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Special Education Law

Special Education LawThe individuals in the image above are actors depicting fictional events.

The lawyers at Tully Rinckey PLLC understand how frustrating it can be when a public school district is failing to provide necessary accommodations for your child in school, or when a district is recommending services or restrictions that a high-functioning child may not need.

Congress passed the Individuals with Disabilities Education Act (IDEA) to ensure all children with disabilities have available to them a free appropriate public education designed to meet their unique needs and prepare them for future education, employment and independent living. In order to access these services, your child must first be evaluated to determine whether or not he or she requires special services to “meaningfully benefit” from special education services. It is important to understand that certain high-functioning children with diagnosed developmental or physical disabilities may not automatically be found to be eligible for some services due to their high function level. You have a right to an independent evaluation of your child to determine what, if any special services might be needed. The law states that you have the right to request special education eligibility and an IEP to get the services and accommodations your child deserves, and Tully Rinckey can help.

It is also important to remember that the process of obtaining accommodations for your child begins with the classification of your child as needing special education services. Without that classification, school districts are not required to provide services under IDEA. Additionally, classification can be helpful if your child has certain disciplinary problems at school. if your child is classified as needing special education services, there may be alternatives available to you child if he or she is unfairly disciplined for behavior that is found to be a manifestation of his or her disability.

Our education attorneys can help you and your child appropriately address matters regarding:

  • Remedial education and educational placements
  • Classroom aides
  • Obtaining special services through school districts, such as speech, occupational or physical therapy
  • School discipline, detention or suspension
  • School bullies
  • Collaboration with school districts to help meet your child’s special needs

The attorneys at Tully Rinckey PLLC will advocate for parents and children in Albany and all over the Capital Region and across New York State, making sure your children’s rights are being protected and they receive the education they are entitled. In addition, our attorneys can help you plan for the future of your child with special needs by lending our advice and guidance in estate, disability and guardianship planning.

Special education law is complex. A good attorney can advise you how to obtain better programs and services for your child. An attorney that is experienced in this area of law can also advise you on how to become the best advocate for your child, and be a trusted partner in this sometimes difficult process. Here at Tully Rinckey, we understand that no one will ever understand a child’s struggles better that the parent, and as your child’s advocate, we would be here for you, to help you use the laws in place to achieve lasting results for your child. If you are unhappy with how your child’s special education needs are being handled, let us help. Call us at 518-218-7100 24 hours a day, seven days a week to speak to a trusted disability and education law attorney.

Call 24 hours, seven days a week to speak to an attorney (518) 218-7100 or email your legal questions to info@tullylegal.com.


The most popular City / Village / Town Courts our lawyers serve:
Albany, Altamont, Amsterdam, Berne, Bethlehem, Brunswick, Clifton Park, Cohoes, Colonie, Coeymans, Delaware, Duanesburg, East Greenbush, Fulton, Glens Falls, Glenville, Gloversville, Grafton, Greene, Guilderland, Hoosick, Hudson, Johnstown, Malta, Mechanicville, Menands, Montgomery, Nassau, New Scotland, Rensselaer, Rensselaerville, Rotterdam, Saratoga, Schenectady, Schoharie, Schodack, Scotia, Troy, Ulster, Voorheesville, Warren, Washington, Watervliet

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