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S P R I N G 2 0 1 5
31
Families of Children with Special Needs and the
Importance of Securing an Appropriate Education
In 2014, the Individuals with Disabilities
Education Act (also known as the
IDEA) celebrated a decade as a federal
law codifying the services and rights
guaranteed to children with disabilities
in the United States.
1
Implemented in
2004, its effectiveness continues today
ensuring legal protections for special
needs children and their families. The
concept of this law was born out of the
many Civil Rights laws of the 1960s
and in the spirit of the decision in
Brown v. Board of Education and its
progeny. All children with disabilities
(regardless of wealth or status) have the
same opportunity to receive a free and
appropriate public education (FAPE),
and states must endow educators with
the tools necessary to provide students
with effective educational programs
that recognize their unique needs.
This article focuses on school-aged
children (ages 4-21) in the United
States. Children facing problems with
cognitive, physical, adaptive, language,
social and/or emotional development,
and other delays must not be ignored or
overlooked in our education system and
must be afforded an education tailored to
help them reach their educational goals,
and prepare them for further education,
employment and independent living.
2
Obtaining education services is
critically important for special needs
children. Studies have shown that the
earlier these services are provided,
the more beneficial the services will
be to the growth, improvement and
overall development of the child.
Early intervention services such as
speech therapy, reading and writing
interventions, occupational therapy
and behavioral therapy, to name a few,
should be offered as soon as possible
and are important in child development.
Both parents and school districts can
expect that starting services later in
childhood will end up being more
costly than if services began at an
early age. As recognized by the Center
on the Developing Child at Harvard
University, "[w]hen we do not make
wise investments in the earliest years,
we will all pay the considerable costs of
greater numbers of school-aged children
who need special education and more
adults who are under-employable,
unemployable, or incarcerated."
3
The first step is identifying whether
a child has special needs and could
qualify for services under the IDEA.
It is important that parents and school
districts play active roles in identifying
a student's disability. Within the
IDEA, the Child Find mandate places
responsibility on schools to identify,
locate and evaluate children with
disabilities within their jurisdiction
(even children in private or parochial
schools, non-domiciled children,
children in foster care or in hospital
settings).
4
Even if the school district may
not have a program tailored to the unique
needs of the special needs student, it is
still the responsibility of the educators
to recognize the student's difficulties and
North America ­ United States
Jennifer M. Frankola is an associate at Lewis Johs Avallone and
Aviles, LLP, where she co-founded the education practice group in
the spring of 2010. A former full time public school teacher, she
represents children of all ages with special needs and their families
throughout the administrative, state and federal due process
proceedings. She counsels parents and negotiates with school
districts throughout the New York metro area.
Julie C. Ruggieri is an associate in the litigation department at the
firm. She handles general liability cases and assists the education
practice group in preparing briefs and appeals.
Lewis Johs Avallone Aviles LLP
61 Broadway, Suite 2000
New York, New York 10006
212.233.7195 Phone
212.233.7196 Fax
jmfrankola@lewisjohs.com
jcruggieri@lewisjohs.com
lewisjohs.com
Jennifer M. Frankola
Julie C. Ruggieri