We provide real-time counsel and documentation support throughout the Committee on Special Education (CSE) process—from initial referrals to annual reviews and program placements. Our attorneys help ensure that Individualized Education Programs (IEPs) are procedurally and substantively appropriate. We assist with:

 

• Interpreting evaluations and classification decisions

• Drafting legally compliant IEP goals and services

• Determining least restrictive environment (LRE)

• Addressing parent concerns and requests for services

• Coordinating with related service providers and outside evaluators

When disagreements with parents arise, we represent districts in all phases of dispute resolution, including impartial hearings, state complaints, mediation, and appeals to the State Review Officer (SRO). Our legal team provides:

 

• Pre-hearing case analysis and settlement strategy

• Drafting and responding to due process complaints

• Representation at impartial hearings before IHO panels

• Appeals to the SRO and, when necessary, federal court litigation

• Negotiation of resolution sessions and settlement agreements

We counsel districts on obligations under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA)—particularly for students who do not qualify under IDEA but still require accommodations. We support:

 

• 504 eligibility determinations and plan development

• Addressing medical, emotional, and behavioral disabilities

• Ensuring access to extracurriculars, athletics, and field trips

• Responding to OCR complaints and compliance reviews

• Training staff on 504 implementation and student rights

Disciplining students with disabilities raises unique legal challenges. Our attorneys provide immediate, informed guidance to ensure districts follow the proper procedures under IDEA, Section 504, and New York Education Law. We advise on:

 

• Manifestation Determination Reviews (MDRs)

• Interim Alternative Educational Settings (IAES)

• Use of restraint and time-out policies (Part 201 compliance)

• Behavior Intervention Plans (BIPs) and Functional Behavioral Assessments (FBAs)

• Emergency removals and short/long-term suspensions

Proactive compliance starts with well-crafted policies and well-informed educators. We help districts update their special education policies, procedures, and staff training programs in line with changing laws and regulations. We offer:

 

• Staff workshops on CSE process and documentation

• Legal updates for special education administrators

• Policy review and compliance audits

• Assistance with NYSED monitoring and corrective action plans

• Crisis response training for emotionally disturbed or medically fragile students