I Have Learned the Hard Way About My Rights as a Parent of a Child With a Disability
For years, we have been delving into the archives of special education law and parent advocacy, watching families struggle to secure a free appropriate public education (FAPE) for their children. Our founder, Monica Moshenko, learned these lessons the hard way while navigating the Committee on Special Education (CSE) in the Williamsville Central School District. Too often, parents like you walk into a CSE meeting unaware of their legal rights, overwhelmed by jargon, and leave with an inadequate IEP. That’s why we built Power Advocates—a living, breathing resource for Western New York families. In 2026, the stakes are even higher: school districts face budget cuts, staffing shortages, and evolving case law. But your child’s rights under the Individuals with Disabilities Education Act (IDEA) remain non-negotiable.
Understanding Your Rights Under the Individuals with Disabilities Education Act (IDEA)
IDEA guarantees that every child with a disability receives an education tailored to their unique needs. The law mandates a written IEP, parent participation, and procedural safeguards. Yet, as we hear from families in Buffalo, Amherst, and Cheektowaga, school districts frequently deny these rights—either by failing to identify a disability, offering a one-size-fits-all placement, or ignoring medical evaluations. From this context, we must examine the medical underpinnings of many disabilities. For instance, autism spectrum disorder affects 1 in 36 children, per the CDC. The FDA has approved certain medications to manage co-occurring conditions—such as methylphenidate (Ritalin) for ADHD or aripiprazole (Abilify) for irritability—but these drugs carry serious adverse event risks, including cardiovascular issues and metabolic syndrome. When districts ignore these medical realities, they violate IDEA.
| Medication | FDA-Approved Indication (Pediatric) | Common Adverse Events | Black Box Warning |
|---|---|---|---|
| Amphetamine/dextroamphetamine (Adderall) | ADHD (age 3+) | Insomnia, appetite suppression, cardiac events | Abuse potential, sudden death in structural heart disease |
| Methylphenidate (Ritalin, Concerta) | ADHD (age 6+) | Headache, stomach pain, growth suppression | Same as above |
| Risperidone (Risperdal) | Irritability in autism (age 5+) | Weight gain, diabetes, tardive dyskinesia | Increased mortality in elderly dementia patients (not pediatric) |
| Fluoxetine (Prozac) | Depression/OCD (age 8+) | Suicidal ideation, serotonin syndrome | Suicidality in children and adolescents |
Navigating the Committee on Special Education (CSE) in Western New York
Your first CSE meeting sets the trajectory for your child’s entire school career. Yet, as Monica Moshenko has seen for years, parents are often rushed through evaluations, handed a prewritten IEP, and told to sign. You have the right to request an independent educational evaluation at public expense, to bring an advocate or attorney, and to record the meeting. Here’s a step-by-step guide to protect your child:
- Before the meeting: Gather all medical records, private evaluations, and notes about your child’s behavior. Call us for a free consultation – we have trained parent advocates ready.
- During the meeting: Do not sign any document you haven’t fully read and understood. Ask for written explanations of every proposed goal and service.
- After the meeting: If the school denies services or provides an inappropriate placement, file a state complaint or request a due process hearing. The statute of limitations for IDEA claims is two years from when you knew of the violation.
“Our mission is to ensure no parent walks into a CSE meeting alone and uninformed. We offer monthly training sessions in Western New York, and individual consulting by appointment.” — Monica Moshenko, Power Advocates. For more, see our original about page and archival reference.
Legal Options & MDL Status for Medication-Related Adverse Events in Children With Disabilities
Beyond educational advocacy, many parents discover that their child’s disability was worsened—or even caused—by pharmaceutical products. Litigation in this area has exploded. For example, the Zantac MDL (litigation over NDMA contamination) includes claims that ranitidine use during pregnancy contributed to autism. Several class action lawsuits allege that SSRIs like Zoloft and Prozac, when taken prenatally, increase the risk of autism and ADHD. A mass tort currently pending in the Northern District of California consolidates cases against manufacturers of valproate (Depakote) for causing neurodevelopmental disorders in children. Meanwhile, the Risperdal MDL in Pennsylvania resulted in billions of dollars in settlements for boys who developed gynecomastia from the antipsychotic. As a plaintiff, you must be aware of the statute of limitations—typically 2–3 years from discovery of injury. If your child suffered an adverse event linked to a medication prescribed for a disability, you may be entitled to compensation for medical expenses, pain, and lifelong care.
In 2026, the FDA continues to update labeling with new warnings, and we track every major MDL or class action that could affect families in Western New York. Whether you are fighting for an appropriate IEP or pursuing a product liability claim, you do not have to do it alone. We connect you with experienced special education attorneys and pharmaceutical injury lawyers who understand the intersection of disability rights and mass tort law.
Your child’s future deserves fierce advocacy. If you suspect your legal rights have been violated—by a school district or a pharmaceutical company—request a claim assessment today. Our team will review your case, explain your options, and help you take the first step toward justice.