Law Offices of Adam Dayan, PLLC

Every child is entitled to a free and appropriate publicly funded education regardless of whether he or she has a disability. If a child has a disability that interferes with his/her educational progress, he/she may be entitled to special education as defined by the Individuals with Disabilities Education Act (IDEA). Under the IDEA, special education includes a combination of an appropriate educational program to meet the child’s specific, unique individual needs as well as any related services that may be necessary to allow the child to benefit from that instruction. Related services could include speech therapy, occupational therapy, physical therapy, counseling, transportation, a paraprofessional/ aide, or a number of other services. Your child’s eligibility depends upon his/her documented needs.

When a parent notifies the school district that his/her child may have special needs, the school district is obligated to conduct testing at no cost to the parent. Usually the district has an obligation to test in all areas of suspected disability. This could mean psychological and educational testing as well as a speech and language evaluation, an occupational therapy evaluation, a physical therapy evaluation, and/or some other form of testing – depending on the particular circumstances of the case. In certain cases, if a parent disagrees with the school district’s findings, it may be possible to obtain a private evaluation at the school district’s expense, although there are specific guidelines that must be followed and obtaining this funding can sometimes be a difficult process. If you have the means to do so, it is encouraged to obtain a private, comprehensive evaluation even if reimbursement from the city is not a viable option.

In some cases a child may demonstrate signs of significant developmental delays from an early age or fail to reach certain milestones. In other instances where it may be harder to detect, it is especially important to be an active participant in your child’s education to look for signs of struggle. You should pay attention to your child’s exam scores and report cards and look for patterns that might suggest difficulty. Speaking with your child’s teachers regarding his/her classroom performance and possible areas of struggle is critical – this should take place regularly throughout the year. If your child is demonstrating any of these problems they could be also be affecting him/her academically and impairing his/her ability to learn. If you suspect that your child might have a disability but are not sure, you should explore the idea of having a qualified professional conduct a comprehensive psychological assessment to better understand your child’s areas of strength and weakness.

A child with special needs may struggle in one or more domains and require some level of specific, individualized attention. That could mean, for example, a serious developmental disorder such as autism or Down’s Syndrome. It could mean a serious emotional problem such as bipolar disorder, depression, or severe anxiety. The problem could manifest in the academic, social, emotional, or behavioral aspects of an individual’s life.