Special Education Law and Advocacy
How does your child with a disability become eligible for special education and related services? For starters, it is not simply having a disability. Read on to understand this process from a legal perspective. First step is that either you or one of the teachers (or school staff) suspect your child has a disability. This […]
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 […]
Filed today is a Petition for Writ of Certiorari to the U.S. Supreme Court seeking the Justices take up a case involving burden of proof in a special education case when a school district or public agency seeks to change the placement of a child with a disability. The question presented is: Under the Individuals […]
Before I answer the question in the title, let me share a true story. I appeared before a special ed hearing officer on behalf of a child with a disability – let’s call the child Chris (changed to protect identity). Chris has severe learning disabilities and is far behind age-equivalent peers. Chris does not do […]
Well, well, well. 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 […]
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 […]
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. 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. Here are […]
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