The purpose of special education and regulation is to ensure that each child with a disability has an equal opportunity to benefit from free public instruction.

Your child's rights include the following concepts:

• The right to a free public education
  Children in New York State, who reach the age of five on or before Dec. 1 of that school year or later, as determined by school district policy, are eligible to attend the public schools in the district where they live without payment of tuition. Eligibility to attend school continues until receipt of high school diploma or until the end of the school year in which a student turns twenty-one, whichever is earlier. Students with disabilities who receive an Individualized Education Program (IEP) diploma or local certificate remain eligible to attend school until the end of the school year in which they turn twenty-one.

• The right to a free appropriate
  Students with disabilities are entitled to receive a free appropriate public education. The assurance that such students receive an "appropriate" education has important implications for children with disabilities. These students are entitled to receive an educational program that enables them to benefit educationally from the instruction provided. These educational programs are specifically designed for an individual student with a disability and are periodically reviewed to determine whether they remain appropriate.

• The right to education in the least restrictive environment
  The needs of many children with disabilities can be met in a pubic school setting with peers who are not disabled. Alternative programs should be considered only when the student's needs cannot be met within the regular school setting even with supplementary aids and services. All students with disabilities must have access to the total educational program as appropriate to their individual needs. The definition of least restrictive environment encompasses three components for all children with disabilities:
   

  Appropriateness of programs and services for meeting student needs. Student involvement with non-disabled students. Closeness of school programs to home

• The right to equal access and due process
  Students with disabilities have certain rights protected by law. The right to challenge any recommendation encourages schools and parents to work together toward ensuring the students with disabilities receive a free appropriate education in the least restrictive environment. As partners in the process, both school officials and parents have a responsibility to consider the child's needs and to provide an education accordingly. If there is disagreement regarding a student's program, formal and informal procedures are available to maintain a fair process for resolution, including the right to an impartial hearing to be arranged by the Board of Education.