Special Education Law


Practice Area

What Is Special Education Law?

Students are entitled to a free appropriate public education under the Individuals with Disabilities Education Act (IDEA). This means that your school district must provide your children with an education that meets their individual needs. The school district must, for instance, provide your child with the appropriate classroom, an IEP that adequately addresses their needs, comprehensive evaluations, necessary related services, and more.

The IDEA is in place to provide free appropriate public education, services, and resources to children with disabilities to ensure their needs are met in the classroom. IDEA governs how schools offer early intervention, special education, and other related resources at school.

Schools might also suggest that your child gets evaluated if they’re exhibiting signs of learning disabilities, attention disorders, or behavioral problems. After an evaluation, as a parent, you can request to have your child evaluated at any time during their school career. If the school determines that your child might benefit from the programs available through the IDEA, the school will hold an eligibility meeting where an individualized education program (IEP) will be developed. This document will act as a guideline to support your child’s educational goals and detail how the school should sufficiently support them.

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What Would be Considered a Violation of The IDEA?

There are multiple ways your child's needs might not be met at school. If your child has already been evaluated by their school and has received an Individualized Education Program (IEP) or an Applied Behavioral Analysis (ABA) has already been conducted, and expectations aren't being met, Mizrahi Kroub can help.

We're here to make sure your child's education works for them, and we do this by fighting for your child's education rights after:

  • Failure to give notice of rights or planned meetings through written notice. 
  • Failure to adhere to state-mandated timelines. 
  • Failure to allow parents to participate in the IEP development process. 
  • Failure to conduct and complete individualized evaluations. 
  • Failure to offer extended school year services to your child.
  • Failure to assess the student’s academic and functional needs. 
  • Failure to develop annual goals based on the student’s needs. 
  • Failure to develop challenging, ambitious, and measurable annual goals.
  • Failure to adhere to the curriculum or alternative placements. 
  • Failure to implement accommodations outlined in an IEP. 

What Happens If The IDEA Is Violated?

If your child's needs are not met at school, you have the right to open a case. While doing this might seem scary, it does not have to be. At Mizrahi Kroub, we're experienced in the IDEA and are ready to seek justice for your child. No matter the stage of learning your child is in, they have a right to public and personalized education. We'll handle the complaint filing and work with you to seek justice for your child.

Should I Hire A Special Education Lawyer?

You have every right to pursue legal action if your child has been neglected at school or their Individualized Education Program (IEP) has been violated. Mizrahi Kroub's IDEA attorneys are the people to help your child prosper. Contact us if you have any doubt whether your child's needs are being met at school.


Who is eligible for special education?

In New York, to qualify for special education services, a child must have a disability that affects their ability to learn. Students considered eligible for special education must fulfill the following three requirements:

  • The student must have a recognizable disability.
  • The disability must significantly affect the student's educational performance.
  • The student's needs cannot be fulfilled through general education classes and require special instruction.

Special education eligibility is established through an initial evaluation. This involves evaluating all the available data collected about the child through comprehensive assessments and referral processes.

At what age is a student eligible for special education services?

Students who are New York residents aged 3 to 21 with disabilities are eligible for special education services. Most school districts have a Committee on Preschool Special Education (CPSE) and a Committee on Special Education (CSE) that evaluate students' educational abilities and needs.

The CPSE is concerned with students with disabilities between 3 and 5 years, while the CSE deals with students with disabilities aged 5 to 21. The committees then use the evaluation results to decide if the student's needs warrant special education services in New York.

How do I find out if my child is eligible?

If you think your child is struggling in school because of a disability, you may wonder how to find out if they are eligible for special education. Remember that not every student with learning differences is entitled to special education programs or services. To determine if your child is eligible for special education, you will need to ask the school to assess your child.

Reach out to the school and describe your concerns regarding your child's educational performance and ask for an assessment under the Individuals with Disabilities Education Act (IDEA) to identify any disabilities. The school must get approval and obtain your written consent to proceed with the evaluation.

However, if the school does not think your child has a disability, it may deny evaluating your child. The school must communicate its decision in writing and provide reasons for refusing your child an evaluation. At this point, seeking the counsel of a New York special education lawyer will help you understand all of your options going forward. 

What is an IEP?

An Individualized Education Program (IEP) is an official document created for public school students entitled to special education services. This document highlights the special education requirements, instructions, support programs, and services a child needs to succeed in school. IEPs are developed for children who attend public schools and are covered under special education law.

If your child's IEP has been violated or they have been neglected or mistreated at school, you can pursue legal action. Our New York special education lawyers at Mizrahi Kroub LLP are ready to protect your child's best interests to ensure they receive the education they deserve.

"I always had such a great experience when working with this group. Joey is super knowledgeable and helpful. He made sure to be very thorough and professional. Definitely recommend!!!"

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"I was very pleased with this firm's services. Joseph and Ed were professional and knowledgeable and not only helped me resolve my legal issues, but were patient with me and made sure i understood what was transpiring every step of the way. I highly recommend them and their team."

-Michael G.

"Mr. Mizrahi definitely provides top quality service. He really goes out of his way for his clients. He was always available to answer all my questions. It was a pleasure working with him. I highly recommend Mr. Mizrahi."

-Michael J.

"Were extremely patient and kind. They make you feel comfortable asking any question and make you feel taken care of. I would highly recommend!"

-Jacob S.

Helpful Resources

February 20, 2023

What Is an IEE and How Do I Get One for My Child?

If you believe your child should qualify for services at school, but your child's school disagrees, you should request an IEE.

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January 12, 2023

What is Compensatory Education for Special Education Students?

Our special educational lawyers can help fight for your case and help you pursue the compensatory education your child needs.

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December 12, 2022

Can a Parent Bring a Lawyer to an Individualized Education Program (IEP) Meeting?

Mizrahi Kroub understands how confusing and stressful IEP meetings can be.

Read More

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