Legal practice areas
in Rome and Utica NY

Edcuation Law - Antonowicz Group in Rome and Utica, New York
A quality education can determine our children's lifelong security and success. Our children are our most important responsibility and our greatest treasure. When your child with special needs isn't progressing in math or reading, there is a lot more at risk then the immediate impact. There can be lifelong consequences. You and your child have rights when:

  • a school district decides to take services away, or
  • doesn't follow your child's Individualized Education Program (IEP), or
  • a school district fails to provide an appropriate educational service, or
  • a school district refuses to examine or test your child to determine the need for special services or accommodation.

 
silver scale and books - Legal advocate in Rome. NY
 
A special education attorney can help with these concerns. Attorney, Peter W. Antonowicz, has been trained specifically in the proper prosecution of these legal issues at William and Mary Law School in Williamsburg, Virginia. If you think your child is not receiving an appropriate education, let us help. Contact us today for a consultation.
 
 
  • BY LAW YOUR CHILD IS ENTITLED TO APPROPRIATE PUBLIC EDUCATION UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
  • BY LAW YOU CAN FIGHT A SCHOOL DISTRICT DECISION THAT IS ADVERSE TO YOUR CHILD'S NEEDS AT A DUE PROCESS HEARING.

Under the Individuals with Disabilities Education Act (I.D.E.A.), your special needs child has a right to an 'Individualized Education Program' (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.

These 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.

A 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 written decision.
If 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 thereafter rendered.

If 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.

 
 
  • BY LAW YOUR CHILD IS ENTITLED TO NECESSARY ACCOMMODATIONS TO ENABLE ACCES RTO EDUCATION UNDER SECTION 504 OF THE REHABILITATION ACT OF 1973.
  • BY LAW YOU CAN FIGHT A SCHOOL DISTRICT DECISION FAILS TO PROVIDE NECESSARY ACCOMMODATIONS.

Section 504 of the Rehabilitation Act of 1973 is a federal statute that prohibits all recipients of federal funding from discriminating on the basis of a person's disability. All public schools, and even some private schools, are recipients of federal funding and must comply with this law. Section 504 applies to any student with a disability.

Your disabled child is entitled to a 504 Plan. A 504 Plan accommodates your child's physical, mental or cognitive limitations. It may also include services to address your child's specific needs. The 504 Plan, can include both special education and related services. We can help if:

  • you believe your child is not receiving appropriate services under Section 504, or
  • if the 504 Plan is not being followed.

Under these circumstances, you have the right to a due process hearing similar to those discussed above under IDEA. There is one big difference - Section 504 hearings are not appealed to the State Review Officer. All appeals must be taken directly to either New York State Supreme Court or U.S. District Court.
 
 
 
OTHER EDUCATION LAW AREAS
We can also help you with other education law issues including:
 
  • Representing teachers in disciplinary matters
  • Appeals to the commissioner of education
 
  • Challenging suspensions
  • Expulsions of students
 
If you have an education law-related issue, give our attorneys a call to discuss your options.
 
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