned responsibility for developing IEPs to local Committees on Special Education (“CSE”). N.Y. Educ. Law § 4402(1)(b)(1); Walczak v. Fla. Union Free Sch. Dist., 142 F.3d 119, 123 (2d Cir. 1998). CSEs are comprised of members appointed by the local school district’s board of education, and must include the student’s parent(s), a regular or special education teacher, a school board representative, a parent representative, and others. N.Y. Educ. Law § 4402(1)(b)(1)(a). The CSE must examine the student’s level of achievement and specific needs and determine an appropriate educational program. Gagliardo v. Arlington Cent. Sch. Dist., 489 F.3d 105, 107-08 (2d Cir. 2007).

If a parent believes that his child’s IEP does not comply with the IDEA, the parent may file a “due process complaint” (a type of administrative challenge unrelated to the concept of constitutional due process) with the appropriate state agency. 20 U.S.C. § 1415(b)(6). In such cases, the IDEA mandates that states provide “impartial due process hearings” before impartial hearing officers (“IHO”). Id. § 1415(f). Under New York’s administrative system, the parties first pursue their claim in a hearing before an IHO. N.Y. Educ. Law § 4404(1). Either party may then appeal the case to the state review officer (“SRO”), who may affirm or modify the IHO’s order. Id. § 4404(2). Either party may then bring a civil action in state or federal court to review the SRO’s decision. 20 U.S.C. § 1415(i)(2)(A). See, R.E., 694 F.3d 167 (2d Cir. 2012).

Understanding New York State Special Education Laws

Special education laws play a crucial role in ensuring that students with disabilities receive a FAPE tailored to their individual needs. These laws provide the foundation for inclusive education and protect the rights of students to access the resources and support necessary for their success. In New York State, several key pieces of legislation and procedural safeguards are in place to uphold these principles.

Understanding and adhering to special education laws is essential for ensuring that students with disabilities receive the education and support they deserve. In New York State, a comprehensive framework of legislation, procedural safeguards, and resources is in place to uphold the rights of these students. Continued advocacy and involvement from families, educators, and communities are vital in fostering inclusive and supportive educational environments where all students can thrive. Below are some key concepts to understand to better advocate for your child.

Key Legislation. Central to special education law is the IDEA, a federal law that mandates services for children with disabilities. (See above for more information). New York State adheres to IDEA’s requirements, ensuring that students with disabilities receive individualized support and accommodations. Alongside IDEA, Section 504 of the Rehabilitation Act prohibits discrimination based on disability in programs receiving federal funding. The Americans with Disabilities Act (“ADA”) further extends civil rights protections to individuals with disabilities, ensuring non-discrimination in all areas of public life, including education.

Eligibility and Evaluation. Determining eligibility for special education services involves specific criteria and thorough evaluation procedures. As mentioned above, in New York, the CSE plays a vital role in this process. The CSE conducts evaluations to assess a student’s needs and determines eligibility based on the results. Regular re-evaluations ensure that the student’s educational plan remains relevant and effective.

Individualized Education Program (“IEP”). The cornerstone of special education services is the IEP, which is a detailed document outlining a student’s present levels of performance, measurable annual goals, specific services, accommodations, and any necessary modifications. Developing an IEP involves collaboration among educators, parents, and specialists to create a plan tailored to the student’s unique needs. Parental involvement is critical throughout the process, ensuring that the IEP reflects the family’s input and priorities.

Services and Supports. New York State offers a variety of services and supports to meet the diverse needs of students with disabilities. These can include speech therapy, occupational therapy, counseling, and other related services. Supplementary aids and services, such as assistive technology or classroom aides, help students access the general education curriculum. For some students, extended school year (“ESY”) services are necessary to prevent regression during breaks.

Least Restrictive Environment (“LRE”). A fundamental principle of special education law is the requirement to educate students with disabilities in the LRE. This means that, whenever appropriate, students should learn alongside their non-disabled peers. The LRE principle promotes inclusion and ensures that students with disabilities participate in the general education environment to the maximum extent appropriate. A continuum of alternative placements is available to meet varying needs.

Disciplinary Procedures. Students with disabilities are afforded specific protections in disciplinary situations. When disciplinary actions are considered, a manifestation determination review (“MDR”) is conducted to determine if the behavior in question is linked to the student’s disability. This process ensures that students are not unfairly punished for behaviors related to their disability. There are also procedures for handling suspensions and expulsions, emphasizing the importance of maintaining educational continuity.

Parental Rights and Involvement. Parents play a crucial role in the special education process. Procedural safeguards protect their rights, ensuring that they are informed and involved in all decisions regarding their child’s education. Parents have the right to access educational records, participate in meetings, and seek mediation or due process hearings if disagreements arise. These safeguards foster collaboration and transparency between families and schools.

Transition Services. Planning for a student’s transition from school to post-school activities is an essential aspect of special education. Beginning at age 15, the IEP must include transition goals and services to prepare students for life after high school. This planning addresses various post-secondary options, including higher education, vocational training, employment, and independent living.

Dispute Resolution. When conflicts or disagreements occur, there are several options for resolving disputes. Mediation, impartial hearings, and state complaints provide avenues for addressing concerns and ensuring that students receive appropriate services. Impartial hearing officers (IHOs) play a critical role in adjudicating these disputes, providing an unbiased perspective to resolve conflicts.

Recent Updates and Changes. Special education laws are continually evolving to better serve students and their families. Recent amendments and updates in New York State reflect ongoing efforts to improve educational outcomes and ensure compliance with federal regulations. Staying informed about these changes is essential for parents, educators, and advocates.

Resources and Support. New York State offers numerous resources and support services for families and educators. State and local agencies provide guidance and assistance, while advocacy organizations and support groups offer additional help. Educational resources and training opportunities empower parents and educators to navigate the special education system effectively.

KEY TERMS

The first step to navigating the world of special education is understanding some of the commonly used terms.

Academic Intervention Services (“AIS”). Additional instructional services designed to help students meet state learning standards. AIS is provided to students who are at risk of falling behind in their academic progress.

Applied Behavioral Analysis (“ABA”). A therapy based on the science of learning and behavior. ABA helps improve specific behaviors such as social skills, communication, reading, and academics, and is commonly used for individuals with autism.

Assistive Technology (“AT”). Devices or software used to increase, maintain, or improve the functional capabilities of students with disabilities. Examples include speech-to-text software, communication boards, and adaptive keyboards.

Behavioral Intervention Plan (“BIP”). A plan that uses positive behavioral interventions and supports to address behaviors that impede learning. A BIP is often based on the results of a Functional Behavioral Assessment (“FBA”).

Board Certified Behavior Analyst (“BCBA”). A certification for practitioners who provide behavior-analytic services. BCBAs are qualified to design and implement ABA programs.

Committee on Special Education (“CSE”). A team responsible for determining a child’s eligibility for special education services and developing, reviewing, and revising the Individualized Education Program (“IEP”) for students aged 5-21.

Compensatory Education (“Comp Ed”). Educational services provided to a student to make up for services not provided during a period in which the student’s rights were violated.

Committee on Preschool Special Education (“CPSE”). A team responsible for evaluating children aged 3-5 and determining eligibility for preschool special education services, as well as developing their Individualized Education Services Program (“IESP”).

Due Process Complaint (“DPC”). A formal written complaint filed by parents or guardians regarding disputes related to the identification, evaluation, educational placement, or provision of FAPE.

Extended School Year (“ESY”). Special education services provided beyond the regular school year to prevent regression of skills during breaks.

Free Appropriate Public Education (“FAPE”). An educational right for children with disabilities under IDEA, ensuring they receive special education and related services at no cost to the family.

Functional Behavioral Assessment (“FBA”). An assessment process that identifies the underlying causes or functions of behaviors that impede learning, which is used to develop effective intervention strategies.

Individuals with Disabilities Education Act (“IDEA”). A federal law ensuring services to children with disabilities throughout the nation, guaranteeing special education and related services.

Impartial Hearing Officer (“IHO”). An independent individual who conducts due process hearings related to disputes in special education, making determinations based on presented evidence.

Independent Educational Evaluation (“IEE”). An evaluation conducted by a qualified examiner who is not employed by the school district responsible for the education of the child, which parents can request at public expense if they disagree with the school’s evaluation.

Individualized Education Services Program (“IESP”). A document similar to an IEP, developed for preschool-aged children eligible for special education services, outlining the specific services the child will receive.

Individualized Education Program (“IEP”). A legally binding document developed for each public school child eligible for special education, outlining specific educational goals, services, accommodations, and how progress will be measured.

Least Restrictive Environment (“LRE”). The requirement to educate students with disabilities alongside their non-disabled peers to the maximum extent appropriate.

Prior Written Notice (“PWN”). A written notice that must be provided to parents before the school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE.

Related Services Authorization (“RSA”). Authorization for services required to assist a child with a disability to benefit from special education, such as speech therapy, occupational therapy, or counseling.

School Location Letter (“SLL”). A letter informing parents of the specific school and location where their child will receive special education services.

Special Education Teacher Support Services (“SETSS”). Services provided by a special education teacher to support students with disabilities, either in the general education classroom or in a separate setting.

State Review Office (“SRO”). The office that reviews decisions made by impartial hearing officers when those decisions are appealed, ensuring compliance with state and federal laws.

Supplementary Aids and Services. Supports provided in general education classes and other settings to enable students with disabilities to be educated with non-disabled peers to the maximum extent appropriate.

Ten-Day Notice (“TDN”). A notice that parents must provide to the school district at least ten business days before placing their child in a private school at public expense, indicating their intention and the reasons for doing so.

Transition Services. A coordinated set of activities designed to prepare students with disabilities for post-secondary life, including education, employment, and independent living, beginning no later than age 16 (or younger, if appropriate).

CLASSIFICATIONS

According to 8 NYCRR Part 200.1(zz), a student with a disability means a student with a disability as defined in Section 4401(1) of the Education Law, who has not attained the age of 21 prior to September 1st and who is entitled to attend public schools pursuant to Section 3202 of the Education Law and who, because of mental, physical or emotional reasons, has been identified as having a disability and who requires special services and programs approved by the department. The terms used in this definition are defined as follows:

(1) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age 3, that adversely affects a student’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term does not apply if a student's educational performance is adversely affected primarily because the student has an emotional disturbance as defined in paragraph (4) of this subdivision. A student who manifests the characteristics of autism after age 3 could be diagnosed as having autism if the criteria in this paragraph are otherwise satisfied.
(2) Deafness means a hearing impairment that is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a student’s educational performance.
(3) Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for students with deafness or students with blindness.
(4) Emotional disability means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a student’s educational performance: (i) an inability to learn that cannot be explained by intellectual, sensory, or health factors. (ii) an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; (iii) inappropriate types of behavior or feelings under normal circumstances; 15 200.1 (iv) a generally pervasive mood of unhappiness or depression; or (v) a tendency to develop physical symptoms or fears associated with personal or school problems. The term includes schizophrenia. The term does not apply to students who are socially maladjusted, unless it is determined that they have an emotional disturbance.
(5) Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects the child's educational performance but that is not included under the definition of deafness in this section.
(6) Learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which manifests itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, as determined in accordance with section 200.4(j) of this Part. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing or motor disabilities, of an intellectual disability, of emotional disturbance, or of environmental, cultural or economic disadvantage.
(7) Intellectual disability means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a student’s educational performance.
(8) Multiple disabilities means concomitant impairments (such as intellectual disability-blindness, intellectual disability-orthopedic impairment, etc.), the combination of which cause such severe educational needs that they cannot be accommodated in a special education program solely for one of the impairments. The term does not include deaf-blindness.
(9) Orthopedic impairment means a severe orthopedic impairment that adversely affects a student's educational performance. The term includes impairments caused by congenital anomaly (e.g., clubfoot, absence of some member, etc.), impairments caused by disease (e.g., poliomyelitis, bone tuberculosis, etc.), and impairments from other causes (e.g., cerebral palsy, amputation, and fractures or burns which cause contractures).
(10) Other health-impairment means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems, including but not limited to a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, diabetes, attention deficit disorder or attention deficit hyperactivity disorder or Tourette syndrome, which adversely affects a student's educational performance.
(11) Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment or a voice impairment, that adversely affects a student's educational performance.
(12) Traumatic brain injury means an acquired injury to the brain caused by an external physical force or by certain medical conditions such as stroke, encephalitis, aneurysm, anoxia or brain tumors with resulting impairments that adversely affect educational performance. The term includes open or closed head injuries or brain injuries from certain medical conditions resulting in mild, moderate or severe impairments in one or more areas, including cognition, language, memory, attention, reasoning, abstract thinking, judgement, problem solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing, and speech. The term does not include injuries that are congenital or caused by birth trauma.
(13) Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects a student's educational performance. The term includes both partial sight and blindness.