Disabled Children

News & Analysis as of

U.S. Department of Education Issues New Guidance Interpreting Civil Rights Laws Protecting Students with Disabilities

Regulators have given school districts new guidance on how to remain compliant with federal laws concerning services to students with disabilities thanks to some year-end agency filings. U.S. Department of Education...more

Office for Civil Rights Issues Dear Colleague Letter: Restraint and Seclusion of Students With Disabilities

On December 28, 2016, the Department of Education, Office for Civil Rights (OCR), issued four guidance documents concerning students with disabilities. Along with two frequently asked questions documents concerning students...more

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

How to Prepare for Your First IEP Meeting

Public schools are required to create an Individualized Education Program (IEP) for each child receiving special education services. This legally binding document outlines the educational program and special services that a...more

The Top 7 Reasons to Establish a Special Needs Trust

Special needs trusts (SNTs) can play an important role in helping families plan for children with special needs. Here are some of the most compelling reasons to speak with your attorney about establishing an SNT....more

Shipman & Goodwin Attorneys Presenting at the 2016 CT Association of Boards of Education (CABE)/CT Association of Public School...

The most important benefit of attending the Annual CABE/CAPSS Convention is the valuable information you take home to your community. The ideas and strategies you learn through networking with fellow board members and...more

Connecticut Court Orders Major Overhaul of Primary and Secondary Education Policies

On September 7, 2016, a Connecticut trial court in Connecticut Coalition for Justice in Education Funding, Inc. v. Rell, ordered the state to implement major reforms to its education policies. More than a decade ago, a...more

Health Alert (Australia) June 20, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales 17 June 2016 - Mace v Justice and Forensic Health Network; The Geo Group Australia Pty Ltd v AAI...more

Summer Camp Crackdown: DOJ Enforcement under the ADA

With summer right around the corner, it is time for many parents to start signing up their children for summer camp. For most, enrolling children in camp usually is a smooth and uneventful process requiring the completion of...more

Guardianships for Disabled Young Adults

Consider a common situation: Mom and Dad care for their severely disabled child, who is quickly approaching 18 years of age. Let’s call this hypothetical soon-to-be adult Jane. Jane has suffered from severe autism her whole...more

OSERS Issues Special Education Guidance

The Office of Special Education and Rehabilitation Services (OSERS), part of the United States Department of Education, recently issued two Dear Colleague letters, one related to students with dyslexia, dyscalculia, and...more

Health Alert (Australia) - October 19, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments New South Wales (NSW) 12 October 2015 - Klewer v Sydney Children’s Hospital Specialty Network [2015] NSWSC...more

Health Alert (Australia) - August 17, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: New South Wales (NSW) 13 August 2015 - Waller v James [2015] NSWCA 232 The NSW...more

Care Committees Help Trustees Make Decisions When They Don't Know It All

Do you know one person who is an expert in disability law, housing, medicine, social work and, on top of all that, knows all of the members of your family and how they interact with one another? If you do, this person should,...more

The ABLE account: A good alternative to a special needs trust?

Late last year, Congress passed, and the President signed, the Achieving a Better Life Experience (ABLE) Act. The act authorizes a new, tax-advantaged savings account, modeled after the Section 529 college savings account,...more

Does One Wrong Equal No Rights? Connecticut Lets Its Surrogate Parents’ Contracts Lapse

Due to the State Department of Education’s failure to provide new contracts in a timely manner, Connecticut’s approximately 74 surrogate parents have found themselves in limbo. Surrogate parents are appointed by the State...more

The ABLE Act

Although the Achieving a Better Life Experience Act (or ABLE Act) was signed into law on December 19, 2014, many states have been waiting to offer ABLE accounts authorized by the Act until the IRS published regulations. The...more

Parents of disabled children may experience depression and memory loss

Raising a disabled child can create unique challenges for Illinois parents. These parents typically face high levels of stress, misunderstanding from others and burdensome financial expenses. Additionally, the demands of...more

Parents Can Litigate IDEA Claims When Adult Students Have Delegated Education Rights

The Seventh Circuit Court of Appeals, which has jurisdiction over Illinois, Indiana, and Wisconsin, recently held that even where a disabled student has reached the age of majority under state law, his parents may litigate...more

Will new research lead to treatment development for disabled children?

About one in six American children suffer from developmental disabilities, according to the Centers for Disease Control and Prevention. These chronic disabilities may affect learning, language use and general behavior. As any...more

OSEP Issues Letter Expanding Parents’ Right to an IEE

One of the most significant safeguards that parents of students with disabilities have under the Individuals with Disabilities Education Act (IDEA) is the right to an independent educational evaluation (IEE). In essence, this...more

Guilt and fear common among parents of disabled children

Parents who have disabled children often face distinct medical, financial and emotional demands. As any Illinois Social Security lawyer can attest, these parents usually worry extensively about their children’s health and...more

ABLE Accounts for Disabled Individuals – Senate is Now ABLE to Act

On December 3, 2014, the House of Representatives passed legislation that would allow qualifying disabled persons to establish tax-free savings accounts similar to 529 plans to pay for a host of expenses, including, but not...more

When a Parent Retires, a Child with Disabilities Could Qualify for SSDI

When the parent of an adult with disabilities retires, the child may qualify for federal disability benefits, even if the child has never worked. This benefit, known as the Disabled Adult Child program, allows the...more

Public School Advocacy Groups Seek Supreme Court Review of “Stay-Put” Placements in Private Schools

One of the most important due process protections afforded to disabled students under the Individuals With Disabilities Education Act (IDEA) is the principle of “stay-put” or “pendency” placement....more

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