As a parent or guardian, it is essential to be aware of your child's rights to special education services in Central New York. The Individuals with Disabilities Education Act (IDEA) states that parents and guardians of students with disabilities or special health needs are important members of their children's educational team. It is important to collaborate with educators to create a plan that will help children succeed in school. A student with a disability is defined as a child with a disability, as defined in the Education Act; who does not turn 21 before the first of September; who has the right to attend public school; who, for mental, physical, or emotional reasons, has been identified as having a disability; and who requires special services or programs.
Your child is not excluded from education in a regular classroom with other children of the same age just because the general curriculum needs to be modified. For children ages three and four, the school district will not be able to start a hearing if you refuse to consent to the initial evaluation or the initial provision of special education to your child. It is delivered to school officials or teachers with a legitimate educational interest, to state and local education authorities, or to certain individuals designated under federal law. A fair hearing is a formal procedure in which disagreements between you and the school district are decided by an impartial hearing officer appointed by the Board of Education. The New York State Board of Regents and the State Department of Education have set ambitious goals for educational programs and services for students with disabilities in New York.
If you do not consent for your preschool-age child (3 years old) to be evaluated, the Preschool Special Education Committee will take steps to ensure that you have received and understood your child's evaluation consent request, but the district will not be able to move forward without your consent. Independent educational evaluation (IEE) of your child means a procedure, test, or evaluation performed by a qualified examiner who does not work for the school district or any other public agency responsible for the child's education. Parents or the school district may initiate a hearing on issues related to the identification, evaluation, or educational placement of a student with a disability, or the provision of an appropriate and free public education for the child. A reevaluation should be sufficient to determine your child's individual needs, educational progress and achievement, your child's ability to participate in regular education classes, and whether your child is still eligible for special education services. The Office offers training programs to help parents understand special education laws and regulations. The school district is not required to pay the cost of your child's education in a private school or center if the school district has made available to your child a free and appropriate public education (FAPE).
Your complaint must include a statement that the school district has violated special education laws or regulations and include the facts on which you base your statement. You will receive notice at least five school days before the CSE or CPSE meetings inviting you to participate in making recommendations for your child's educational program. As parents and guardians, it is essential that you understand all aspects of special education services available in Central New York. It is important that you work closely with educators and administrators to guarantee that your child receives all necessary services and support. Additionally, it is essential that you comprehend all laws and regulations related to special education so that you can make informed decisions about your child's educational plan.
