LAW YOUR CHILD IS ENTITLED TO APPROPRIATE PUBLIC EDUCATION UNDER THE
INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
LAW YOU CAN FIGHT A SCHOOL DISTRICT DECISION THAT IS ADVERSE TO YOUR
CHILD'S NEEDS AT A DUE PROCESS HEARING.
the Individuals with Disabilities Education Act (I.D.E.A.), your
special needs child has a right to an 'Individualized Education
Program, also called the IEP. The IEP is designed to provide your
child with a FREE and APPROPRIATE PUBLIC EDUCATION (FAPE). You have
the right to challenge the district at a due process hearing if the
school district denies your child a FAPE.
legal proceedings enable you to challenge the manner, extent, and
accuracy of the school district's evaluation, classification, program
and placement and/or implementation of services for your child. At a
due process hearing, an impartial hearing officer (IHO) is appointed
to hear both sides of the dispute.
due process hearing is similar to a court proceeding. Each side
presents evidence and sworn testimony and written legal briefs
arguing the facts and the law. The hearing officer then makes a
either party disagrees with the decision, an appeal can be taken to
the appropriate agency within New Yok State government which will
conduct a state-level administrative review. An appellate decision is
neither party chooses to appeal further, the decision is final.
However, a civil action in either New York State Supreme Court or
U.S. District Court is available for further review if either side
remains in disagreement.