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New York State Law Regarding 504 And Iep

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New York State Law Regarding 504 And Iep

Postby colten » Tue Jun 24, 2014 1:40 pm

Our daughter was diagnosed with Aspergers Syndrome in the fall of 2005.  Since then we have been battling with our school district over a plan for her.  I am constantly being told that according to New York State law they do not have to give her accomodations because she is consistantly above average academically.  She is always on honor roll or higher.  They contend that she isn't showing any academic failure so in their eyes there is no problem.  I contend that the emotional toll the school day takes on her has increased her depression, which has been documented by her therapist.

So, what is the law?
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New York State Law Regarding 504 And Iep

Postby Kaysan » Fri Jun 27, 2014 1:24 am

Hi Teri,

First, I want to express that I am not a lawyer, but have been in the special education field for over 13 years and can give you some insight on where to start.

The law does not say that your child has to be below average academically to receive help.  The purpose of IDEA is to prepare your child for further education, employment and independent living.  Obviously, deficits other than academics can effect these areas.

Have you requested testing from your district?  An initial request in writing on why you want her evaluated by the district is needed.  They must respond to your request in writing if they are denying the evaluation and why.  If you have that in writing as of now, I would be able to further assist you once I knew what their reasoning was for denial of an evaluation.

Overall, a diagnosis of a disability does not entitle your daughter to services and most likely you are relying a lot on her diagnosis to assist her in achieving help in school.  The diagnosis is not the key factor, it is the symptoms of the diagnosis and their effect socially and emotionally within the school environment is the best negotiation place to start.

Remember, you need to speaking from facts, not emotion at all times with the school.  Yes, the law is on your side in this point.


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