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Special Education Due Process Hearings in New York

Mom prepares for special needs daughter for school


If your child is enrolled in school and the school district denies your child a free, appropriate public education (FAPE), you have rights as a parent. You can challenge the school district in a due process hearing.

These hearings relate to your child’s classification, evaluation, placement, program and/or implementation of services. Should you choose to pursue a due process hearing for your child, an impartial hearing officer (IHO) is appointed to hear your side as well as the side of the school district. Once the IHO has heard both sides, the IHO will make a decision.

If you choose to pursue a hearing for your child, the process is very similar to a trial, with each side presenting evidence and sworn testimony to the IHO. Many school districts in New York are represented by attorneys, and the process can be overwhelming. It’s in your best interest as a parent and in your child’s best interest to have a New York special education attorney help you in the proceedings.

Once your child’s hearing is concluded, if either you or the school district disagrees with the IHO’s decision, the next step is to appeal to the Office of State Review or to file an appeal in federal court depending on the state where the action is filed. If neither party chooses to appeal, the decision is final.

If you think your child is not receiving an appropriate education, the Cuddy Law Firm is here to help your family. Our special education attorneys in New York have represented families, just like yours, in due process hearings. Let us guide you through this very difficult process.

Contact our team of special education attorneys for help with your child’s IDEA hearing.
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Understanding Section 504 Regulations

If you have a child with a disability who is enrolled in a school that receives federal funding, Section 504 of the Rehabilitation Act applies to your child’s education.

Section 504 of the Rehabilitation Act of 1973 is a federal law that grants important rights to people with disabilities. It prohibits recipients of federal funding from discriminating against people with disabilities. Since all public (and some private) schools receive federal funding, they are required by law to comply with Section 504.

This means that if your child has a disability, he/she is entitled to a 504 Plan. This plan should accommodate your child’s disability and may include services that address your child’s special needs.

At the Cuddy Law Firm, our special education attorneys in New York help parents and children with Section 504 hearings. If you believe your child isn’t receiving an appropriate education as outlined by Section 504, contact us now to discuss your family’s options.
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