Special Education Blog

June 26, 2018

I am proud to be a member of  the Council of Parent Attorneys and Advocates, also known as COPAA.  COPAA’s mission is to protect and enforce the legal and civil rights of students with disabilities and their families.  COPAA is an amazing organization that supports Par...

May 23, 2017

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 exp...

March 22, 2017

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 pro...

December 29, 2016

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...

December 1, 2016

In an October 22, 2016 Policy letter (October 22, 2016 to Jennifer Carroll), the U.S. Department of Education’s Office of Special Education and Rehabilitative Services (“OSERS”) addressed Independent Educational Evaluations (“IEE”) and whether, in certain circumstances...

November 14, 2016

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...

October 19, 2016

Back in June I wrote about new graduation requirements for New York State students with disabilities. The new requirements were to act as a "safety net" to allow more students with disabilities to graduate with a diploma.  I also said that in a future post I would "dis...

October 14, 2016

There's some good news tucked away in New York City's Department of Education's Report on the Fiscal 2017 Executive Budget.  The projected Budget would be $1.2 billion more than the DOE's 2016 Adopted Budget.  Much of the increase reflects an "increased need for specia...

October 6, 2016

Bullying and violence in our schools is finally getting the attention it deserves.  Victims of bullying and violence in schools have options.  One option may be to transfer to a different school.  In New York State, pursuant to No Child Left Behind, when a student is t...

September 24, 2016

I recently represented a child at an Impartial Hearing who had never had a formal evaluation conducted by his School District.  This child had been receiving Special Education Services since Kindergarten and was now in 6th Grade.  By law, all children must receive an i...

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