Do you know how many laws protect your child with special needs? If your child’s school is discriminating against your child, or providing them a subpar education in a way, they don't have a legal leg to stand on.
Discovering that your child has special needs can be a shattering, frightening, and devastating experience. Many parents often blame themselves when they discover their child has a special need. All any parent ever wants is for their child to grow up healthy, and live a prosperous life, avoiding devastations, and major setbacks. Having a child with a special need is not something that can easily be overlooked. Education that both tends to your child’s needs, as well as provides them with inclusive, well rounded education is not only essential, but is also something public schools must provide. If your child’s special needs have been neglected, please do not hesitate to contact a Special Education Attorney right away.
In 1990, the Federal Government passed the Individuals with Disabilities Education Act (IDEA), which grants all students the right to a free, appropriate public education in the least restrictive environment. This means that every public school, including all those in the state of New York, must provide your child with education instruction designed to meet his or her specific needs. Oftentimes, in certain unfortunate education facilities, there is a misconception that special education is a place, and not a structured system. Students with special needs have the right to be educated in a regular classroom with their peers that have no special needs. If your child is being isolated at school to be educated, this can be very detrimental to your child’s development and you should not hesitate to contact an experienced Special Education Attorney promptly.
Educating your child in an isolated environment can not only have negative social development and interaction impacts, but can also lead to subpar education that may not be up to the same standard as your child’s peers who are without special needs. This unequal treatment is not only a gross misconduct, but is also a violation of Section 504 of The Rehabilitation Act of 1973. This act states that all persons with disabilities are to be free from discrimination, and be provided with the equal education opportunity to learn that which all other students are expected to learn. Furthermore, Article 89, of the New York State Education Law and part 200 of the commissioner’s regulations serve as the acting vehicle to implement these requirements in the state of New York.
There is obviously an overwhelming amount of legal support that insures that that your child receives the proper education that he or she needs without discrimination or isolation. Unfortunately, some schools allow children to fall through the cracks, and do not specifically cater to a child’s special needs, as the law requires. If you believe this gross misconduct and blatant act of discrimination is occurring against your child, please do not hesitate to contact Managing Attorney Angel Castro and his team. Vetted, and highly experienced, head his team will not hesitate to fight on your child’s behalf. Taking any measures necessary, Mr. Castro will not stop until your child receives the proper education that he or she needs, ensuring that your child can grow, learn, and develop to be the best person they can be.
Serving in the Federal District Courts, Second Circuit Court of Appeals, New York Supreme Courts in Manhattan, the Bronx, Brooklyn, Queens, Nassau, Westchester, Broome and Onondaga Counties, as well as the Appellate Division First, Second, Third, & Fourth Departments for Complex Litigation, Appeals, & Negotiation.
We are available to meet in Manhattan and Syracuse, New York. If you would like to meet outside of these areas, please contact us and we can arrange for a meeting place to discuss your matter.
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