Special Education Law

All children with special needs and/or disabilities have the right to a free and appropriate education. Unfortunately, receiving a free and appropriate education may be a struggle.

At the Law Office of Peter D. Hoffman, PC, located in South Salem, New York, we work with the laws concerning students, schools, child protective services, and parents. They can be complicated, but we can help you through the details involved in special education law.

Our firm has successfully assisted families in placing their children in special education school district programs and therapeutic private school programs that can serve the needs of special education students at the expense of the district.

Moreover, we can help you try to obtain attorneys’ fees when we have been successful in litigation.

With an office in South Salem, New York, we help families with special needs throughout Westchester County, Putnam County, Rockland County, Manhattan, and the Bronx in New York. Reach out to us today for more information.

What We Do

Our experienced lawyer has worked with families and their children over a wide range of educational and emotional disorders, including, but not limited to:

Our past experience allows us to work in a cooperative approach with school districts. Exploring all options, our goal is the placement of special needs children in therapeutic or special education schools at the expense of local districts.

While we fight to protect and assert children’s rights to access an appropriate education, we can also help you with all other legal concerns tied to special education law.

Working With Special Education Experts

Focused on special education law and related matters, we have developed a wide range of resources that allows us to handle the most difficult cases. We can refer you to a full range of special education professionals to help in this comprehensive process, including:

As a parent, it can be difficult to know when it’s the right time to bring in legal counsel. As a parent of a child with special education needs and/or disabilities, you are accustomed to acting as your child’s advocate, and you may feel that you can handle issues with the school on your own.

However, special education cases can quickly become complicated. Having a lawyer on your side can help you protect your child’s rights at every stage.

At the Law Office of Peter D. Hoffman, PC, in South Salem, New York, we help parents and children resolve special education issues and disputes. We are committed to providing you with the answers, support and advocacy you need.

When You May Need an Attorney

It may be beneficial to speak with an attorney about your situation if:

• The school is denying your child a special accommodation: If you know that your child needs specific accommodations and the school is refusing your request, an attorney can help you understand your options and take action.

• There is an IEP or 504 hearing: You have a right to bring representation to these hearings. An attorney can help you prepare and act as your advocate during the proceedings.

• The school district has brought in an attorney: When the school brings in their own legal counsel, it is important that you come to any meetings, negotiations and hearings equally prepared and represented.

• You have questions about the process: The school district has its own goals, and they may not provide you with clear answers about your rights and options. By having a lawyer on your side, you can get the answers you need from an individual with local experience handling these types of cases.

Whether during the development of an IEP or 504 plan or after the school has denied your child an accommodation, a special education lawyer can help you understand your rights and ensure your child gets the educational opportunities he or she needs.

Contact the Law Office of Peter D. Hoffman, PC, in Westchester County. You can also email our firm.

Signs Your Child Needs a Change

Recognizing when your child may need a change in their educational placement or support can be crucial for their development and success. Here are some signs that may indicate it’s time to consider a different approach or program:

• Academic struggles: Your child consistently fails to meet academic benchmarks or shows significant regression in their learning.

• Behavioral issues: Increased behavioral problems at school, such as frequent outbursts, refusal to participate, or withdrawal from activities.

• Lack of support: The current educational environment does not provide the necessary accommodations or services outlined in their Individualized Education Program (IEP) or 504 Plan.

• Emotional distress: Signs of anxiety, depression, or frustration regarding school can indicate that your child's needs are not being met adequately.

• Poor social interactions: Difficulty making or maintaining friendships, or trouble interacting appropriately with peers and teachers.

• Physical symptoms: Frequent complaints of headaches, stomachaches, or other ailments that could be stress-related and are impacting school attendance.

If you notice these signs, it may be beneficial to consult with educational professionals or legal counsel to explore alternative educational placements or additional support services for your child.

What to Expect During the Advocacy and Litigation Process

You deserve to know what happens next, especially when you've taken initiative by contacting special education lawyers. Here’s what you can generally expect throughout this journey:

1. Initial consultation: You will meet with us to discuss your child’s unique needs, any concerns you have, and the current situation involving their education. We will gather all necessary documentation and information.

2. Case evaluation: Our attorney will review your case in detail, providing you with a comprehensive understanding of your rights and options available under the law.

3. Strategy development: Together, we will develop a tailored strategy to advocate for your child's educational rights, whether through negotiation, mediation, or litigation.

4. Gathering evidence: We will assist in collecting relevant documents, evaluations from educational professionals, and other evidence required to support your case.

5. Communications with the school: Our firm will handle all communications with school officials to ensure your child’s rights are represented and negotiations proceed smoothly.

6. Negotiation and mediation: We will attempt to resolve the issue amicably through negotiations or mediation with the school district, aiming for a solution that meets your child's educational needs.

7. Preparation for hearings: If necessary, we will prepare you for IEP or 504 hearings, providing guidance on what to expect and how to present your case effectively.

8. Litigation process: If negotiations fail, our team will be fully prepared to represent you in court. This involves filing necessary legal documents, presenting the case, and advocating for your child’s rights in front of a judge.

9. Continuous support: Throughout the entire process, our firm will be there for you, providing updates, answering your questions, and ensuring that you feel supported every step of the way.

By maintaining open communication and a detailed approach, we aim to achieve the most favorable outcome for your child’s educational needs.

Special Education Law FAQs in New York

1. What is an IEP and how do I obtain one for my child?

An Individualized Education Program (IEP) is a legally binding document that outlines the special education and related services required to meet a child's unique educational needs. To obtain an IEP, parents should request an evaluation from the school district, which will determine whether the child qualifies for special education services based on specific criteria.

2. What is a 504 Plan and how does it differ from an IEP?

A Section 504 Plan provides accommodations and modifications to ensure students with disabilities have equal access to education. Unlike an IEP, a 504 Plan does not entail specialized instruction but rather focuses on removing barriers related to a student's disability.

3. Can parents challenge school decisions regarding their child's educational placement?

Yes, under New York law, parents have the right to challenge decisions made by the school regarding their child's educational placement, including requests for hearings to review an IEP or 504 Plan. Engaging a special education attorney can support parents throughout this process.

4. What should I do if my child is being bullied due to their disability?

Bullying, particularly in a school setting, can have serious implications and may indeed be illegal under certain circumstances. In New York, laws are in place to protect students from harassment and discrimination based on disability, race, gender, and other factors.

If bullying is linked to any of these protected characteristics, it may constitute a violation of state and federal laws.

Parents of children who are being bullied should first report the behavior to school officials, as schools have a legal obligation to address and mitigate bullying incidents.

If the school fails to take appropriate action and the bullying continues, parents may consider pursuing legal action. This can involve filing a complaint with the school district or the state’s education department, and in serious cases, parents might also explore personal injury claims or actions under specific anti-bullying laws.

Consulting with an attorney who specializes in education law can provide guidance on the best course of action to protect your child and ensure their right to a safe learning environment.

5. How are disputes regarding special education services resolved in New York?

Disputes may be resolved through mediation, due process hearings, or complaints filed with the New York State Education Department. Legal representation can be beneficial during these processes to advocate for your child's rights effectively.

Special Education Law Attorney in New York

We understand you have questions about the rights of your child and the availability of educational services. With an office in South Salem, New York, we help families with special needs throughout Westchester County, Putnam County, Rockland County, Manhattan, and the Bronx in New York. Contact us via email today for more information or call the Law Office of Peter D. Hoffman, PC.