If your special education hearing officer has ruled in favor of the school, do not accept it. Appeal it.
Having a child with special needs can be an uphill journey. From ensuring that your child receives the best healthcare providers to making sure that your child is receiving the highest quality education available is one of the focal points to your child’s development. The federal government recognizes the importance of special education for children who have special needs, which is why they legally require all public schools to have adequate special education that is both equal and inclusive to the same education of that of your child’s peers.
If a public school cannot or will not provide equal, tailored, and special education, then you as a parent have the legal right to file a complaint, which will either result in the transferring of your child to a private school with proper special education, or ensuring the school brings in someone who can adhere to the special needs of your child. The cost is allotted to the school district or Board of Education; however, many school boards do not wish to pay for such costs. These issues often end up in court litigation.
Unfortunately, there are injustices where you do not receive an impartial hearing, resulting in your child being forced to stay in their current inadequate educational environment. When seeking to appeal these wrong decisions, it is imperative to contact an experienced special education appeals attorney right away.
Whether your case was denied because you had an incompetent attorney or your hearing officer was not impartial, your case needs to be brought to the Office of State Review. According to the Individuals with Disabilities Education Act (IDEA), all participating states, including the state of New York, must provide a free appropriate public education (FAPE) to all children with disabilities. This FAPE must be tailored to meet the special need child’s unique needs. The purpose of these acts is to equip and prepare children with disabilities and special needs for further education, employment, and independent living. And, these services are to be provided at no cost to the parent or student. When these laws are not upheld, parents may file complaints, and hearings are held to determine if the school has broken any law(s) by not providing adequate and equal education. Unfortunately, these hearings can work against you, especially when you do not have a competent attorney by your side. There may also be instances where the board feels that the school is meeting your child’s specific needs, whereas you disagree with the school board’s decision. The courts may rule in favor of the school, leaving your child’s education in an inadequate state.
Angel A. Castro, III, Esq. and his legal team are here to take on your special education appeal needs, and bring them to the Office of State Review. As your special education appeals attorney, Mr. Castro will gather all the facts and details on the specialized education your child requires, and present your child’s case to the Office of State Review. Here, we work diligently to build a solid case in favor of your child, showing why the initial decision is unjust, and the grounds for why the original decision should be overturned. When it comes to the wellbeing of your child, we stop at nothing to make sure that your child receives the quality, equal, and tailored education that he or she is entitled to receive.
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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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