Special Education is a Hostage Crisis – Claudia McCulloch, Ph.D. [Guest Blog Post]

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Dedication: I dedicate this article to a truly inspiring child advocate and professor, the late Irwin Hyman, Ed.D., who fostered my education throughout my time at Temple University. He was a man of brilliance, boundless energy, and intense devotion to the well-being of children. He had a vision of change and helped his students to […]

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 […]

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 […]

Public Schools Have Made Your Child the Enemy and You, the Taxpayer, Are Funding Their Battle

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You pay federal taxes.Ā  You have schools in your town.Ā  Those schools have special education programs.Ā  If you’re reading this blog, you’re probably a parent of a child with special needs. Well, guess what?Ā  If you have a dispute with your school about your child’s IEP or otherwise not meeting your child’s special education needs, […]

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.Ā  Ā For example, an audio recording can prove or disprove what was actually discussed during the meeting, whether the parents were given proper […]

Ethics Rules You Might Not Know . . .

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I think many, too many, lawyers have forgotten what the ethics rules (“Rules of Professional Conduct”) really say. I encourage every lawyer (especially school district counsel) to go back and read their ethics rules (each state has their own, based on the ABA’s Model Rules of Professional Conduct) periodically. This will help them understand that […]

How School Districts Have Forgotten What Their Job Is

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I filed a brief in a special education case recently opposing a motion to dismiss the case. Want to share the Introduction as it spells out my view of how school districts (and their insurance companies) are treating kids with disabilities: What is getting lost in the legal gymnastics of the pending motions to dismiss […]

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 […]

The Dangerous Use of the Word ā€œCureā€

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Iā€™m shocked. It takes a lot to shock me these days, but I am admittedly shocked. My alarm has been set off by numerous recent studies into the ā€œcauseā€ of Autism. Iā€™m not alarmed purely because of the research, but rather what it may implicate and the resulting frightening thoughts of how we, as a […]

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”. Ā Virtually every licensed occupation is regulated by the State. Ā For example, in Pennsylvania, the Bureau of Professional and […]