Entries by

Guidance for School Discipline for Children with Disabilities

The U.S. Department of Education’s (DOE) Office of Special Education and Rehabilitative Services (OSERS) released guidance on School Discipline for Children with Disabilities on August 1st. The Individuals with Disabilities Education Act (IDEA) requires that in the case of a child with a disability whose behavior impedes her learning or that of her peers, the […]

August 12, 2016 by

Getting Your Child Evaluated

In my prior post, I discussed the new OCR guidance clarifying the obligation of schools to provide students with Attention-Deficit/Hyperactivity Disorder (“ADHD”) with equal educational opportunity under Section 504 of the Rehabilitation Act of 1973 (“Section 504”). I discussed the background of the legislation, the definition of “disability,” as well as when the District is […]

August 3, 2016 by

ADHD Guidance for Special Education

On July 26, 2016, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued guidance clarifying the obligation of schools to provide students with Attention-Deficit/Hyperactivity Disorder (“ADHD”) with equal educational opportunity under Section 504 of the Rehabilitation Act of 1973 (“Section 504”). Due to amendments to the Americans with Disabilities Act (“ADA”) which have […]

July 27, 2016 by

School District Settles Special Education Lawsuit

The Hastings-on-Hudson school district in New York recently settled a federal lawsuit brought against it in June 2014 by a group of parents of special needs students. According to The Rivertowns Enterprise July 8, 2016 newspaper, the School Board approved the settlement at its June 21, 2016 meeting. In the lawsuit, parents had complained that […]

July 21, 2016 by

Failing to Meet Education Department Reqs.

According to the June 2016 release of the U.S. Department of Education’s most recent evaluation of state performance, twenty-seven states and the District of Columbia failed to meet the requirements of the Individuals with Disabilities Education Act. This is the third year that the Education Department has focused on the actual academic outcomes of students […]

July 11, 2016 by

NYC Regulations on Student Bullying

In my prior post, I discussed the lawsuit that was recently filed against the New York City Department of Education (“DOE”) for failing to do enough to address bullying and violence in its schools. In this post, I’m going to discuss the Chancellor Regulations enacted to address peer-t0-peer bullying in the NYC Schools (Chancellor Regulation […]

June 27, 2016 by

The Basics of Battling Bullies

On May 24 2016, an amended complaint was filed against the New York City Department of Education (“DOE”) for failing to do enough to address bullying and violence in its schools. Under pressure from New York State, the DOE has put into place several regulations meant to address in-school violence. [Full disclosure: The author of […]

June 20, 2016 by

Twice Exceptional?

Twice exceptional, sometimes known as “2e,” refers to intellectually gifted children who have one or more disabilities. In addition to being above average intellectually, these children are diagnosed with disabilities such as dyslexia, autism, Asperger syndrome, Tourette syndrome, or other disabilities that negatively affect their ability to learn in traditional academic environments. There is no […]

June 8, 2016 by

529 Able Accounts

Parents of children with disabilities should be very excited about the debut of this new tax-free savings account. This will be a great option for those who are intimidated by Supplemental Needs Trusts (“SNT”); Trusts that are intended to financially help those with disabilities while not endangering their government benefits. These so-called 529 Able or […]

June 7, 2016 by

What the Heck is Educational Benefit???!!!

Parents often ask me how much progress their children with disabilities are “expected” to make for Districts to be compliant with FAPE (Free Appropriate Public Education). I tell them that the Supreme Court has determined that Districts must provide enough special education supports and services to ensure that children with disabilities receive “some educational benefit.” […]

June 3, 2016 by