New York Special Needs | Littman Krooks, LLP
(914) 684-2100
Home  |  Our Firm  |  Attorneys  |  Staff  |  Blog  |  Contact  |  Employment  |  Directions

How Technology Assists People with Disabilities Lead Better Lives

May 16th, 2021

Children with serious chronic illnesses face immense obstacles in education and socialization. Until recently, it was not possible for a homebound or hospitalized child to attend school. However, it is happening now, with the assistance of telepresence robots. These robots, which consist of a rolling screen with a camera, microphone and speakers, allow users to hear, see, interact and move around in real time in a faraway place. They are being used to allow students with chronic illnesses to participate in traditional school environments for the first time. A child who must be at home or in the hospital can use a telepresence robot to attend classes in different classrooms, participate in small group discussions and talk with friends. This level of participation can help chronically ill students overcome their isolation, and it provides educational and social benefits that cannot be obtained from individual tutoring. Telepresence robots hold great promise for students with serious illnesses, but there are obstacles to their use, including the cost of the technology and the fact that not all school districts permit them.

For other students with special needs, a wide variety of smartphone and computer applications have been developed to help with educational and adaptive needs. These include apps that help students with communication skills, or that help young adults with vocational training. Read about how “Technology Makes Things Possible” at Autism Spectrum News.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.


Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here or sign up for our monthly newsletter.

Share

Tips for Parents on How to Adapt to a Special Education Remote-Learning Environment

October 9th, 2020

For many families, one of the most challenging aspects of the pandemic has been ensuring that their children continue to receive the education they need. This has especially been the case for parents of children with disabilities. Initially, many service providers closed due to the stay-at-home orders. Since these facilities have started to reopen, staff, parents and children continually need to adjust to the new learning environment.

Across the country, states and individual school districts have taken wildly different approaches to education during the pandemic. For many families, remote-learning has become the new norm. Shifting from in-person education to remote-learning can present difficulties for parents of children with disabilities. Below are a few tips parents can use to help them navigate the new educational landscape. Littman Krooks Special Needs

  • Adjust Expectations – For students with an IEP, the IEP remains effective regardless of whether they are enrolled in virtual learning. However, certain services provided for in the IEP may no longer be available. Additionally, some students may be dealing with a greater achievement gap given the sudden shift to online learning toward the end of last year’s academic year. Parents should not hesitate to address these changes, and can set up an IEP meeting to discuss their child’s goals and progress with educators.
  • Focus on Friends – Over the past few months, ensuring that a child gets the appropriate amount of social interaction has been a challenge. While it may have initially been tempting to wait until it is safe to go out and socialize freely, there is no real estimate of when that will be. Thus, parents should be sure to set aside time for their children to socialize. Of course, while being mindful of the health risks of close contact.
  • Be Available – Children must adjust to the new learning environment, even more so than parents. Thus, parents will benefit from setting aside time early on in the school year to ensure that their children understand how remote-learning works and what is expected of them.
  • Maintain a Schedule – Children, especially those with disabilities, need consistency. If a student knows that they will be logging on to school every day at 10 a.m., they will eventually become used to the routine, making it easier on the parents and child. When setting up a schedule, it is important to be realistic. For example, a child cannot sit in front of a computer for eight hours at a time and remain productive. Instead, consider allowing children to take frequent short breaks and let them determine how they spend their break time (just as they would at recess).
  • Stay Positive – It may help to remember that parents, students and educators are all in this together. This is a challenging time for most families who are relying on distance-learning. And while remote-learning for a child with a disability may raise additional hurdles, they can be overcome with patience and support.
  • Know Your Rights – Schools must still provide all the necessary services during the pandemic. Earlier this year, school districts struggled with how to provide the necessary support for students with special needs while ensuring a safe environment. That said, over the past few months, significant changes have been made. However, if a school is not meeting its requirements under the Individuals with Disabilities in Education Act, families should reach out to a special education advocate to go over their options.

Is Your Child’s School Not Providing the Necessary Support?

If you believe that your child’s school is not providing your child with the education that they need, deserve and are entitled to, contact one of the knowledgeable special education advocates at Littman Krooks, LLP. While the COVID-19 pandemic has impacted the way in which many services are provided, schools are still required to comply with a student’s needs as laid out in their IEP.

The dedicated team of special education attorneys at Littman Krooks, LLP, have a comprehensive understanding of the educational requirements as they pertain to students with special needs. Our lawyers use their advanced knowledge to ensure that every student gets the education they need and deserve. At Littman Krooks, we have been helping New York families for over 30 years. Our knowledgeable New York special education attorneys can be reached 914-684-2100. You can also contact us at https://www.littmankrooks.com/.

 

 

 

Share

Obtaining Services for Children with Special Needs During the Pandemic

September 16th, 2020

Studies show that approximately 90 percent of a child’s brain development occurs before the age of five. For children with learning disabilities or other special needs, these early years are crucial. Early intervention, sometimes even before a child has a diagnosis, can be extremely effective. As one special education expert explained, “If you miss that critical window of opportunity, when delays or issues can be addressed, then it becomes more difficult and more expensive to intervene later on.”

Historically, daycare, preschool and kindergarten have been one of the primary ways that children who may have special learning needs are identified. Often a teacher notices that a child is struggling while learning in a group of other children. The teacher informs the child’s parents, who then can seek out the appropriate services and support. Parents can easily miss these cues in their own children, as they may not have the knowledge and experience necessary to identify possible issues and often lack the ability to see their child learn side-by-side with other children.

Given the new norm of social distancing and distance learning, schools and many daycare facilities are closed, or operating with limited hours. Consequently, a significant avenue of detection and referral has dried up. In recent months, many special education experts raised concerns that the number of children referred for special education services will decrease, leaving many children without crucial support. Compounding these concerns is the fact that many parents hesitate to take their children to the doctor’s – the second major source of special education referrals – given concerns surrounding COVID-19.

For those children who were receiving special education support before the pandemic struck, many services have been eliminated or reduced. While some support centers provide some level of online services, not all services can be appropriately delivered online. Thus, many support centers are seeing business dry up. According to a recent news report, many disability service providers are on the brink of collapse, given the recent reduction in children obtaining services.

The importance of early intervention is undisputed. Typically, a child’s school is the primary source of referral. However, with schools closed, this puts additional pressure on parents. However, federal law requires schools to provide students with an appropriate education, even in times like these. Thus, schools have an obligation to identify and refer students who have special needs.

Parents who are concerned that their children are not receiving the education they need to thrive should consider reaching out to a special education attorney for immediate assistance.

The dedicated team of special needs advocates at Littman Krooks, LLP has a comprehensive understanding of the educational requirements as they pertain to students with special needs, and use this knowledge to ensure that every student gets the education they need and deserve. Littman Krooks has been helping New York families for over 30 years. The knowledgeable attorneys at Littman Krooks can be reached 914-684-2100. You can also contact them at https://www.littmankrooks.com/.

 

Share

Ten Tips for New York Families in the Wake of the Coronavirus

March 13th, 2020

By Marion M. Walsh, Esq., Littman Krooks LLP

We at Littman Krooks know how challenging this time is for families. New York, along with Washington State, leads the U.S. in cases of Coronavirus (COVID-19). The pandemic will strain public resources and services for all. We do not have all the answers, as current events are unfolding, but provide information and assurance for families.

We know that school closures are occurring everywhere, due to public health concerns. The New York State Department of Education (NYSED), together with the New York State Department of Health (NYSDOH) on March 9, 2020, issued School Guidance to public school districts for planning. In addition, the CDC, on March 12 2020, issued interim CDC School Guidance to  school districts on closures. Some private schools or school districts will have to close for a certain period and many will consider providing distance learning.

Impact on Students with Disabilities

COVID-19 and the disruptions and school closure  will affect all families and cause stress and interruptions. Yet the pandemic and closures will inevitably have a disproportionate impact on students with fragile health conditions and students with disabilities. The US Department of Education has issued USDOE Guidance for help with IEP services.  Federal and state law  do require that students with disabilities continue to receive a free appropriate public education. You will need to work with your child’s providers and with your school district to ensure your child receives appropriate services and support. However, keep in mind that the USDOE Guidance states that if a school district  closes its schools to slow or stop the spread of COVID-19, and does not provide any educational services to the general student population, then the district would not be required to provide services to students with disabilities during that same period of time, although in some circumstances, compensatory services may be needed.  As most New York School Districts will endeavor to provide some kind of student distance learning however, the school districts that do this must ensure appropriate and accessible services for students with disabilities.

We have compiled an action/information plan for all families with  special attention to families of children or teens with disabilities or students with fragile physical or mental health conditions:

Basic Tips

  • Ensure that you keep your child calm and reassured. You can review basic Health-Crisis Guidance  from the National Association of School Psychologists for how to speak to children and reassure them. Remember that your children will react to and follow both your verbal and nonverbal reactions.  Your statements about  COVID-19, current prevention efforts, and related events can either increase or decrease your children’s anxiety.  Remind your children that you and the adults at their school are there to keep them safe and healthy. This NPR comic video  may be helpful to explain the virus to students.
  • Review and Follow Basic Hygiene. Review and re-enforce the importance of hand washing and important hygiene protocol with your child.  Students with intellectual disabilities may need help and reinforcement. The CDC has provided information on how hand washing can be a family activity.
  • Keep as much structure at home if possible.  To the extent possible, maintain a sense of normalcy in your home while keeping expectations reasonable. Parents can ask teachers for additional homework that parents can use to ensure that the student is being academically challenged or receiving consistent academic material.  However, do not push children or teens if they seem overwhelmed.  While stressful and difficult, this can be a chance for family time and togetherness.   The closings and limited activities disrupt our routine but may give us a chance to enjoy some of the basics at home such as family game nights, conversation, good books.  Each family has its unique structure and idiosyncrasies and to the extent you can, try to figure out for your family a path to come out of this stronger and more united.

Parent Support

  • Seek Flexibility with Employer if Needed.  If you work outside the home and are the primary caregiver for your child, you should seek flexibility with your employer and ask about the ability to work remotely or to take a leave of absence.  The Family Medical Leave Act, in general, protects employees in workplaces with 50 employees or more and allows unpaid leave of absence to care for family members, for up to 12 weeks, without penalty.
  • Rely on Virtual Support Groups.  Parents can derive help and support from other parents in similar situations.  Reach out via social media to find support groups with similar issues to ones you are facing.  A virtual community of other parents, while not a substitute for person-to-person interaction, can help you locate resources and share experience on certain issues.

Student Services Options

  • Obtain Medical Documentation for Student’s Unique Needs. If schools remain open, do not assume that your school district will automatically grant requests home bound instruction or other services as you may  need current documentation.  If your child is medically fragile or immuno-suppressed, obtain a letter from your child’s doctor and submit it to your school district to ask that home instruction, provided by the school district, begin as soon as possible. For students who cannot attend school and have medical documentation, New York Education Law  requires that home bound instruction must be available for students who reside in the district if they require it. For children with disabilities who are absent for an extended period of time because of a COVID-19 infection when the school remains open, according to USDOE Guidance, then for each child, the IEP Team must determine whether the child is available for instruction and could benefit from home bound services such as online or virtual instruction, instructional telephone calls, and other curriculum-based instructional activities, to the extent available.
  • Review Options for Online or Virtual Services for Your Child. Public safety protocols may limit the ability of providers or health care workers to work directly with students. For services, such as physical therapy or occupational therapy, it is not possible to obtain these services virtually. However, other services, such as home instruction or, in some circumstances, counseling, may be appropriate remotely or virtually.
  • Document Missed Services. If needed and possible, you should see if providers will come to your home to provide services. If a child does not receive services during a closure, a child’s IEP team (or appropriate personnel under Section 504) must make an individualized determination whether and to what extent compensatory services may be needed, consistent with applicable requirements, including to make up for any skills that may have been lost. For any school closures or interruptions in services, document any  services your child has missed and keep records and documentation of any regression. Ask the school district to provide related make up services.
  • Understand Option of Home Schooling. Home schooling is different than home bound instruction and if you are worried about your child’s health, you may consider home-schooling. New York State Home Schooling Guidance  explains that parents must file for an Individualized Home Instruction Plan New York. Home-schooled students, like students parentally placed in private school, are eligible for certain District of Location services, including related services, through an IESP. Here are other resources: Families Unschooling In New York; New York Home Educators’ Network

If Quarantined.

  • Review Guidance if under Voluntary or Mandated Quarantine or Containment. Families must review Containment Guidance. Keep in mind that persons under mandatory isolation or mandatory quarantine can walk outside their house on their own property, but they must not come within six feet of neighbors or other members of the public. The Containment Guidance notes that families may need assistance with many basic necessities as well as mental health or social needs and supplies, but does not give tips on how to get this assistance.

The COVID-19 situation is evolving and new protocol may be available and required. The above tips do not constitute legal advice or any type of medical advice. Consult with your child’s doctors or providers for information on health protections for your child. If you believe that your school district is not appropriately serving your child, it is wise to consult with an attorney who specializes in education law. We at Littman Krooks are here to answer any questions, as well. Our office will be functioning through the outbreak—whether virtually or in-person– and please reach out to any of us.

Please remember that, In the past two decades, we have gone through 9/11, the tragedies and echoing repercussions of Sandy Hook and Parkland, hurricanes and other disasters as well as other defining moments. We will  persevere through this as well. We have learned that a positive, calm, rational and proactive  response to disasters and fears  can create resilience for all of us, including our children and help build a stronger society. For your children, try not to  succumb to  fear, anger, and confusion, but work to be a light to others to lead them through.

Learn more about elder lawestate planning and special needs planning at http://www.elderlawnewyork.com  & www.littmankrooks.com. Have questions about this article? Contact us.


Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here.

 

Share

Expressive Arts Program Introduced at Burke Rehabilitation Hospital

February 13th, 2020

Our guest bloggers this week is Eileen Andreassi, MA, CTRS & Megan Frisco, CTRS from Burke Rehabilitation Hospital

The Recreational Therapy Department at Burke Rehabilitation Hospital provides a comprehensive array of programs for patients and individuals living in the community. Beyond the extensive Adaptive Sports program, Burke is expanding options to other adaptive recreation areas including the expressive arts.  Recreational Therapists at Burke use art within treatment sessions to help patients achieve positive outcomes.  They are expanding this popular activity and offering it to the community via PeaceLove creative workshops.

The PeaceLove project was started in 2009 by two cousins, one of whom was diagnosed with a mental illness.  Although he never used any art supplies to create anything prior to his diagnosis, he found that painting helped to greatly ameliorate his symptoms.  And so a movement was born to bring expressive arts opportunities to people with any type of illness or injury.

Megan Frisco, a Certified Therapeutic Recreation Specialist (CTRS) recently completed her course work in this innovative expressive arts approach. Megan is now providing workshops based on the concept of helping people express themselves while finding peace of mind.  Through the use of a variety of art supplies, the workshops strive to allow people to tap into their inner strength and express themselves without words.  Participants are invited to share about their creation or how they felt during the process.  Sharing is voluntary and it is a judgment-free zone.

For the first PeaceLove workshop, Megan implemented a program called Creative Calisthenics.  Participants included in-patients, family, visitors, community members, and volunteers. The session was built on unexpected twists and turns to challenge individuals to get out of their comfort zone and feel okay with things out of their control.

After riotous laughing and passing the canvases multiple times, the person who started the canvas wound up with it.  Everyone agreed it looked a lot different than if they’d finished it.  There was group consensus the process was great as each person had contributed to its creation.  Some people stated it felt weird giving their painting away the first few times but they learned to let go of that feeling as they shared it.

Program evaluation comments included: “It was both calming and stimulating”; “This workshop helped me realize I should be less judgmental”; “To me my project means, out of darkness, there’s light and healing” and “My project means hope: things do get better”.

Based on very positive feedback, the first program was a huge success and the objectives of providing a safe space for creativity and expression in a non-verbal manner were achieved.  We look forward to continuing to offer this new and exciting approach to people in our community.

If you are interested in joining this or any other Burke Adaptive Sports and Recreation program, please contact Eileen Andreassi at 914-597-2248 or email adaptivesports@burke.org.

 

 

 

 

 

 

Share

How Unified Sports Foster Inclusion on the Field, and Beyond

November 13th, 2019

Playing sports on a school team is an experience many people will treasure for a lifetime. Students with certain disabilities do not get a chance to play on a sports team. These students stand to benefit greatly from an opportunity to play.

Unified sports are sports in which players with disabilities and partners, players without disabilities, can play on sports teams together. These teams practice together, play games against other teams, and give the schools and communities to which they belong something to come together and cheer for. The Special Olympics developed the Unified Sports model.

One of the biggest benefits of unified sports programs is the inclusion they promote, both on and off the field. Students can build relationships with others they may not regularly interact with. This is a two-way street for the Unified Sports teams. The athletes with disabilities can explore the fun of sports, and the partners who play with them can make new friends.

These programs encourage physical activity and exercise. They give the Unified Sports athletes the great pride that comes along with growth and sportsmanship.  The sense of belonging on a team or within a community is an underestimated reward for everyone involved.

The number of unified sports teams is growing steadily in the U.S. Advocates for Unified Sports programs have been working hard to spread the news that unified sports increase inclusion everywhere.

At our New York special needs planning law firm, we have over 30 years of experience helping families with children with disabilities. At Littman Krooks, LLP, we help our clients ensure that future generations are well taken care of. To learn more about how our dedicated team of attorneys can assist your family with its unique needs, call 914-684-1200 to schedule a no-obligation consultation today

 

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.


Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here or sign up for our monthly newsletter.

Share

October Is National Special Needs Law Month

October 1st, 2018

NAELA has designated October as “National Special Needs Law Month.” Special needs planning attorneys throughout the country contribute a great deal to their communities by educating those with special needs, their families, and caregivers about their legal needs.

Special needs planning attorneys assist families in financing long-term care, and provide them with the legal tools for financial management, such as powers of attorneys and trusts, as well as understanding Medicare and Medicaid, special needs trusts, and a student’s right to an independent educational plan, housing options, and other issues.

Special needs planning attorneys throughout the country are observing National Special Needs Law Month this October by providing public seminars, law clinics, and other activities that will educate the public.

Click here to learn about our events this fall. Click here to learn more about special needs planning.

 

 

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.


Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here or sign up for our monthly newsletter.

 

 

 

 

 

Share

Organizations That Help Individuals with Disabilities: The Special Needs Alliance

December 13th, 2017

By Amy C. O’Hara, Esq., Littman Krooks LLP

Belle News recently published an article recognizing five “amazing organizations” which work hard to help individuals with disabilities. Among the organizations recognized, which includes the Special Olympics, is the Special Needs Alliance.  The Special Needs Alliance is a national organization comprised of attorneys dedicated to the practice of special needs, guardianship, disability and public benefits law. The Special Needs Alliance is an invitation-only organization whose membership is based on a combination of relevant legal experience in the disability and elder law fields, direct family experience with disabilities, active participation with national, state and local disability advocacy organizations, and professional reputation.  Littman Krooks is the only firm in the Westchester, Hudson Valley and New York City area with Special Needs Alliance members.  You can read the Belle News article here.

Littman Krooks LLP can assist you and your family members who have special needs in connection with special education advocacy, special needs trusts, benefits advocacy and special needs planning.

 

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.


Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here or sign up for our monthly newsletter.

 

Share

October is National Special Needs Law Month

October 11th, 2017

The National Academy of Elder Law Attorneys (NAELA) has designated October as “National Special Needs Law Month.” Special Needs Law attorneys throughout the country contribute a great deal to their communities by educating those with special needs, their families, and caregivers about their legal needs. 

The program is part of a nationwide observance of National Special Needs Law Month during the month of October, sponsored by the National Academy of Elder Law Attorneys (NAELA). Headquartered in Washington, DC, NAELA was formed in 1987 in response to the growing needs of older adults and people with disabilities in coping with the legal problems of aging and special needs.

Other programs throughout the United States will include: seminars in financing long-term care; seminars in legal tools for financial management, such as powers of attorneys and trusts; seminars in understanding Medicare and Medicaid; discussions of special needs trusts and a student’s right to an independent educational plan; discussions of public entitlements such as Social Security and Supplemental Security Income; discussions of housing options; and other issues with which local special needs planning attorneys feel the public should be familiar.

Membership in NAELA has grown to more than 4,300 members since its inception in 1987 commensurate with the continuing national advocacy for people with special needs.

Unlike traditional lawyers, special needs planning attorneys focus on with their clients “holistically” – helping with the issues that affect a particular segment of the population rather than a particular area of law.

When clients visit a special needs planning attorney, they generally present problems beyond the need for a will or a power of attorney. Special needs planning attorneys are familiar with the multifaceted aspect of this complex area of the law, as well as a network of services and providers who assist clients effectively.

NAELA devotes much of its resources to education of its members and the public. Special needs planning attorneys must constantly monitor the ever-changing statutes and regulations to which people with disabilities are beholden for their daily existence.

Littman Krooks managing partner, Bernard A. Krooks, Esq., is past President of the National Academy of Elder Law Attorneys (NAELA), a Fellow of NAELA, past Chair of the NAELA Tax Section and past Editor-in-Chief of the NAELA News. 

 

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.


Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here or sign up for our monthly newsletter.

Share

Diabetes and 504 Plans

September 28th, 2017

If you are the parent of a child diagnosed with diabetes, it is crucial to familiarize yourself with your child’s rights. Having a developmental disability is not a prerequisite for protection under the law. Individuals with recognized disabilities, including diabetes, have the same rights to access programs and facilities as their non-disabled counterparts. This right to equal opportunity extends to the classroom. Section 504 of the Rehabilitation Act of 1973 (“Section 504”), The Individuals with Disabilities Act (“IDEA”) and Title II of the Americans With Disabilities Act (“ADA”) all ensure that students with disabilities have an equal opportunity to participate and succeed in school. These laws also provide a legal remedy for those experiencing discrimination and who are not receiving a Free and Appropriate Public Education (“FAPE”).

Section 504 is a civil rights law that protects individuals from discrimination and entitles children diagnosed with disabilities that limit a major life activity, such as learning, to a FAPE designed to meet their individual educational needs as adequately as the needs of children without disabilities. However, “learning” is only one example of a major life activity which can be impacted by a disability. Even if your child has been diagnosed with Type 1 Diabetes but continues to excel academically, he or she may still be eligible for accommodations and qualify for protection under Section 504. School districts have responsibilities to address the needs of your child with diabetes and to make sure he or she can attend school safely.

Section 504, IDEA and the ADA all consider diabetes to be a disability; therefore, it is illegal for schools and day care centers to discriminate against children with diabetes. However, the IDEA is only applicable under certain circumstances, if there is an educational impact and the child needs special education services. First, a student may have a cognitive or emotional disability in addition to diabetes which qualifies him or her for special education services under the IDEA. Second, a student without a coLittman Krooks special needsmorbid disability may nevertheless qualify for special education services under IDEA as having an “other health impairment.” For example, a child with diabetes may experience frequent episodes of hypoglycemia and/or hyperglycemia which significantly inhibit the ability to concentrate, access instruction or attend school. Third, complications from diabetes may result in excessive loss of instruction time, rendering a child eligible for special education services under IDEA.

Failure to qualify for special education services and an Individualized Education Program (“IEP”) under the IDEA does not mean a child with diabetes is not entitled to an individualized, written diabetes management plan which establishes the student’s medical needs and how the school will meet those needs. In addition, a student with diabetes should also seek to obtain a written plan developed pursuant to Section 504 (“504 Plan”) which establishes accommodations that a student with diabetes may need, such as permission to eat anywhere and anytime or carry a cell phone and use it in class, if needed. The 504 Plan can establish procedures and protocols to ensure that a student with diabetes can attend field trips and participate in athletics and extracurricular activities safely with appropriate assistance and supervision. Having a formalized 504 Plan will also ensure access to dispute resolution procedures should any issues arise. A school district remains responsible for providing a student with diabetes with a medically safe environment that offers the same educational opportunities enjoyed by peers even if the child is making meaningful progress academically. This includes providing the student with assistance with administering insulin and glucagon, checking blood glucose levels, and allowing the student to eat snacks during the school day. But a school district’s federal obligations to provide an equal opportunity to participate extend beyond the traditional school day and include non-academic and extracurricular activities as well. Thus, it is the responsibility of the school district to ensure that a child with diabetes has access to medical supplies and any necessary assistance not only at school but also on field trips, during extracurricular activities, and at after school clubs and sports.

If your child with diabetes attends a private or parochial school, these federal laws may not apply. Only schools that receive federal funding, or facilities considered open to the public, must reasonably accommodate the needs of children with diabetes. The standard applied to private non-religious schools, nurseries, day care centers, community based organizations, summer camps after school programs and special events is not the same as the standard to which public schools must adhere. Private schools that receive federal funds are only obligated to comply with minimal obligations such as the least restrictive environment mandate, comparable facilities requirement, and the requirement to provide an equal opportunity to participate in extracurricular activities. They must provide minor adjustments to accommodate students with disabilities. Thus, it is important to understand your child’s rights and to advocate effectively for them.

 

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.


Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here.

Share
New York City Office
1325 Avenue of The Americas,
15th Floor
New York, NY 10019
(212) 490-2020 Phone
(212) 490-2990 Fax
Westchester Office
800 Westchester Ave
S-436
Rye Brook, NY 10573
(914) 684-2100 Phone
(914) 684-9865 Fax
Attorney Advertising | New York Estate Planning | New York Elder Law | Website by SEO | Law Firm™, an Adviatech Company
This article does not constitute legal advice and should not be relied upon. If you need legal advice concerning this or any other topic please contact our offices to schedule a consultation with one of our attorneys at 914-684-2100 or 212-490-2020.