Fighting for Justice: Representing Children in Personal Injury Claims Against Schools According to US government statistics, each year, more than 206,700 children under 16 report injuries occurring on the playground. But when parents learn that their child is involved, it’s more than a statistic. It becomes a cause for concern. Parents rightly expect their children’s school to keep them safe. Sadly, that’s not always the case. However, they’re not helpless when their child is injured. There are valid, legal options to pursue with the help of a skilled personal injury attorney specializing in child safety. Typical Places for School Injuries All parents should be aware of the numerous locations a child can encounter dangerous situations while at school. A few of the more common include interiors, playgrounds, athletic facilities, and the school bus. Interiors Occasionally, the school building’s materials are the cause of injury. Harmful substances such as asbestos, lead paint, and mold can pose a severe threat. Both the school and the district could be held accountable for a child’s health problems. Additionally, building contractors and material manufacturers could be at fault. Playgrounds It’s reasonable to expect that a school would provide mature, reliable teachers to oversee young students on the playground. Failure to do so could legally imply neglect. The district should never allow students on a playground where the equipment is defective. This too, is an example of neglect. Athletic Facilities Not all injuries are part of the game. A coach or assistant may have neglected their responsibilities, allowing the injury to take place. For example, the court might consider it negligent if swim instructors failed to notice a student in distress. They would be guilty of offering inadequate supervision. Injuries are common when student-athletes are pushed beyond their limits. Sprains, dehydration, and fractures are typical with over-training. School Bus Who might be at fault if a child is injured in a school bus accident? The first person who comes to mind is the driver. Was the driver unqualified or irresponsible? If so, then the school district could also bear responsibility for not properly screening or training its bus driver applicants. Was mechanical failure the cause of the accident? Once again, the school district is obligated to make sure its buses are well-maintained and meet all safety requirements. Negligence or Misconduct To file a lawsuit claiming personal injury against schools, a person must be certain the injury is the school's fault. The injury can’t be the result of ordinary circumstances that could happen to anyone. In the legal system, there are various types and degrees of negligence. If a parent feels someone has neglected their responsibility to keep a child safe, it’s best to discuss the matter with a knowledgeable personal injury attorney. Bullying and Harassment The US Department of Education says bullying includes three distinctive features: aggressive behavior, a power imbalance, and the high likelihood of repeat behavior. Bullying and harassment can take the form of physical beatings or emotional distress. Both types of attacks leave scars that are sometimes permanent, with adults still suffering the effects of their childhood trauma. Bullying is so common that nearly one out of every five US school kids in middle school and high school report being victims. The problem is even worse in middle school than in high school. But there’s no reason a child should have to go to school in fear. If the bullying and harassment occur on school property, there's obvious reason to seek legal help. However, bullying and harassment can also take place elsewhere during an activity overseen by the school. A good example is a class field trip or sports-related travel. Common Sites of Bullying Because bullying can happen anywhere in school, eliminating it requires the determination and cooperation of a wide range of school officials, including principals, teachers, bus drivers, and administrative staff. The most common places are the classroom, followed by a hallway or stairwell, and the cafeteria. Next comes outdoor locations on school grounds. Not surprisingly, cyberbullying makes online activity and texting dangerous areas. There’s also the bathroom or locker room, the gym or weight room, and the school bus. Bullies Stereotypically, people think of school bullies as fellow students. But they can also be adults who work at the school. It’s not uncommon for students to report bullying at the hands of teachers and coaches, but anyone can be a bully. Sometimes, a bullying culture has become entrenched within the school. A victim’s family can seek damages from a variety of individuals in such a case. Defendants can be specific perpetrators but also the school and the district that allowed the bullying to become institutionalized. Institutionalized Bullying An example of institutionalized bullying is aggressive forms of hazing. Hazing is a form of bullying designed to initiate someone into a group, such as a sports team or a social club. Newcomers to the group might be forced to eat or drink disagreeable items, perform humiliating tasks, or be required to do demanding physical labor. They are also often made the target of frightening or embarrassing pranks. Many educational institutions have made steps to distance themselves from hazing, especially when it involves physical beatings. However, hazing in one form or another can still exist when individual school groups see themselves as preserving their tradition. Child Victims Act Historically, in New York state, the statute of limitations for adult survivors of childhood sexual abuse to report the crime typically ran for five years, beginning with the victim’s 18th birthday. During that time, victims could file both criminal and civil lawsuits against their abusers and institutions, such as schools, that didn’t do enough to prevent or stop the abuse. Unfortunately, victims of bullying and harassment, especially when it includes sexual abuse, may remain quiet for years before reporting to authorities. Sometimes, the statute of limitations can expire before a victim is ready to discuss the past. To confront the problem, New York State passed the Child Victims Act (CVA). The CVA expands the timeline for the statute of limitations. If victims were abused after the legislation was passed on January 18, 2019, they can file a claim up to the age of 55. Damages When courts rule in favor of the victim in a civil suit, the victim is typically entitled to receive compensation, known as a damage reward or simply damages. The damage amount is selected by the court and could include both compensatory and punitive damages. Compensatory Medical bills are a primary reason for compensatory damages. The size of the award reflects more than the cost of the doctor and hospital care victims have received so far. It will also consider how much medical attention victims are likely to need for the remainder of their lives. For example, an injury could cause a lasting disability that requires around-the-clock nursing. Emotional injury is also compensated. The trauma could trigger depression that impacts school and family life. A victim could also suffer from debilitating fear that makes it difficult to attend school or socialize. Punitive Punitive damages punish the responsible parties. They also serve as a warning for others not to engage in or enable similar behavior. A court might want to send a message to the school, its district, and other districts in the state. For example, a ruling in a case in Yonkers New York would be felt throughout Westchester County and possibly throughout the state. Courts don’t award punitive damages automatically. They tend to reserve them for cases where the defendant's behavior could be considered horrific. Why Victims Need a Personal Injury Attorney Never attempt to sue a school system without legal expertise. It’s not as simple as it may appear on television. The best legal representative to have when a child suffers an injury at school is a successful, experienced personal injury attorney. For starters, personal injury attorneys will be up-to-date with the latest legislation relevant to their case and their specific area of legal practice. Importantly, they’ll have battle-tested experience with the state’s civil court system. Personal injury attorneys will also have ongoing working relationships with everyone from judges to filing clerks, which can help expedite proceedings and paperwork. Their connections may extend throughout the state, not just in New York City. They’ll also be familiar with the insurance companies and know the tendencies and tactics of the insurance companies’ legal departments. Choosing a Personal Injury Lawyer Parents can even narrow their choices of personal injury attorneys by focusing on the ones who specialize in child injury cases involving schools where they live. A leading example is Westchester County’s Gina M. DeCrescenzo, whose numerous accomplishments include a seat on the Children’s Rights Litigation Committee for the American Bar Association. Leave child personal injury cases in the hands of a leading authority on children and the law by contacting the offices of Gina DeCrescenzo, P.C. Education Attorneys today.

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Navigating the world of special education services in New York City (NYC) can be daunting for parents, especially when faced with the challenge of securing appropriate services for their children through the Department of Education (DOE). One of the main tools at parents’ disposal is the use of Related Service Authorizations (RSAs), but these can come with their own set of complications. This blog will explore the common problems parents face with RSAs and how enlisting an attorney can help negotiate an enhanced rate to ensure that children receive the services they need. RSAs are documents issued by the NYC DOE that allow parents to obtain special education services (such as speech therapy, occupational therapy, or counseling) from independent providers when the DOE cannot provide these services directly or in a timely manner. While RSAs are meant to bridge the gap between the need for services and their availability, several issues frequently arise: Limited Provider Availability : One of the most significant challenges parents face is finding a provider who accepts RSAs. The standard rates offered by the DOE for RSA services are often lower than what many private providers typically charge. This creates a shortage of available providers willing to accept RSAs, leading to delays in service p rovision. Quality of Service : Even if a provider accepts an RSA, parents may find that the quality of service varies. Higher-quality providers may refuse RSA assignments because the rates do not match the level of expertise and resources they offer. This means parents may have to settle for providers who may not be a perfect fit for their child’s needs. Delays and Administrative Hurdles : Obtaining an RSA is only part of the process. Parents often face bureaucratic hurdles and delays when trying to schedule services or manage the paperwork required by the DOE. This can be frustrating and can impact the timely delivery of necessary educational support. The Role of Attorneys in Securing Enhanced Rates Given these challenges, parents often turn to attorneys to help advocate for their children’s rights. Here’s how an attorney can assist in the process and help secure an enhanced rate for RSA services: 1. Legal Knowledge and Advocacy Attorneys who focus on special education law like Gina DeCrescenzo understand the complexities of the Individuals with Disabilities Education Act (IDEA) and how it applies to services within NYC. They can advocate for your child’s needs by navigating the DOE’s systems and procedures, ensuring that your child’s right to a Free Appropriate Public Education (FAPE) is upheld. 2. Requesting Enhanced Rates One of the most impactful roles an attorney can play is requesting an enhanced rate for RSA services. Enhanced rates can be crucial for accessing high-quality providers who do not normally accept RSAs at the standard rate. Attorneys can make a case to the DOE that a higher rate is necessary to secure services that meet the specific needs outlined in the child’s Individualized Education Program (IEP). Instead of the rate being unreasonably low, an enhanced rate reflects the "prevailing rate" in the community - what qualified providers are actually charging! Why Hiring an Attorney Is Worth It While hiring an attorney may seem like an additional expense, the benefits often outweigh the costs: Access to Better Providers : By securing an enhanced rate, parents can access a broader range of qualified providers, ensuring that their child receives the level of service necessary for progress. Saving Time and Stress : Attorneys streamline the process, reducing the stress and time commitment required by parents who would otherwise have to navigate these challenges alone. Advocacy for Future Needs : Having an attorney who is familiar with your child’s case can be helpful for future IEP meetings, hearings, or any subsequent negotiations with the DOE.  Final Thoughts Parents should not hesitate to reach out for legal assistance if they find themselves struggling with the RSA process. With the right help, you can navigate the system more effectively and ensure that your child’s educational needs are met with the quality and consistency they deserve. Call us TODAY!

The New York City Department of Education (NYCDOE) serves over 1.1 million students, including more than 200,000 with disabilities. Despite efforts to provide equitable services, there are significant challenges in the delivery of special education, which continues to be a pressing issue for families, educators, and advocates. The problems facing the NYCDOE’s special education programs are multi-faceted, affecting everything from service delivery to resource allocation and legal compliance. But you are not alone. GDPC can help! Some examples of what our firm can help you with: 1. Delayed or Insufficient Services One of the most pervasive problems in NYCDOE’s special education system is the delay in delivering critical services to students with disabilities. Federal law mandates that students with disabilities receive a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). However, many students in NYC experience delays in receiving services like speech therapy, occupational therapy, or special education teachers. Delays in evaluations and the development of Individualized Education Programs (IEPs) compound these issues. Parents often report that their children wait months, or even years, to receive the services they are legally entitled to, causing setbacks in academic and social development. 2. IEP Compliance and Quality While IEPs are intended to be tailored to meet the unique needs of each student, many parents and advocates argue that the quality and specificity of these plans vary greatly. IEPs may not fully reflect the individual needs of students, and some are written so vaguely that they fail to guarantee appropriate support. There are also concerns around compliance. Reports suggest that many students do not receive the services outlined in their IEPs, with gaps in communication between schools, therapists, and families. The lack of accountability exacerbates these problems, leaving many parents to resort to legal action to enforce their children's rights. 3. Resource Shortages The NYCDOE faces significant resource shortages, particularly when it comes to staffing. There is a shortage of qualified special education teachers, paraprofessionals, and related service providers, which limits the department’s ability to meet the demands of its special education population. This shortage is most evident in overcrowded classrooms, where students with disabilities may not receive the attention or specialized instruction they need. Additionally, many schools lack the physical resources, such as assistive technology or accessible classrooms, to fully support students with disabilities. These gaps in resources not only hinder academic performance but also contribute to the exclusion of students from meaningful participation in school activities. 4. Inclusion and Segregation Inclusion in general education settings remains an ongoing challenge within the NYCDOE. Many students with disabilities are still segregated in self-contained classrooms, away from their non-disabled peers, which can hinder social and emotional development. While inclusive classrooms are the goal, they often lack the proper support systems—like co-teaching models and adequate paraprofessionals—needed to accommodate all students effectively. The failure to fully embrace inclusive practices also reflects broader systemic issues, such as lack of teacher training and insufficient understanding of how to accommodate diverse learners in a general education setting. 5. Transportation Issues Students with disabilities frequently face challenges in accessing reliable transportation to and from school. Busing problems include long wait times, late arrivals, and insufficient accommodations for children with special needs, such as wheelchair access or aides on buses. These transportation failures contribute to higher absenteeism rates among special education students, further exacerbating the learning gaps they already face. Path Forward Contact GDPC today. We have served thousands of families throughout NYS and our record is unmatched. If you or someone you know needs help, do not delay in seeking advice from experts in the field.

What happens if my child is injured at school? Take action immediately! Get medical attention (and ASK for and RETAIN all documents/medical records/discharge summaries). Get incident report(s) from the school/teacher/school nurse and/or anyone who witnessed what happened. Ask your child to write down (or relay to you to write down) everything that they remember about what happened leading up to the incident, during the incident, and after the incident. Ask them for specific staff names and names of kids who were involved or who may have witnessed what happened. Ask to see video footage. Take notes while you view it and ask for a copy. Call a personal injury lawyer with knowledge of education law immediately to learn what your rights are and if you are entitled to compensation. This must be done immediately so that you don’t make any mistakes or miss any deadlines. There are strict deadlines and statutes of limitations for school-related personal injury cases. The Duty of New York Schools in School Injury Claims Schools are not automatically liable for all injuries that occur on campus. There are several factors that an experienced lawyer must consider in making that assessment. Was the property properly maintained? Was the child/children properly supervised? Were the admin/teachers/staff properly trained and did they handle the incident/intervene appropriately? New York districts have a duty to make sure that the school buildings, playgrounds, and all other areas of the district property are safe for their children. If they fail in this tall order, they may be liable for any incidents that result, even if the incidents are unintentional or “accidents.” The school district is responsible for ensuring safety and preventing injuries on school premises. For example, if a child is being bullied or abused (on or off school grounds), the staff must intervene and take appropriate steps to prevent the bullying or abuse in the future. If a district fails to properly supervise or intervene, parents may be able to hold the school accountable and seek compensation for any resulting injuries. What about if a child is injured by the school staff? Either physically or sexually abused? Unfortunately, GDPC has seen these cases all too often and families should contact us immediately to see what can be done to hold the district and those perpetrators liable! 

Special Ed Abbreviations Cheat Sheet (Most Regularly Used Acronyms in Special Ed Law): AAC: Alternative Augmentative Communication ABA: Applied Behavior Analysis ADA: Americans with Disabilities Act AIS: Academic Intervention Services APE: Adaptive Physical Education AT: Assistive Technology BCBA: Board Certified Behavior Analyst BIP: Behavior Intervention Plan CBST: Central Based Support Team (in NYC) CBT: Cognitive Behavior Therapy CPI: Crisis Prevention Intervention CPSE: Committee on Preschool Special Education CSE: Committee on Special Education DBT: Dialectical Behavior Therapy DOL: District of Location DOR: District of Residence DPC: Due Process Complaint ESY: Extended School Year FAPE: Free and Appropriate Public Education FBA: Functional Behavioral Assessment IDEA: Individuals with Disabilities Education Act ICT: Integrated Co-Teaching IEE: Independent Education Evaluation IEP: Individualized Education Plan IESP: Individualized Education Services Plan LEA: Local Education Agency LRE: Least Restrictive Environment NPS: Non-public School OPWDD: Office of People with Developmental Disabilities OT: Occupational Therapist PECS: Picture Exchange Communication System PLOP: Present Levels of Performance PT: Physical Therapist PWN: Prior Written Notice RTI: Response to Intervention SEIT: Special Education Itinerant Teacher SETSS: Special Education Teacher Support Services SLP: Speech/Language Provider

A parent may want to use a special education attorney over an advocate for their child with special needs for several reasons. Just a few: Legal expertise: Special education attorneys have a deep understanding of the laws and regulations related to special education (and the nuances of those laws) and can provide guidance on how to navigate the legal system. Formal representation: Attorneys can represent a parent and their child in legal proceedings, such as due process hearings or court cases. Advocates, on the other hand, are not typically allowed to represent clients in formal legal proceedings. And the districts know that. There is no threat of a legal action from an advocate and therefore less (or no) leverage. Ability to negotiate: Attorneys have the education, skills and knowledge to negotiate with school districts and other government agencies on behalf of their clients. Experience in handling complex cases: Special education attorneys often have experience handling complex cases, such as those involving disputes over the type or location of services provided to a child. Ability to think bigger. Attorneys can advise you on potential cases well beyond what you came to them for. They can identify and counsel you on a potential personal injury matter or discrimination claim, for example, even though you might have come to them with what you believed to be a straightforward IDEA issue. It's important to note that an advocate and attorney can work together and an advocate can sometimes help with the preparation and gathering of important information before the case goes to the attorney.

You May Be Eligible for Compensation: Tylenol & Autism Linked! Call us ASAP.   IT IS HARD TO BELIEVE that the most commonly prescribed painkiller for pregnant women may have huge risks associated with taking it while pregnant. Numerous PEER-REVIEWED studies have shown that Acetaminophen (Tylenol) use during pregnancy is associated with a increased risk of ASD and ADHD in children. Hundreds of lawsuits, already filed, allege that prenatal use of acetaminophen, such as Tylenol, caused autism and ADHD in children. GDPC families may have a case for: Medical Costs and Bills, Pain & Suffering Lost Wages Loss of Enjoyment of Life Permanent Disability Other Associated Costs  If you are a Mother who took Tylenol or any other brand of Acetaminophen during pregnancy and your child has Autism or ADHD*, we want to hear from you! *We will discuss possible exclusionary factors when you call. Know your rights. Protect your family.

Here is an important follow up article detailing the strong reactions the writers received from state and federal lawmakers on their reporting (link here) and how they’d like to address issues around restraint and seclusion in schools: https://www.timesunion.com/news/article/Unacceptable-lawmakers-pursue-reforms-around-17553529.php