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Life After Corona

At this point, it seems trite to say that the Coronavirus quarantine has been very challenging for children with disabilities and their families. Districts, federal and state agencies, and families are still struggling with how best (least worst?) to handle this unprecedented time. Much has been written as to what schools are required to provide […]

What’s In A Name? The Mysteries of IEP Classification

Parents frequently ask me about the Disability Classification on their children’s IEPs. This is usually found at the top of the first page. They ask whether it matters what their child is classified under. Before addressing this issue, we need to understand how classification works. Under the Individuals with Disabilities Education Act (IDEA) a “child […]

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“Sorry, your child doesn’t qualify for services because her scores are too high”

Have you heard this before? Remember, the IEP starts with THE evaluation. You can’t develop goals for the student until you identify her strengths and weaknesses. And you can’t do that without a comprehensive evaluation. Parents frequently complain to me that their child’s Committee on Special Education (CSE) tells them their children don’t qualify for […]

“?!?*# Buses”

Much as you can count on Autumn in New York City to bring colorful leaves and earlier and earlier Halloween decorations in stores (wait, is that a Santa display I see?!), you can also count on busing issues. But this year busing issues are, as the kids like to say, “extra.” The Department of Education […]

Rights of Children of Undocumented Parents

I’m a Special Education Attorney always looking for ideas for my Blog. I have been speaking with Immigration Law Attorneys about what educational issues would be most relevant to their clients. Given the current political climate, I thought it would be helpful to explore the rights of children of undocumented parents from an educational perspective. […]

Supreme Court Decision adopts “APPROPRIATELY AMBITIOUS” Standard for Educational Benefit

In a unanimous opinion today, the Supreme Court held that “to meet its substantive obligation under the IDEA [Individuals with Disabilities Education Act], a school must offer an IEP [individualized education program] reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances. “ It should be noted that this […]

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New Guidance for Restraint and Seclusion

On December 28, 2016, the U.S. Department of Education’s Office for Civil Rights (“OCR”) provided school districts with guidance on how the use of restraint and seclusion may result in discrimination against students with disabilities, thereby violating Section 504 of the Rehabilitation act of 1973 (Section 504) and Title II of the Americans with Disabilities […]

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Specific Learning Disability and the Twice Exceptional Child

On April 17, 2015 the United States Department of Education’s “Office of Special Education and Rehabilitative Services” (“OSERS”) sent a Memo to State Directors of Special Education in which they reaffirmed their “Letter to Delisle: Children with disabilities with high cognition” of December 20, 2013. As is evident by its title, that letter addressed the […]