New York And Connecticut Law: A Comparison

The attorneys at The Law Offices of Gerry McMahon, LLC, are licensed in New York and Connecticut. The law firm represents parents primarily in Fairfield County, CT, Westchester County, NY and throughout the states of Connecticut and New York. The firm is well-versed on the significant differences in New York and Connecticut laws. The firm's two offices are conveniently located near New York and Connecticut major interstates off of I-84 in Danbury, Connecticut, and I-684/I-287 in Scarsdale, New York.  We are also able to meet you in various Fairfield or Westchester County locations or schedule a visit at your home.

A Primer: One-Tier And Two-Tiered Systems

Federal law allows each state to initiate either a one-tier or two-tiered system in which to exercise their due process administrative rights. The majority of states have a one-tier system, where a due process hearing is held at the local school district level. If either party is dissatisfied with the result, they have the right to file an appeal with state or federal court. A few states have a two-tiered system, where a due process hearing at the local school district level must be appealed to the state administrative review level before a party has the right to appeal to state or federal court.

Connecticut has a one-tiered system. New York's system is two-tiered. What this means is that the process for a family in New York can be more involved than it is for Connecticut families, because of the additional level of bureaucracy.

The regulations regarding what constitutes a Free Appropriate Public Education, or FAPE, can be a lot to digest. Our lawyers can help you make sense of the process and work with your family throughout your child's educational journey. Call our offices for an appointment at 866-535-4604 or email us.