The Individual with Disabilities Education Act, referred to as the IDEA,  is the federal law/statute that governs special education throughout the United States.  It is actually a funding statute which assures that children (from birth through age 21) who are determined to have special education needs (educational handicaps) receive special education and related services that are appropriate for them.  It is the seminal law establishing and protecting special education in our country.  The official citation for this statute is 20 U.S.C. Section 1400-1415.

IEP stands for Individualized Education Program. This is a legally binding document that explicitly defines what special education and related services your child will receive and why. The document includes your child’s classification, placement, services such as a one-on-one aide and therapies, academic and behavioral goals, a behavior plan if needed, percentage of time in regular education, and progress reports from teachers and therapists. The IEP is planned at an IEP meeting.

A “504 plan” as it pertains to students is a plan of accommodations and modifications as a result of Section 504 of the Rehabilitation Act as well as the Americans with Disabilities Act (A.D.A.).  Both of these federal statutes specify that no one with a disability can be excluded from participating in federally funded programs or activities.  This specifically includes elementary, secondary or postsecondary schooling.  The term disability in the context of a 504 Plan is different (and in many ways not as stringent) disability as it is defined for an IEP.  In the context of a 504 plan, a disability refers to a “physical or mental impairment which substantially limits one or more major life activities.” This can include any type of physical impairments; illnesses or injuries; communicable diseases; chronic conditions like asthma, allergies and diabetes; and learning problems.

A 504 plan spells out the modifications and accommodations that a child needs to have in order to have  an opportunity perform at the same level as his or her peers.  This can include such things as wheelchair ramps, blood sugar monitoring, an extra set of textbooks, a peanut-free lunch environment, home instruction, or a tape recorder, extended time on examinations, preferential seating, or a keyboard for taking notes or other assistive technology devices.

A 504 plan, is part of civil-rights law, it is an attempt to remove barriers and thus allows students with disabilities to participate freely; like the Americans With Disabilities Act, it seeks to level the playing field so that those students can safely pursue the same opportunities as their peers who do not have disabilities.

An IEP, is part of the Individuals with Disabilities Education Act and is much more concerned with providing special educational services. Students are eligible for an IEP generally require more than just the leveling of the playing field. Students who have an IEP require significant remediation and assistance, and are more likely to work on their own level at their own pace even in an inclusive classroom. Only certain classifications of disability are eligible for an IEP, and students who do not meet those classifications but still require some assistance to be able to participate fully in school would be candidates for a 504 plan.

Related services is the term for those services a disabled child needs in order to benefit from special education. This can include: an aide, speech therapy, occupational therapy, nursing services, physical therapy, counseling, interpreters for children with hearing impairments, and transportation.  A school district is required to provide related services if they are necessary to facilitate a child’s benefit from special education.  Even if a child does not have an IEP they can receive related services as part of a 504 plan.

For school districts, the purpose of an evaluation is to determine whether a child has a disability and then determine what his or her educational needs are. Under IDEA a “child with a disability” is one who qualifies for special education and related services. A child cannot receive special education without having had an evaluation.  An evaluation must be done in all areas of suspected disability. The evaluation process gathers information from a variety of sources about a child’s functioning and development. It looks at both the child’s strengths and needs. It may examine cognitive, academic, behavioral, physical, and other developmental factors. Evaluation includes information provided by the parents.

An evaluation may have other purposes for parents.

The quick answer is YES, if you are asking for special education services from your school district you must give consent for the district to conduct their own evaluation if they choose to do so.  Oftentimes a district will use your private evaluation instead of conducting one of their own, but this is solely at their discretion.

If you give your private independent evaluation to the school district, the IEP team is required to consider this evaluation.  But, remember “considering” an evaluation does not mean that the school district must accept the findings or recommendations of that private evaluation. It does means that the IEP team must review the evaluation and discuss it.

The answer to this question is highly individualized.  The type of independent evaluation that a parent needs for their child depends on the purpose of the evaluation and what the presenting issues or problems are. There are many different types of evaluations.  The most popular and starting point would be either a Neuropsychological Evaluation or a Psycho-Educational Evaluation.  For example, if your child is having academic difficulties then a psycho-educational or a neuropsychological evaluation is needed.  If you child has language delays then a neuropsychological coupled with a speech and language evaluation is ideal.  If your child has motor delays or sensory issues an evaluation by an occupational or physical therapist would be called for.  If have an infant with global developmental delays   an evaluation done by a developmental pediatrician would be recommended.  If you have a child or teenager with significant emotional and or behavioral problems a psychiatric evaluation is recommended.

Yes, a parent has the right to obtain an independent educational evaluation (IEE) of their child if you disagree with the evaluation done by your school district.  This is different than wanting an independent evaluation because you think it would be a better assessment, there must have been an evaluation done by your school district which you disagree with.

When you do disagree with the evaluation done by your district and you want an independent educational evaluation at public expense, you must request this in writing (we recommend requesting this from the Chairperson of your C.S.E.).  Once you request this in writing the school district must, without unnecessary delay either: (a) agree and provide you with an independent educational evaluation at public expense; or (b) file a due process complaint requesting a hearing to show that the school district’s evaluation of your child was appropriate.

The best way to find a private evaluator is through references.  Many of the private special education schools have lists of evaluators who they recommend.  We maintain a current list of evaluators in all disciplines and assist in helping you find the right person for your child.

An attorney is your advocate during the entire process from evaluation to development of an IEP to the securing the appropriate special education school and services for your child. The attorney assesses your case and provides guidance and counsel to your family on an appropriate options and the best course of action, particularly when it comes to seeking reimbursement or funding for private programs.

Many of our clients need to fully understand their rights, options and entitlements. Once they have this information they are better equipped to navigate through this complex system.  For other clients they anticipate or are already in dispute with their school district.

The attorneys at Skyer Law understand how to read evaluation reports and we have an extensive list of highly qualified and skilled experts in the field.  Our knowledge of appropriate and available resources in the New York City area and surrounding suburbs is unparalleled.  At Skyer Law our primary goal is to help our clients successfully resolve their disputes without having the aggravation and expense of litigation and appeal.  When this is simply not possible our team of skilled and aggressive litigators will represent you at the formal due process hearing and any subsequent appeal.

The quick answer to this question is no.  In some instances parents can manage and handle their own case.  There are many such situations where after a consultation meeting where we have outlined the issues and options of resolution parents can go back to their district and work out their differences.  There are other situations where all that is needed is a non attorney advocate. At Skyer Law we employ two non-attorney special education advocates.

The longer answer to this question is that each case is different and that an answer can only be given after a full assessment of the facts and issues made with a client at an initial consultation.

This question is always answered on a case specific basis.  Some of the reasons to contact our firm are:  When you suspect there are academic, social or emotional problems or delays that are impacting on any aspect of your child’s functioning.  Some examples of this can include:

• Delays in your child’s reading development;
• Behavioral problems that interfere with your child’s classroom and school performance;
• If your child has made only limited progress even while receiving special education services or in a special education class;
• If your child has s been suspended or expelled from school;
• If you are considering enrolling your child in a private special education school or program;
• When you are thinking about initially applying for a CSE evaluation and review;
• When the special education evaluation process has becomes drawn out;
• If you feel that your child has not been properly assessed by the school district;
• When your school or district has failed to implement your child’s IEP;
• When you need assistance at IEP meetings with teachers and school officials

Skyer Law deals exclusively with matters pertaining to the education of children from birth through 21.  We do what is known as special education advocacy and litigation.  This means that our professional staff not only represents parents at DUE PROCESS IMPARTIAL HEARINGS and APPEALS, but we help and guide parents through the entire evaluation and placement process, and assist in all aspects of funding.    In addition we represent children at suspension hearings and manifest determinations.

At Skyer Law we understanding the needs of busy parents and we have a commitment to being responsive to our clients, therefore our hours of operation are very flexible.  Our offices are officially open from 8:30 am to 7:00 pm.  Our switchboard closes at 5:30 pm.  We are open Monday through Friday and we are closed on federal holidays.

Initial consultations are scheduled through Ben Foley and we do make accommodations to start as early as 8 am.

The first step in determining if you need our services is an initial consultation. An initial consultation is an hour appointment with either Regina Skyer or one of our senior attorneys.   During this appointment we will discuss in depth your child, what his or her issues are and what you and the experts involved in their life believe are necessary.  We will review the evaluations and documentation that you bring to this meeting.  We will explain the process to you and we will make recommendations. There is a fee for the consultation appointment which will be discussed when you make the appointment.

After this meeting we will mail to you our retainer agreement, which explains in details our services, our fees for on-going services and the parameters of our work.

We do not recommend doing this.  This initial appointment is critical in terms of assessment and strategic planning and requires our undivided attention.  While we enjoy meeting “our clients” a better way of doing this if you want to is to bring your youngster into the offices at some future time, just to say hello.

The two advocates employed at our firm are professionals with decades of experience working at the D.O.E. and completely familiar with the process.   They are not attorneys and have not attended law school.  They both hold masters degrees and work under the supervision of one of the many lawyers in our firm.

Technically, yes.  A parent can represent themselves or employ anyone else to do so.  At Skyer  Law the only people who represent parents at Impartial Hearings are trained, attorneys who are admitted to the NY State Bar and familiar with this area of practice.

Our fees will be discussed with you when you come in for your consultation appointment or when you call Ben and arrange this meeting.

We are available at (212) 532-9736 to setup an appointment.  You can also reach us by email on info@skyerlaw.com.  After your initial consultation you will be assigned to a specific attorney/case manager.  This person is your point person and will promptly respond to your emails and be available to discuss your case.