Shaping my child’s experience with special education in New York state

On Behalf of | Jan 18, 2023 | Education Law |

When your child is very young, you may not have any inkling that they will need special education or that they will be dealing with any type of learning disabilities. The good thing is that the American educational system has come a very long way when it comes to fulfilling the educational needs of children, no matter what challenges they may be facing. Their needs can be addressed.

In the past, in many cases, if a child needed special education, they were separated from their classmates and taught in a different physical environment. The modern view of special education is that it is a continuum of instruction that has been specially designed. That includes a variety of services and support so that the child who has a disability will have their needs met.

What can I expect from the educators if my child needs special education?

For a child who requires special education, the educators will create an Individualized Education Program, or IEP. The environment for the child will vary, depending on their needs. That means that they may be put into a separate classroom or they may remain in the classroom with the other students or the environment may be a combination of both.

The goal of the government, which provides these services for special education students is that they should be educated in the least restrictive environment, or LRE. That means that the child with disabilities should be taught with classmates without disabilities to the greatest extent possible. It all depends on the severity of the disability.

What happens if my child is in a special education program but it is not going well?

Even if your child is learning in a special education program, if, at any point, you are not comfortable with your child’s experience, you have the right to discontinue the program. Once you have made that decision, your child’s case will be sealed. However, if the Department of Education (DOE) requests that your child be evaluated, you can’t ignore that request because the DOE can evaluate your child without your consent. It is most appropriate for you to respond if you get any sort of communication from the DOE.

Seeking legal counsel from a New York special education attorney

If you are having an issue regarding your child’s special education needs and you don’t agree with what is occurring in the school, the seasoned advice of an experienced New York special education attorney may make a tremendous difference to your child’s case. Your attorney can represent you and act as your child’s advocate when it comes to educational plans and educational litigation, if that becomes necessary. No matter what, you want your child to succeed in school and solid legal advice can help you to ensure that you and your child achieve that goal.