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Your Child's Right to a Free Appropriate Public Education (FAPE) in New York

Philadelphia Special Needs Children Helped by Cuddy Law Firm

Taking On the School System Is Never Easy, but Our New York Special Education Lawyers Can Help

School districts often fight parents and families in court about what’s best for a child’s education. But schools aren’t always right about your child.

If your child has special needs and you’re worried the school district isn’t providing them with the right education, you have options. But you should know the school district has attorneys who will advocate for the system’s stance on your child’s education.

You can fight back—with help from experienced special education lawyers.

United States federal law says that students with disabilities have a right to a “free appropriate public education,” or FAPE for short. That means providing educational adjustments to meet your child’s individual needs.

Cuddy Law Firm has New York special education attorneys who know how to take on school systems all over the country and ensure that children get the education they’re entitled to and deserve.

If your child isn’t progressing in reading or other areas of education, it may mean that the school system is leaving them behind. That’s not something you want to happen, and we can help you set a better course.

Don’t take on the school system by yourself.

Call us to learn how a New York special education attorney can ensure your child gets the education they are entitled to by law.

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What Is FAPE? And How Do I Protect My Child’s Rights?

One of the most important federal special education laws is The Individuals with Disabilities Education Act (IDEA).

The law says a “free appropriate public education must be available to all children,” including students with special needs and students with disabilities who have been suspended or expelled.

Another key law for children with disabilities, Section 504 of the Rehabilitation Act, also requires school districts to provide FAPE accommodations.

What does FAPE mean in practice?

It means your child has the opportunity to learn in the “least restrictive environment,” such as studying alongside non-special education students as much as possible.

It means your child receives an Individualized Education Program (IEP) that spells out specific strategies for teaching your child and services your child should receive.

FAPE also means using proper methods of evaluating your student’s needs and placing them in the appropriate settings.

What can you do you if you think your school district isn’t providing a FAPE to your child?

Fighting for your child’s rights can start with asking a special education committee in your local area for changes. If that doesn’t produce a satisfactory result, you can call for a due process hearing on your child’s case.

If the due process hearing still leaves your child without the proper services for them, you may appeal to a state review panel, depending on your state, or go to state or federal court.

A special education lawyer can guide you through every step of ensuring your child receives a free and appropriate public education.

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How a Special Education Lawyer Helps Your Child Get Access to FAPE

Having someone who knows special education law and how the FAPE rules apply to your child’s situation can make a big difference in your efforts to advocate for your child’s learning and growth.

The Cuddy special education attorneys dedicate their careers to navigating these laws, government agencies, processes and options on behalf of families.

These are among the supports that your special education lawyer can provide:

  • Advocating on your child’s behalf to local school officials
  • Filing for a due process hearing
  • Representing your child’s interests before the impartial hearing officer (IHO) in a hearing that resembles a trial
  • Taking your child’s case to state education officials if needed
  • Filing a case in state or federal court and representing your child there

School officials may fight you, but you have federal law and your child’s right to a free appropriate public education on your side.

You don’t have to take on the school system by yourself.

Call us to learn how a New York special education attorney can ensure your child gets the education they are entitled to by law.

If you feel your school is denying a FAPE to your child, let’s secure the resources your child needs to reach their fullest potential.

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