Transportation is a Mandatory “Related Service” for Special Ed Kids That Need It

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Under IDEA, transportation is a “related service” that must be provided to kids with an IEP.1  Transportation must also be provided to infants and toddlers as part of Early Intervention Services.2 Transportation includes travel between home and school; between schools (if the child attends more than one campus); travel within and around school buildings (if […]

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.) […]

What is your worst special education experience with a school district?

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In the Comments describe your worst experience advocating for a child with a disability with your school district.  Did they fail to adequately find or evaluate a disability?  Did they design a poor IEP?  Did they fail to take your suggestions for the IEP?  Are you unhappy with the placement or classroom for your child? […]

Beast of Burden

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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 […]

Parents IEP Bill of Rights #KnowYourRights

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If you are a parent of a child with a disability, READ UP! This is YOUR Bill of Rights for your child’s IEP: Your child is entitled to a Free Appropriate Public Education (FAPE) as provided by an IEP. An IEP must be in place at the beginning of each school year your child is […]

Don’t go to a heart surgeon for a broken arm . . .

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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 […]

Press Release: NEW BOOK ON SPECIAL EDUCATION LAW PUBLISHED

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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 […]

Aggravation in trying to access student records

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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 […]

School District Lawyer Tactics May Violate Ethics Rules

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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 […]