Special Education Law and Advocacy
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 […]
NOTE: This change applies to the appointment of a guardian for a person receiving services from the Division of Developmental Disabilities (DDD). It does not change the requirements for guardianship of a person outside the DDD system. I was recently asked if Nurse Practitioners (“NPs”) or Physician Assistants (“PAs”) are qualified to complete affidavits to […]
You may look at the title and think you’ve accidentally wandered onto a blog about pack animals. No, don’t worry, you’re in the right spot. I’m not talking about actual beasts of burden, but rather the beast of the burden of proof in special education disputes and how to overcome the beast that it is […]
If you fell and broke your arm, would you go to a heart surgeon? Of course not. You would go to an orthopedic doctor who could determine whether you need a cast, sling, surgery, etc. The same principle applies in law. If someone has sued you for cutting down the tree on their property, you wouldn’t […]
Amazin Blue Press LLC is pleased to announce publication of its new title: SchoolKidsLawyer’s Step-By-Step Guide to Special Education Law: Workbook for Parents, Advocates and Lawyers by Robert C. Thurston, Esq. This 266 page book is a user-friendly guide to assist families of children with disabilities, complete with forms, helpful tips, and links. According to […]
As you may know if you have been reading my 2 Things: Special Education Law Tips Newsletter, there are laws which grant access rights to parents of their student’s educational records. This is especially true when the student is a child with a disability. Such rights are granted by the Family Educational Rights and Privacy Act […]
I am an attorney who represents children with disabilities and their families in special education matters. I am also a member of the Council of Parent Attorneys and Advocates (“COPAA”, www.copaa.org), a national organization of special education lawyers and advocates with the same client base. Recently, my colleagues and I have witnessed a substantial uptick in very […]
When a parent disputes a decision made by a school district regarding the special education and/or services of their child, one option is to file a “Due Process Complaint”. [See Procedural Safeguards, 20 USC 1415(b)(6) and (c)(2).] When a complaint is filed, the state’s Department of Education assigns the case to an “Independent Hearing Officer”. […]
Sometimes you just need some quick tips to help you through the maze that is special education law. Fair enough. Here are my Top Ten tips for parents and advocates: 1. Put everything in writing! Document every single thing you do as it will only help your child and help if you find yourself in a […]
Many of you probably don’t know there are laws that exist to protect the rights of disabled kids, but perhaps none more important than the special education laws. I’m quite sure that even fewer of you know that your tax dollars are being used to deny those disabled kids their lawful education and thereby violating […]
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