Navigating the special education system can be overwhelming, especially for parents of autistic children who want to ensure their child receives the support they deserve. As an experienced Syracuse special education law attorney, represent students and families in education law matters across Central New York, helping protect the rights of children with special needs. Contact us today to schedule a free confidential consultation to discuss your case.

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Key Laws That Protect Your Child

Several federal and state laws provide critical protections:

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• Individuals with Disabilities Education Act (IDEA): This is backbone of special education law and guarantees that eligible children with disabilities, including autism, have the right to special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.

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  • Key Concepts from IDEA:

    • FAPE (Free Appropriate Public Education): Every eligible child is entitled to a Free Appropriate Public Education at public expense, under public supervision, and without charge.

    • IEP (Individualized Education Program): This is the legally binding document that outlines your child's current performance, goals, services, accommodations, and placement. It must be reviewed and, if appropriate, revised at least annually.

    • LRE (Least Restrictive Environment): Your child must be educated alongside non-disabled peers to the maximum extent appropriate. Special classes, separate schooling, or removal from the regular educational environment should only occur when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

    • Parent Participation: Parents have the right to be active participants in the decision-making process regarding their child’s identification, evaluation, and educational placement.

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• Section 504 of the Rehabilitation Act: provides broader protections against discrimination. Even if your child doesn't qualify for services under IDEA, they may still be eligible for accommodations under Section 504 if their autism substantially limits a major life activity.

• Americans with Disabilities Act (ADA): Prohibits discrimination and ensures equal access to public education.

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In New York, these laws are supplemented by state regulations that often provide additional protections and procedural safeguards. For instance, New York implements IDEA through its own laws and regulations, adding specific requirements and protections. In New York the Committee on Special Education (CSE) or, for preschool children (ages 3-5), the Committee on Preschool Special Education (CPSE), is the body responsible for evaluating your child and creating the IEP.

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Crucial NYS Requirements:

• Evaluation: If you suspect your child has a disability, you have the right to refer them for an evaluation. The CSE/CPSE must conduct a comprehensive evaluation to determine eligibility for special education services.

• Transition Planning: For students with autism, transition planning is vital. Beginning no later than the first IEP in effect when the student is 15 years old (or younger, if appropriate), the IEP must include appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills.

• Applied Behavior Analysis (ABA): For many children with autism, ABA is considered a medically and/or educationally necessary service. NYS regulations recognize and can mandate specific methodologies, like ABA, if the CSE determines they are necessary for your child to receive FAPE.

• Due Process: If you disagree with the school district's identification, evaluation, placement, or provision of FAPE, you have the right to mediation or a Due Process Hearing. This legal proceeding allows you to present your case before an Impartial Hearing Officer (IHO).

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What is an Individualized Education Plan (IEP)

An Individualized Education Program (IEP) is a comprehensive document created for students who qualify for special education services under the Individuals with Disabilities Education Act (IDEA). In New York, IEPs are developed by the Committee on Special Education (CSE) at the district level. An IEP goes beyond simple accommodations. It provides specialized instruction tailored to a student's unique needs and includes measurable annual goals. Services might include speech therapy, occupational therapy, counseling, or placement in a specialized classroom setting.

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Key features of an IEP include:

• Requires that the student's disability adversely affects their educational performance

• Provides specialized instruction and related services

• Includes measurable annual goals and progress monitoring

• Reviewed and updated at least annually

• More comprehensive than a 504 Plan​​

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For more information, please see our blog post titled What is the Difference Between IEPs and 504 Plans in New York?

 

What is a 504 Plan?

A 504 Plan, named after Section 504 of the Rehabilitation Act of 1973, is designed to provide accommodations and modifications that allow students with disabilities to access the general education curriculum on an equal basis with their peers. Unlike an IEP, a 504 Plan doesn't provide specialized instruction. Instead, it removes barriers to learning through accommodations such as extended test time, preferential seating, or modified assignments. Students with 504 Plans remain in general education classrooms with their typical peers.

 

Key features of a 504 Plan include:

• Based on a broader definition of disability than IDEA

• Provides accommodations and modifications, not specialized instruction

• Less formal than an IEP

• No requirement for annual reviews, though periodic reevaluation is recommended

• Easier to qualify for than an IEP

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For more information, please see our blog post titled What is the Difference Between IEPs and 504 Plans in New York?

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The IEP Process: What to Expect

An Individualized Education Program (IEP) is a legal document outlining your child’s educational goals and the services they’ll receive. Here’s how the process works:

 

1. Referral and Evaluation: The process begins with an evaluation to determine if your child qualifies for special education services. In New York, you have the right to request an evaluation at any time by writing to your school district. The district must evaluate your child within 60 days of receiving your written consent. The district itself may also request an evaluation. The evaluation must be comprehensive and assess all areas of suspected disability. For autistic children, this typically includes cognitive assessments, speech and language evaluations, occupational therapy assessments, and behavioral observations.

2. Eligibility Determination: A team reviews the evaluation to decide if your child qualifies for special education services.

3. IEP Meeting: Once your child is found eligible, the school district must schedule an IEP meeting. You are an equal member of this team. The IEP team typically includes you, your child's teachers, a school psychologist, a district representative, and any specialists working with your child. You have the right to invite anyone you choose, including an advocate or attorney. During this meeting, the team will develop your child's IEP, which must include your child's present levels of performance, measurable annual goals, the special education services and supports they will receive, and the extent to which they will participate in general education classes. A strong IEP for an autistic child often includes specific services and supports such as speech and language therapy to address communication challenges, occupational therapy for sensory integration and daily living skills, applied behavior analysis (ABA) or other behavioral interventions, assistive technology to support learning and communication, a one-on-one aide if needed, social skills instruction, and transition planning starting at age 15 in New York.

4. Implementation and Review: The IEP is put into action and reviewed annually. You can request changes at any time.

 

Always remember that New York State and federal law provide parents with important procedural safeguards. You have the right to participate meaningfully in all decisions about your child's education. This means you must receive proper notice of IEP meetings with enough time to prepare. You can request an independent educational evaluation (IEE) at public expense if you disagree with the school's evaluation. You have access to all of your child's educational records. You can record IEP meetings, though you should notify the district in advance. You also have the right to prior written notice before the school district proposes or refuses to change your child's identification, evaluation, placement, or services.

 

Important Timelines in New York

Understanding timelines is crucial. The district has 60 days to complete an initial evaluation after receiving your consent. Annual IEP reviews must occur at least once every 12 months. Reevaluations must occur at least every three years, though you can request one sooner. When requesting an impartial hearing, you generally must file within two years of when you knew or should have known about the issue.

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Your Rights as a Parent

As a parent of a child with special needs, you have powerful legal rights, including:

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• Participating in all meetings and decisions

• Reviewing and requesting changes to your child’s records

• Disagreeing with the school’s decisions and requesting mediation or a due process hearing

• Receiving prior written notice before any changes to your child’s services

 

If informal efforts don’t resolve the issue, legal action may be necessary. This can include:

 

• Filing a complaint with the New York State Education Department

• Requesting mediation or a due process hearing

• Pursuing civil litigation in cases of discrimination or denial of services

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While many parents successfully navigate the IEP process independently, there are times when legal representation is advisable. Consider consulting an attorney if the district denies necessary services, your child isn't making progress and the district won't make meaningful changes, you're considering or facing an impartial hearing, you're considering private school placement, or the district retaliates against you for advocating for your child.

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Common Challenges and How to Address Them

• The District Says Services Aren't Available. Lack of available programs is never a legal reason to deny appropriate services. If the district cannot provide necessary services, they must find or create an appropriate placement, even if it means funding a private program.

• Your Child Isn't Making Progress. If your child isn't meeting their IEP goals, this is a red flag that the IEP may not be appropriate. Request an IEP meeting to discuss why goals aren't being met and what changes are needed.

• Placement in a More Restrictive Setting. The law requires education in the least restrictive environment. If the district proposes moving your child to a more restrictive setting, they must justify why your child cannot be educated in a less restrictive environment with appropriate supports and services.

• Disagreements About Related Services. Related services like speech therapy, occupational therapy, and counseling must be provided if your child needs them to benefit from special education. These services should be based on your child's needs, not the district's budget or staffing constraints.

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Parents often face roadblocks such as delayed evaluations, inadequate services, or communication breakdowns. If this happens:

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• Keep Meticulous Records: Maintain a complete file of all evaluations, progress reports, correspondence, and drafts of the IEP. Document every phone call, meeting, email and conversation. correspondence with the school. Take detailed notes at meetings, including who attended, what was discussed, and any agreements or disagreements. Follow up verbal conversations with written emails summarizing what was discussed. Track your child's progress on IEP goals.

• Know the IEP Inside and Out: Understand every goal, service minute, accommodation, and placement decision. Do not sign the IEP until you fully agree with its contents.

• Request Independent Educational Evaluations (IEEs): If you disagree with the school district's evaluation, you have the right to request an IEE at public expense. This allows a non-school employed professional to conduct an assessment.

• Consider Legal Counsel: The special education process is complex and often adversarial. Consulting with an attorney experienced in NYS special education law can provide invaluable guidance, help you prepare for CSE/CPSE meetings, and represent you in Due Process proceedings to ensure your child’s rights are protected.

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If you believe your child is not receiving appropriate services, you have several options:

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• Request an IEP Meeting. You can request a meeting at any time to discuss concerns and propose changes.

• Mediation. This is a voluntary process where a neutral mediator helps you and the district reach an agreement. It's free and can be faster than a hearing.

• File a State Complaint. You can file a complaint with the New York State Education Department if you believe the district violated special education law.

• Request an Impartial Hearing. This is a formal legal proceeding before an impartial hearing officer. You have the right to be represented by an attorney. The hearing officer's decision is legally binding and can order the district to provide services or reimbursement.

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Extended School Year (ESY) Services

Many children with special needs experience regression during long breaks from school. If your child needs services beyond the standard school year to prevent substantial regression, they may be eligible for extended school year (ESY) services.

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Legal Protections for Students with Disabilities in Disciplinary Hearings

Students identified under the Individuals with Disabilities Education Act (IDEA) and Section 504 have additional procedural rights in school disciplinary actions. For any suspension or removal that counts as a disciplinary change in placement, parents must receive written notice and the procedural safeguards outlined by law.​

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If a student has not been formally identified as having a disability, protections extend if the school is deemed to have prior knowledge, such as if parents expressed concern, requested an evaluation, or staff raised suspicions before the incident. These students are “presumed to have a disability for discipline purposes” and receive the same protections during disciplinary action.​

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Before imposing long-term suspensions or significant punishment, schools must conduct a “manifestation determination review.” This is a meeting with the child’s parents and relevant professionals to decide if the behavior stemmed from the student’s disability or if the school failed to implement the child’s Individualized Education Program (IEP).​

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If the behavior was a manifestation of the disability, the school may not remove the student for more than ten days. Additional disciplinary action must directly relate to the behavior and take into account necessary supports and services.​ If the conduct was not related, standard disciplinary actions may be imposed, but the child must still receive appropriate educational services. The team must review all relevant information (including the IEP/504 Plan, teacher observations, and evaluations) to see if either of the following is true:

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1. Direct and Substantial Relationship: Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child’s disability?

2. Failure to Implement IEP: Was the conduct the direct result of the school's failure to implement the child's Individualized Education Program (IEP) or Section 504 Plan?

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If the answer to either question is YES, the behavior is deemed a manifestation of the disability.

 

Parents are entitled to due process, which includes the right to a hearing, notice, and opportunity to appeal. At disciplinary hearings, the school presents evidence, and a hearing officer determines guilt. If found guilty, the student’s disability and disciplinary record influence the penalty phase. Families can appeal decisions to the district and higher authorities.​

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For suspensions longer than five school days, a formal Superintendent's Hearing is required under New York law. When the student is one with a disability, this hearing is often "bifurcated" (two-part):​

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1. Guilt Phase (Fact-Finding): Determines if the student committed the alleged misconduct.

2. Penalty Phase: If the student is found "guilty," this phase considers the appropriate disciplinary penalty. For students with disabilities, the MDR results and the special education records are required to be considered as mitigating factors in the penalty phase, regardless of the MDR outcome.

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New York law recognizes three special circumstances where schools have additional authority even when conduct is a manifestation of disability. A school may place a student in an interim alternative educational setting (IAES) for up to 45 school days if the student:

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• Carries a weapon to school or a school function

• Knowingly possesses, uses, sells, or solicits illegal drugs at school or a school function

• Inflicts serious bodily injury upon another person at school or a school function

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Even in these cases, however, the student must continue to receive educational services and progress toward IEP goals. The placement must be determined by the IEP team and allow the student to participate in the general curriculum, even if in a different setting.

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For more information, please see our blog post titled Protecting Your Child's Rights: How New York Law Considers Disabilities in School Disciplinary Hearings​​​​

Extracurricular Activities

Both Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA) require schools to provide students with disabilities equal opportunity to participate in nonacademic and extracurricular activities. Section 504 explicitly states that schools must provide nonacademic services in a manner that gives students with disabilities an equal opportunity for participation. The IDEA reinforces this by requiring that students with IEPs have access to extracurricular and nonacademic activities to the maximum extent appropriate. This means your child's protections don't end when the final bell rings. They extend to sports teams, drama club, school newspaper, student government, field trips, and any other school-sponsored activity.​

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A 504 Plan can include accommodations that allow a student to participate safely and effectively in sports and activities. These might include:

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For Athletics:

• Modified practice schedules to accommodate medical treatments or fatigue

• Permission to carry and self-administer medication (such as an inhaler for asthma or insulin for diabetes)

• Rest breaks during practices or games

• Dietary accommodations for team meals or events

• Communication aids for students with hearing impairments

• Modified equipment or rules when appropriate​

 

For Other Extracurricular Activities:

• Accessible meeting locations for students with mobility impairments

• Sign language interpreters or CART services for deaf or hard-of-hearing students

• Extended time for completing club projects

• Modified participation requirements (for example, adjusted attendance expectations for a student with chronic illness)​

 

The key principle is that accommodations should enable participation without fundamentally altering the nature of the activity. A student with a 504 Plan who wants to play basketball, for instance, might need permission to check blood sugar levels during games, but the rules of basketball itself wouldn't change.

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While IEPs primarily focus on educational services, they must also address extracurricular participation when it's necessary for the student to receive a free appropriate public education (FAPE). The IEP team should consider whether supports or modifications are needed for the student to participate in nonacademic activities alongside their peers.​

 

An IEP might include:

• Related services that support extracurricular participation (such as transportation to after-school activities)

• Behavioral intervention strategies that apply to sports or club settings

• Communication supports for activities outside the classroom

• Goals that incorporate extracurricular participation when it's educationally beneficial

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For example, if a student with autism has social communication goals, the IEP might specifically incorporate participation in a structured club or team activity as part of the intervention plan, with appropriate support from a paraprofessional or behavior specialist.

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Harassment and Bullying

What Constitutes Bullying Under New York Law?

New York's Dignity for All Students Act (DASA), enacted in 2012, defines harassment and bullying as the creation of a hostile environment through conduct, verbal threats, intimidation, or abuse that:

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• Has or would have the effect of unreasonably interfering with a student's educational performance, opportunities, or benefits

• Reasonably causes or would reasonably be expected to cause a student to fear for their physical safety

• Reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student

• Occurs on school property, at school functions, or off campus when it creates a risk of substantial disruption within the school environment

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Importantly, DASA applies to all students, not just those with disabilities. However, when a student with a disability is bullied, additional federal protections may apply.​

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When Bullying Becomes a Denial of FAPE

Under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, students with disabilities are entitled to a Free Appropriate Public Education (FAPE). When bullying is severe, pervasive, or persistent enough that it prevents a student from receiving educational benefit, it can constitute a denial of FAPE.

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This is where the intersection of special education law and anti-bullying protections becomes crucial. Schools cannot simply address bullying through their general disciplinary procedures if the harassment is affecting a disabled student's ability to access their education. The district may need to:

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• Convene the Committee on Special Education (CSE) to review and potentially revise the student's Individualized Education Program (IEP)

• Add supports, services, or accommodations to address the impact of bullying

• Consider whether a change in placement is necessary

• Provide compensatory services if the student has lost educational benefit

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Disability-Based Harassment

When bullying targets a student because of their disability, it may constitute disability-based harassment under Section 504 and Title II of the Americans with Disabilities Act (ADA). This creates additional obligations for the school district.​

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The U.S. Department of Education's Office for Civil Rights has made clear that schools must take immediate and appropriate action to investigate allegations of disability-based harassment. If the harassment is confirmed, the school must take steps to eliminate the hostile environment, prevent recurrence, and address the effects on the targeted student. Examples of disability-based harassment include:​

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• Mocking a student's speech impediment or communication device

• Imitating a student's physical disability or gait

• Calling a student derogatory names related to their disability

• Excluding a student from activities because of their disability

• Physical aggression targeting a student perceived as vulnerable due to their disability

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Contact A Syracuse Special Education Law Attorney Today

If you are struggling to secure necessary services, disagree with an IEP, or believe your child is not receiving the proper services or accommodations, contact our office today for a consultation with an experienced Syracuse special education law attorney to discuss your case. Every autistic child deserves an education that nurtures their potential. Understanding the law is the first step toward securing that future. Contact us today to schedule a free confidential consultation to discuss your case.​​

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For more information, please visit our blog post titled Special Education and the Law: A Guide for Parents of Autistic Children

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Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Viewing this site or contacting us through it does not create an attorney-client relationship. Past results do not guarantee similar outcomes.