Understanding Special Education Rights in New York
Navigating the Special Education System with Confidence
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New York State has a number of laws and regulations that govern the provision of special education services to children with disabilities. These laws are designed to ensure that all children have access to a free and appropriate public education (FAPE), regardless of their disability.
The Individuals with Disabilities Education Act (IDEA)
The IDEA is a federal law that provides funding to states to help them educate children with disabilities. The IDEA requires states to develop individualized education programs (IEPs) for children with disabilities. IEPs are individualized plans that outline the child's educational needs and how those needs will be met.
The New York State Education Law
The New York State Education Law is a state law that sets forth the standards for special education in the state. The Education Law requires that all school districts provide special education services to children with disabilities. The Education Law also sets forth the procedures for identifying and evaluating children with disabilities, and for developing and implementing IEPs.
The Regulations of the Commissioner of Education
The Regulations of the Commissioner of Education are a set of regulations that further clarify the requirements of the IDEA and the Education Law. The Regulations provide guidance on a variety of topics, such as the definition of a disability, the evaluation process, and the development and implementation of IEPs.
What are the key components of an IEP?
IEPs must include a number of key components, including:
The child's present levels of academic and functional performance
The child's annual goals
The special education and related services that will be provided to the child
The extent to which the child will participate in regular education classes and activities
The modifications and accommodations that will be made to the general education curriculum
The projected dates for beginning and reviewing services
The objective criteria and procedures for determining whether the child is making progress toward meeting his or her annual goals
How can parents ensure that their child is receiving appropriate special education services?
Parents can play an important role in ensuring that their child is receiving appropriate special education services. Parents should be involved in all aspects of their child's education, including the development and implementation of the child's IEP. Parents should also be aware of their rights and how to advocate for their child's needs.
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