In New York State, the academic success of students with disabilities is guided by the Individuals with Disabilities Education Act (IDEA). The IDEA outlines the need for Individualized Education Plans (IEPs) for special education students to ensure that all students are receiving a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). Ensuring that your child’s IEP is appropriate and that their educational needs are being met is imperative to their academic success. The New York State education law attorneys at Tully Rinckey can help you achieve your goals when it comes to your disabled child’s academic well-being.
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Matters involving Special Education are governed by the Individuals with Disabilities Education Act, or IDEA. These guidelines set forth the requirement that all school-aged children receive a Free Appropriate Public Education (FAPE) and which measures are to be taken if a student requires more resources than their peers to receive a FAPE. An Individualized Education Plan (IEP) is used to help set goals and define the resources needed to help a student with a disability get the most out of their education. There are strict guidelines regarding what is included in an IEP plan and the frequency with which IEP plans are evaluated and updated. If your child has an IEP plan, Tully Rinckey’s special education lawyers can help make sure your child’s needs and rights aren’t being neglected. If you suspect your child has a disability that requires an IEP but currently does not have one in place, our education attorneys can help you through the process of requesting an evaluation of your child’s performance and needs.
An IEP sets the stage for a child’s academic success. As such, it is vital that all aspects regarding performance, goals, services, and evaluation are carefully considered and addressed within the plan.
Individualized Education Plans (IEPs) are updated annually at a minimum. Each child’s plan must include the following:
Should any of the required sections of your child’s IEP be missing, or if you think the goals and services detailed in your child’s IEP are insufficient, it is imperative that you speak to an education attorney as soon as possible to ensure that your child is receiving a Free Appropriate Public Education (FAPE).
To be eligible for an Individualized Education Plan, a student must fall into at least one of the thirteen disability categories listed in the IDEA. These thirteen categories are as follows:
If you suspect your child’s educational needs are not being met due to a disability, you should contact their school as soon as possible to request an evaluation for special education services. Once an evaluation request is received, the school has 10 days to provide parents with a consent form to evaluate the student in all suspected areas of disability that will be sent to the parent, and then the school district has 60 calendar days from the date of consent to evaluate the student, hold an IEP meeting, and recommend an appropriate placement if the student is eligible for an IEP. A knowledgeable education law attorney can help you prepare and send a letter to your child’s school district demanding an evaluation take place and ensuring that the recommendations by the school are ones that provide a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) for your child.
While it is required that a child’s IEP be reviewed no less than once per academic year, parents and guardians may request an updated Individualized Education Plan at any time if they believe their child’s educational needs are not being met by the current plan in place.
Some examples of reasons to request a new IEP include having inadequate goals or insufficient services listed in the plan. If a student has had the same goal on their IEP year after year, it is likely that this goal may be inappropriate for the child’s development. On the other hand, if the goals listed in an IEP are attained too quickly, this could be a sign that the goals are inappropriate in that they are too easily achieved. Having goals in an IEP plan that are both appropriate and attainable is of the utmost importance to a child’s academic success.
We have nothing to say but wonderful things about our experience with Tully Rinckey-from start to finish. They do what they promise to do on their website- our attorney went above and beyond fighting for us against our school district. He responded quickly every time we had a question, and had our backs going up against our school district’s attorney. We are more than satisfied with the entire experience, and have highly recommended them to friends who are also having to fight for their child’s educational rights.
My daughter was denied speech services from the NYC Department of Education. I called Tully Rinckey PLLC and Nicholas Marricco was assigned to my case. Mr. Marricco and his team amended my complaint to the DOE and represented me during the initial hearing. He or a member of his team always kept me up to date with what was happening regarding my case. The IEP was eventually issued and I did not receive a copy from the DOE. Mr. Marricco ensured I received a copy within 48 hours of knowing that the IEP was finalized. He also reviewed the IEP with me and I was able to close my case with my daughter receiving the services she was entitled to. I would highly recommend Mr. Marricco and this firm to anyone having issues with educational institutions within NYS.
Nick Marricco and his staff at Tully Rinckey provided exceptional service for their client. Nick's professionalism and dedication were evident in every aspect of his work. He was not only exceptionally prompt in his responses, ensuring timely communication and follow-ups, but also demonstrated an impressive attentiveness and care that made his client feel truly valued and supported throughout the entire process. What sets Nick apart is his ability to offer customized, practical solutions tailored specifically to the needs of his client. He took the time to thoroughly analyze the situation, considering both immediate concerns and long-term goals, and provided advice that was not only legally sound but also highly relevant to the client's personal and professional objectives. During the process, Nick ensured that his client was empowered to make informed decisions every step of the way. In addition to his legal expertise, Nick was extremely mindful of the client's timeline. He efficiently balanced urgency with thoughtful consideration, adapting his approach to fit the client’s schedule. His astute foresight and ability to anticipate the client’s needs meant that they were always prepared for potential challenges. Above all, Nick’s meticulous attention to detail allowed him to address the nooks and crannies of legal issues that could easily be overlooked. His thoroughness ensured that no aspect of the case was left unexamined, providing his client with confidence that their legal matters were being handled with the utmost care and precision. Overall, Nick Marricco’s proactive, thoughtful, and highly personalized approach makes him a standout legal professional. He consistently goes above and beyond for his clients, ensuring that their needs are met. Above all, Nick is someone who I would highly recommend to a close family member. The world needs more people like Nick.
Tully Rinckey’s attorneys are here to assist you, no matter what problem you are facing. Our qualified and experienced attorneys will handle your case with the utmost regard and attention. We defend the rights of all students with disabilities and their parents.
To schedule an initial consultation with a member of our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com. You can also book your consultation online via the link below.
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