ANSWERS TO COMMONLY ASKED QUESTIONS ABOUT SPECIAL EDUCATION 1. Is my child entitled to special education services? Every child in New York State from infancy to age 21 who is found to have a disability is entitled to special services designed to meet his or her unique needs. Children between 3 and 21 receive special services through their local school district. Children under 3 years old with developmental delays may be eligible for free early intervention services. A parent or a service care professional can refer a child for evaluation by a team of professionals. If the team determines a child is eligible, an Individualized Family Service Plan is developed to meet his or her needs. Services are usually provided to the family at home. For more information, contact your county health department. In Erie County the number is 858-6161. In Niagara County the number is 278-8485. 2. Who determines that my child is eligible for special services (for children between 3-21)? A parent, teacher, or other educational professional can refer a child to the local school district's Committee on Special Education (CSE) for evaluation. All initial evaluations are provided at no cost to the parent and typically include: A physical examination A psychological evaluation A social history An observation of the child in a school or preschool setting Any other appropriate evaluation Once the evaluations are completed, a team of professionals will meet with you to decide whether your child is eligible for services. 3. What types of services are available? If your child is eligible, the team of professionals will work with you to develop an individualized written plan describing your child's needs, goals and objectives, placement and services. These services may include, for example: For pre-schoolers, services in the home, at a daycare, or nursery school, or placement in an official program. For school age children: Placement in a regular classroom with extra help from a special education teacher Placement in a special education class Speech and/or physical therapy Counseling Special equipment or program modifications 4. What is my role in this process? Parents are important participants in the process. By law, you will be asked to consent to your child's evaluations. You have the rights to see all of your child's records. You must be invited to participate in meetings at which your child's eligibility for services and individualized program are determined. You may bring a friend, parent advocate, or lawyer with you to these meetings. 5. What can I do if I disagree the recommendations for my child? As parents, you are the best advocate for your child. If you disagree with the proposed plan for your child or with the way it is implemented, you may request a "due process" hearing. An impartial hearing officer, acting as a judge, conducts a formal proceeding at which the parties, frequently presented by lawyers, present and cross-examine witnesses. The decision of the hearing officer may be appealed. 6. How can a lawyer help me? Parents may bring an advocate such as a lawyer to CSE meetings and may be represented by a lawyer at a due process hearing. If you are having difficulty understanding your rights, dealing with procedure, or getting appropriate services for your child, the lawyers at Goldstein, Ackerhalt & Pletcher, LLP may be able to help. The Special Education and Disability Law Practice of the law firm of Goldstein, Ackerhalt & Pletcher, LLP is the largest and most experienced of its kind in Western New York. Our attorneys and support staff have extensive knowledge and experience in representing parents and children with special needs. When you call our office, you will talk to staff who will be glad to discuss your situation and help you decide whether you can benefit from our legal help. Our clients include individuals of all ages with disabilities and their families. In addition to education and discrimination concerns, we also provide assistance with wills and trusts specially designed for families with members who are disabled. YOUR FIRST PHONE CALL IS FREE When you speak to one of our attorneys, ask about our fees. In many education cases, federal law provides for payment of reasonable attorney fees by your school district.   Home Page Attorneys Location Areas of Law Announcements Links Special Education Contacting our Firm Copyright © 2005 Goldstein, Ackerhalt & Pletcher, LLP