“The roots of all teaching lie in the soil of empathy for the pupil.” – Robert John Meehan
For parents of students with disabilities, the special education process can be complex and frequently frustrating. It is thus important for parents to understand the legal framework of the Individuals with Disabilities Education Act (IDEA). Under the IDEA, a state receiving federal funds must provide disabled children with a free and appropriate public education (FAPE). Cerra v. Pawling Cent. Sch. Dist., 427 F.3d 186, 192 (2d Cir.2005). To ensure that qualifying children receive a FAPE, a school district must create an individualized education program (IEP) for each such child. See 20 U.S.C. § 1414(d); Murphy v. Arlington Cent. Sch. Dist. Bd. of Educ., 297 F.3d 195, 197 (2d Cir.2002) (describing the IEP as the “centerpiece” of the IDEA system).
The IEP is “a written statement that sets out the child's present educational performance, establishes annual and short-term objectives for improvements in that performance, and describes the specially designed instruction and services that will enable the child to meet those objectives.” D.D. ex rel. V.D. v. N.Y.C. Bd. of Educ., 465 F.3d 503, 507–08 (2d Cir.2006) (internal quotation marks omitted). The IDEA requires that an IEP be “reasonably calculated to enable the child to receive educational benefits.” Bd. of Educ. v. Rowley, 458 U.S. 176, 207, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982).
In New York State, local Committees on Special Education (“CSEs”) bear the responsibility for developing IEPs. N.Y. Educ. Law § 4402(1)(b)(1); Walczak v. Fla. Union Free Sch. Dist., 142 F.3d 119, 123 (2d Cir.1998). CSEs are comprised of members appointed by the local school district's board of education, and must include the student's parents, a regular or special education teacher, a school board representative, a parent representative, and others. N.Y. Educ. Law § 4402(1)(b)(1)(a). The CSE must examine the student's level of achievement and specific needs and determine an appropriate educational program. Gagliardo v. Arlington Cent. Sch. Dist., 489 F.3d 105, 107–08 (2d Cir.2007).
If a parent believes that their child's IEP does not comply with the IDEA, the parent may file an administrative challenge known as a “due process complaint.” 20 U.S.C. § 1415(b)(6). In such cases, the IDEA mandates that states provide “impartial due process hearings” before impartial hearing officers (“IHOs”). Id. § 1415(f). Under New York's administrative system, the parties first pursue their claim in a hearing before an IHO. N.Y. Educ. Law § 4404(1). Either party may then appeal the case to the state review officer (“SRO”), who may affirm or modify the IHO's order. Id. § 4404(2). Either party may then bring a civil action in state or federal court to review the SRO's decision. 20 U.S.C. § 1415(i)(2)(A).
The process outlined above is complex and the assistance of an attorney could greatly benefit parents and children. If you have special education concerns regarding your child, contact the Law Office of Patrick Fischer for a free consultation today.
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