USDOE Finds NJDOE Non-Compliant With IDEA 45 Day Rule

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Well, well, well.Ā  Seems that someone is taking notice that the NJDOE has been noncompliant with IDEA’s 45 Day Rule (which we’ve written about extensively in the past): Why Special Education Due Process Cases Are NOT Full-Blown Lawsuits SKL’s 45 Day Rule Class Action The 45 Day Rule On May 6, 2019, the US Department […]

10 Tips For Hiring A Special Education Lawyer

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When parents disagree with their child’s school about special education or services the student with a disability is receiving, they might consider hiring a lawyer.  This may be the first time they’ve ever needed or interacted with an attorney, so they may be overwhelmed and unsure how to decide whether to employ his/her services. I’ve […]

The Appropriate Use of Assistive Technology for Students – Antonia Guccione, MA, MS [Guest Blog Post]

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Discerning how, when, and why students should access Assistive Technology to support learning involves many levels of decision making.Ā  It all starts with the IEP, the studentā€™s present levels of performance, his educational needs, and the impact those needs have on learning. Thank goodness there is help! The Wisconsin Assistive Technology Initiative provides a series […]

Which Teaching Style is ā€œBestā€? – Antonia Guccione, MA, MS [Guest Blog Post]

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In the districts in which I taught as a Special Educator as well as in the districts where my own children attended school, parents would always advocate for certain teachers; ā€œthe good onesā€ —the ones whom everyone respected and the ones who always got good results.  Itā€™s hard to say whether there is a correlation […]

Why Schools Shouldn’t Reject Your Child’s Diagnosis

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Recently, I have heard (far too many) stories from parents that the schools are taking away services from their child and/or denying providing services because the school does not believe the child’s diagnosis.Ā  This is wrong and illegal on so many levels, but I will adress the three (3) most important reasons why schools should […]

Why Special Education Due Process Cases Are NOT Full-Blown Lawsuits

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School board attorneys have managed to turn special education due process hearings into all-out, scorched Earth lawsuits, as if it was Microsoft vs. IBM.Ā  In fact, they have convinced administrative hearing officers and judges that this is the way it should be. But Due Process cases are not supposed to be full-blown litigation.Ā  Here are […]

Public Schools Have Made Your Child the Enemy and You, the Taxpayer, Are Funding Their Battle – Part II (A Case Study)

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An Open Letter to the Williamson County (TN) School Board and Williamson County (TN) Commission from a Concerned Parent . . . [Reprinted with permission.Ā  Names withheld to protect the identity of the child.]   Dear County Commissioners and School Board Members, I am writing regarding a resolution that both the Williamson County School Board […]

Who is on the IEP Team?

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Perhaps one of the most confusing parts of special education law for parents (and some schools) is who is on the IEP team.  There are both “mandatory” members of the IEP team as well as “permissive” members.  IDEA makes this very clear. Mandatory Members of the IEP Team There are five (5) mandatory members of […]

Relentless – A Michigan Man

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I’m going to tell you something about myself, but first I’m going to tell you a story.Ā  You’ll wonder for a paragraph or two where this is going, but stick with me.Ā  You will learn why this post is on my special education law blog. What is a “Michigan Man”? There are many articles and […]

Evaluations vs. IEP Meetings – A Very Important Distinction

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A client recently told me they received a notice for an “evaluation meeting”.Ā  Huh?Ā  I asked, do you mean an IEP meeting?Ā  The client wasn’t sure because the notice said just that – evaluation meeting. THERE IS NO SUCH THING AS AN EVALUATION MEETING! Since I figured school districts are trying to confuse parents by […]