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 […]

Your Tax Dollars Are Being Used to Deny Education to Disabled Kids

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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. Ā 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 […]

What Every Parent Should Know About Mediation

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Since the 1980s, there has been a strong movement toward ā€œalternate dispute resolutionā€ of legal cases. Our court system is overloaded and, as a result, the U.S. Supreme Court has encouraged parties to try to resolve their battles somewhere other than in a courtroom. This is particularly true in special education matters. After parents are […]

Making a Complaint About Your Child’s Special Education

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Your child is not receiving the attention or services he or she needs in school. As a result, your child is doing poorly in school. You’re not even sure of the cause of the problem, but you know something is wrong. What do you do? If you are the parent of a child with special […]

Evaluating a Child for Disability: The Wrong Way and the Right Way

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Article on the wrong way and right way to evaluate a child for a disability is available on Special-Ism.com website at this URL: http://special-ism.com/evaluating-a-child-for-disability-the-wrong-way-and-the-right-way/  

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 […]

Stop the Bullying Madness – That Means YOU, Parents!

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On January 6, 2011, New Jersey Governor Chris Christie signed into law one of the toughest anti-bullying civil rights laws in the United States. Ā As with most laws, the creation of the law was the easy part. Ā The difficult part is the enforcement. Ā Most states have anti-bullying laws (some, like New Jersey apply to cyberbullying) […]

When Is It Time to Contact a Special Education Lawyer?

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When is it time to hire a special education lawyer? I’ll explain how to keep this from being a $64,000 question. I’ll answer this question in a moment, but the first thing to understand is the special education process. Understanding the Special Education Process Briefly, the process usually follows these steps: (1) either the parent […]

The Dangerous Use of the Word ā€œCureā€

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I’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. I’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 […]