The Law Offices of Adam Dayan represents parents of children with special needs in pursuing appropriate educational programs and services for their children. We represent children of all different ages who have a wide range of special education needs. It is never too early for a parent to seek help. We encourage parents to become informed early, and we provide guidance through all stages of the special education process.
New Mission
New Mission
My mission is to explore how other countries around the world are dealing with education and special education issues.
I would like to visit and observe different types of schools that have proven records of success, wherever those schools may be. I would like to meet with school directors and administrators, government officials, leaders in the business world, and others who are responsible for implementing education systems or otherwise connected to education to learn more about how education is being addressed in their communities.
If you know of any remarkable schools in other parts of the world (especially special needs schools), please let me know about them. If you know of any education experts who are engaged in remarkable work in this field, please introduce me to them.
Please do not hesitate to share your thoughts or ideas regarding the above. Read more about my mission here.
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Sunday, April 17, 2011
SRO Bates Decides That Parents Are Not Entitled To Reimbursement For 1:1 Paraprofessional
SRO Bates, however, took the position that "absent a determination by the impartial hearing officer that there was a denial of FAPE, no basis exists upon which to predicate an award of additional services." If the CSE offered FAPE for that school year, the school district would not be liable for tuition reimbursement for the private school. However, regardless of whether FAPE was offered, it is the parents' prerogative to send their child to a private school and if the parents choose to do so, the school district is still required to provide the related services recommended on the IEP. Under New York law, a CSE must "assure that special education programs and services are made available to students with disabilities attention nonpublic schools located within the school district on an equitable basis, as compared to special education programs and services provided to other students with disabilities attending public or nonpublic schools located within the school district." NY Educ. Law 3602-c. The SRO makes no mention of this provision and seems to have ignored it altogether. As of the November 2009 IEP meeting, the CSE believed that this child required a 1:1 paraprofessional. There is nothing in the record to suggest that the school district provided a para to the student at the private school and the parents therefore have a basis for reimbursement for the expense they incurred due to the district's failure to provide the service.