Education Law

Representation of Students with Disabilities

As a parent, we want nothing more than to see our child excel. However, when our child begins to experience difficulties in school it can impact on his or her self-esteem.

The education of a child with a disability is governed by the federal Individual with Disabilities Education Act (IDEA), which affords all eligible children with disabilities the right to a free appropriate public education (FAPE) in the least restrictive environment. If your child attends school in New York State, article 89 of the New York State Education Law and part 200 of the commissioner’s regulations, also serve as the main mechanism for implementing IDEA requirements within the State. If your child meets the definition of a child with a disability, he or she is entitled to special education or related services. Children who do not meet the classification criteria contained in the IDEA or commissioner’s regulations, may still be entitled to services pursuant to section 504 of the Rehabilitation Act of 1973 and the American with Disabilities Act (ADA).

As a mother to a child who required speech and occupational therapy, I know that it is crucial that as parents we know and understand our rights so our children receive the appropriate program and services.

Our firm can be an advocate for you and your child in the following education law matters:

  • Special Education Eligibility, Classification, Programs and Related Services
  • Section 504 Eligibility
  • Impartial hearings

Student Discipline

If your child is facing suspension or expulsion from school, New York law requires that you and your child have an opportunity for a hearing. Further, if your child is a student with a disability, the law affords your child additional protections before he or she can be removed from school. Our firm handles student disciplinary matters including negotiating disciplinary agreements, suspension hearings, and school board appeals. If you or someone you know would like to learn more or require legal representation on an education law issue, please contact our firm to schedule an appointment.