Audio Recording IEP Meetings – Is It Allowed?

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Having an audio recording of what happens in an IEP meeting is powerful evidence, especially when school districts deny what was said or fail to put a service in writing into the IEP.   For example, an audio recording can prove or disprove what was actually discussed during the meeting, whether the parents were given proper […]

New special ed case involving charter schools and attorney’s fees

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The U.S. Court of Appeals for the Third Circuit handed down an excellent decision on October 11, 2017 for parents of children with disabilities.  In the case of H.E., et al.  v. Walter D Palmer Leadership Learning Partners Charter School, et al., the Court held and reaffirmed its prior ruling that “success on a claim […]

Special Education Law and Child Custody

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According to the American Psychological Association, 40-50% of marriages in the United States end in divorce.  Of all children born to married parents this year, 50% will experience the divorce of their parents before they reach their 18th birthday. (Patrick F. Fagan and Robert Rector, “The Effects of Divorce on America,” Heritage Foundation Backgrounder, May 2000.) […]

The New Jersey Dyslexia Handbook

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A group of smart minds in the New Jersey world of special education gathered and put together an excellent guide to assist schools, parents, and providers in helping children with dyslexia.  They recently issued “The New Jersey Dyslexia Handbook: A Guide to Early Literacy Development & Reading Struggles” (PDF) which is free to download from […]

What documents should be in your child’s special education binder?

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If you are a parent of a special education student or advocating for one, do yourself a favor and . . . PRINT OUT THIS ARTICLE (or at least the plan below). Not only will this article save you time and lots of money, it will help you understand how best to help your child […]

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 […]

What’s a FERPA letter?

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For those of you who are new to education law or are in a battle with your school district to make sure your disabled student is getting a “Free Appropriate Public Education”, you may have heard the term “FERPA” or been told to send a “FERPA letter“.  And you’re probably wondering “What the heck is […]

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 […]