The Eligibility Process

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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 […]

What is ESY?

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ESY stands for Extended School Year and is special education and related services provided to a student with a disability during periods the public school is not in session.  The following will break this down into more specifics. The Law The regulations for the Individuals with Disabilities Education Act (IDEA) provide as follows: “Each public […]

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 […]

Supreme Court Petition for Writ Filed on Burden of Proof in Special Ed Cases

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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 […]

State Graduation Requirements vs. Special Education Law – Who Wins?

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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 […]

The Appropriate Use of Assistive Technology for Students – Antonia Guccione, MA, MS [Guest Blog Post]

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Discerning how, when, and why students should access Assistive Technology to support learning involves many levels of decision making.  It all starts with the IEP, the student’s present levels of performance, his educational needs, and the impact those needs have on learning. Thank goodness there is help! The Wisconsin Assistive Technology Initiative provides a series […]

Why Schools Shouldn’t Reject Your Child’s Diagnosis

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Recently, I have heard (far too many) stories from parents that the schools are taking away services from their child and/or denying providing services because the school does not believe the child’s diagnosis.  This is wrong and illegal on so many levels, but I will adress the three (3) most important reasons why schools should […]

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.  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 […]

Who is on the IEP Team?

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Perhaps one of the most confusing parts of special education law for parents (and some schools) is who is on the IEP team.  There are both “mandatory” members of the IEP team as well as “permissive” members.  IDEA makes this very clear. Mandatory Members of the IEP Team There are five (5) mandatory members of […]

Relentless – A Michigan Man

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I’m going to tell you something about myself, but first I’m going to tell you a story.  You’ll wonder for a paragraph or two where this is going, but stick with me.  You will learn why this post is on my special education law blog. What is a “Michigan Man”? There are many articles and […]