Special Education Law and Advocacy
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 […]
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 […]
Possession of a college degree as well as a Special Education credential does not necessarily mean one is ready for all the challenges of meeting the needs of diverse learners. If one thinks having a curriculum guide and a set of text books is going to do it, one is mistaken and must seriously reconsider […]
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 […]
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 […]
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 […]
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 […]
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 […]
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