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"Michelle Siegel has been an angel sent from heaven. Her hard work and diligence has afforded my special needs child a chance to have a quality education."


Denise H.

 

THE LAWS THAT PROTECT YOU AND YOUR FAMILY

Combating Autism Act of 2006: An act that authorizes nearly one billion dollars in expenditures, over five years beginning in 2007, to combat the autism spectrum disorders of autism, Asperger syndrome, Rett syndrome, childhood disintegrative disorder, and PDD-NOS through screening, education, early intervention, prompt referrals for treatment and services, and research. The act provides grant programs for states to develop autism screening, early diagnosis, and intervention programs for children.

Family Educational Rights and Privacy Act:  A federal statute created to ensure that parents have access to their children's educational records and to protect the privacy rights of parents and children by limiting access to these records without parental consent. FERPA deals with access to educational records, parental right to inspect and review records, amendment of records
and destruction of records.  It applies to all agencies and institutions that receive federal funds, including elementary and secondary schools, colleges, and universities. 

Individuals with Disabilities Education Improvement Act (“IDEIA”) of 2004: The Individuals with Disabilities Education Improvement Act (IDEIA) is a law ensuring services to children with disabilities throughout the nation. IDEIA governs how states and public agencies provide early intervention, special education and related services to eligible infants, toddlers, children and youth with disabilities. Infants and toddlers with disabilities (birth-2) and their families receive early intervention services under IDEIA Part C. Children and youth (ages 3-21) receive special education and related services under IDEIA Part B.

In defining the purpose of special education, IDEIA 2004 clarifies Congress’ intended outcome for each child with a disability: students must be provided a Free Appropriate Public Education (FAPE) that prepares them for further education, employment and independent living.

U.S.C. §1400, et. seq., IDEIA Regulations, 34 C.F.R. Part 300These are the actual enforceable laws authorized by The Individuals with Disabilities Education Improvement Act. These regulations carry out the full force of the law.

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, et. seq.: The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance (publically funded schools), in Federal employment, and in the employment practices of Federal contractors. Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance… 

New York Commissioner Regulations, 8 N.Y.C.R.R. § 200, et. seq.: Section 200 governs the New York Department of Education’s treatment of students with disabilities. They affirm that the Department of Education shall make available a free appropriate public education to all students with disabilities who reside within its district and are eligible for special education and related services under the Individuals with Disabilities Education Act and New York’s Education Law, and their implementing regulations. They also state that special education and related services will be provided to resident eligible students with disabilities in conformity with their individualized education program (IEP) and in the least restrictive environment appropriate to meet their individual educational needs.

New York Education Law, Article 89: Article 89 is the New York State counterpart to the Individuals with Disabilities Education Act.  There are extensive State regulations that prescribe how your child should be evaluated and how a multi-disciplinary team of teachers, evaluators, and the child's parents are to create the child's individualized education program in addition to special provisions relating to the instruction of children with disabilities

 

 

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