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Education Law

Education Law Counsel In The Hudson Valley

With a diverse education law practice, our attorneys represent students and their families throughout the entire process. Stenger, Roberts, Davis & Diamond, LLP (SRDD Law) advocates for your child to ensure he/she receives an appropriate education in a healthy and safe environment.

The committees, hearings and meetings that go along with protecting your child’s right to an education can be intimidating and difficult to handle on your own. Teachers and administrators come into the meeting with the upper hand, and you may feel as though your input is being disregarded.

SRDD Law can provide advocacy and guidance at meetings, hearings (i.e., disciplinary or suspension hearings) and other student driven matters.

Special Education Law Throughout the Hudson Valley

Whether your son or daughter needs accommodations for a disability or they are facing undue disciplinary action, our experienced special-education lawyers can help ensure the system works for you, not against you.

We’ll help you understand your child’s rights, your options, and how to get your child the education he or she deserves. At SRDD Law, we protect the rights of students throughout the entire Hudson valley area.

We have helped students with special needs including:

  • Attention Deficit Hyperactivity Disorder (ADD / ADHD)
  • Autism/Asperger
  • Pervasive Developmental Disorder (PDD)
  • Dyslexia
  • Tourette Syndrome
  • Personality Disorders
  • Bipolar Disorders
  • Obsessive Compulsive Disorder (OCD)
  • Depression
  • Anxiety

What Is the Role of a Special Education Attorney?

Every child has the right to a free and appropriate public education (FAPE). Unfortunately for children with disabilities this can be very challenging, and at times, out of reach.  At SRDD Law we protect the rights of students throughout the Hudson valley area and represent clients in the following matters:

Committee on Special Education (CSE) meetings: This is a committee for the classification and determination of a child’s educational needs and services. An Individualized Education Program (IEP) is a document that outlines the educational needs, goals, services for a child’s education.

504 meetings: Section 504 is a federal law enacted to protect students with disabilities from discrimination at school. At a 504 meeting, the parties determine if a student is a qualified disabled person under Section 504 and what 504 plan should be developed to accommodate his or her needs.

Impartial hearings: parents initiate Impartial hearings when they believe their child with a disability may not have been provided a free and appropriate public education. To the extent the parent is successful at a hearing, the school district may be ordered to pay a parent’s attorneys fees. Parents can seek a myriad of forms of relief at an impartial hearing, including private school tuition, specific assessments performed by evaluators of their choosing, tutoring, PT, OT, or other services. Alternatively, if parents have already paid privately for any of the above, they may be able to seek reimbursement for the same from the school district.

“…every child should have the chance to meet challenging objectives”
Chief Justice Roberts Endrew F. ex rel. Joseph F. v. Douglas Cnty. Sch. Dist. RE-1, 137 S. Ct. (2017).

Bullying, Discrimination & Mistreatment

Federal discrimination laws: These laws require schools that receive federal funding (i.e., public schools) to develop and implement policies that prevent, and address discrimination based on gender, sexual orientation, race, religion or national origin. To the extent schools fail to develop policies and address discrimination or mistreatment based on a student’s membership in a protected class, the school could be held liable in federal court.

The Dignity for All Students Act (The Dignity Act): This statute has been introduced to ensure schools respond to allegations of bullying in an appropriate and timely matter. It requires public school to investigate incidents of bullying and implement a safety plan, if appropriate.

Student Discipline Lawyers

Appeals of short term suspensions:  while a student suspended for five days or less is not entitled to a hearing to determine whether the school has met is burden, the suspension still remains on the student’s record. We appeal short term suspensions to the Superintendent of Schools, the Board of Education, the Commissioner of Education, and State and federal courts.

Long term suspension hearings: our student discipline attorneys represent student at long term suspension and expulsion hearings convened under Section 3214 of the NYS Education Law. Children subjected to long term suspensions are entitled to certain State and federal protections, and we ensure that your child’s rights are protected. In addition to representing parents and students at the disciplinary hearing, we also represent them at the Manifestation Determination Review as well as appeals to the Board of Education, the Commissioner of Education, and State and federal courts.

Did your son or daughter receive disciplinary charges? Did your principal tell you that the school is planning on suspending your child? Call us today and learn about your child’s rights.

Contact Us Today

Schedule a consultation, or send a message to our education law team and someone will get back to you within 24 hours.