Tales from the Front – Actual (Illegal) Statements Made by School Personnel

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I did a seminar recently. My seminar was on what to expect at an IEP/504 meeting. Here are some of the comments I heard from parents spoken to them by school districts: “We are at our quota of eligible disabled students already. We can’t have more.” “Evaluations must be done in the summer time.” “Your […]

Stop the Bullying Madness – That Means YOU, Parents!

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On January 6, 2011, New Jersey Governor Chris Christie signed into law one of the toughest anti-bullying civil rights laws in the United States.  As with most laws, the creation of the law was the easy part.  The difficult part is the enforcement.  Most states have anti-bullying laws (some, like New Jersey apply to cyberbullying) […]

Are Special Education Advocates Performing UPL (Unauthorized Practice of Law)?

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The answer to the question posed in the title is, typically, lawyerly – it depends. What is the “practice of law”? “Unauthorized practice of law (UPL)”? First, let’s discuss what is the “practice of law” and “UPL”.  Virtually every licensed occupation is regulated by the State.  For example, in Pennsylvania, the Bureau of Professional and […]

I love teachers! . . . (really, I do!)

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There is a bad reputation out there for special education lawyers, advocates and parents of special education kids.  The reputation is that we hate all school teachers and those who work in the schools and we are simply out for vengeance. I’m going to focus this post on the misrepresentation that I must hate teachers […]

The Law on Independent Educational Evaluations (IEEs)

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Evaluations of your disabled child are critical to your child’s success in school and life.  If done properly, they can provide insights into services, therapies and accommodations that your child needs to access a “free appropriate public education” or FAPE.  But if not done properly, it can prevent your child from ever getting a proper […]

Pass the IEP, please!

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You remember at the dinner table (perhaps most notably the Thanksgiving Dinner table) when you would ask someone to pass something along?  Maybe it was the stuffing bowl; maybe it was the cranberry sauce; maybe it was the dinner rolls; or maybe it was the fruit cake (OK, I know it wasn’t the fruit cake […]

Special Education law is not about revenge

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Many clients come to me with vindication on their minds.  They feel they have been wronged and want to inflict pain on whomever did the wrong.  They want revenge.  This is especially true in the field of special education law.  They want to “get back” at the school district that they felt is interfering with […]

Playing (and Winning) the School District’s Game of Chicken

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[Appeared previously on Special Education Advisor blog] Probably the most frustrating part of being the parent of a child with a different ability[1] is the response from the very organization you hoped you could trust the most to do right by your child – your school district.  After all, teachers and administrators are trained to […]