Legal Question in Education Law in New York

school district obligation

My daughter is diagnosed with significant audioprocessing disorder and sensory integration issues. They only have a speech therapist on staff. Are they obligated to provide her services with a licensed professional speech/language pathologist who specialized in audio processing disorders? We are in NYS.


Asked on 10/20/08, 6:33 pm

2 Answers from Attorneys
Warren Markowitz Warren R. Markowitz, Esq

Re: school district obligation

State obligations for children/students with disabilities are governed under the Americans with Disabilities Act (the ADA) and in some cases state requirements, that support or supplement the federal obligations.

The services provided to your daughter should be inline with her needs. Specifics are of course dependent on various circumstances, including the individualized educational program that may have been derived for her support.

If you have requested the services for your child and they have been unable to, or unwilling to provide those necessary for her education you may be able to act and be reimbursed by the school district.

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Answered on 10/20/08, 8:44 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: school district obligation

Probably not if the special education teacher is certified in the area, with diagnostic abilities.

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Answered on 10/22/08, 1:43 pm


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