News & Analysis as of

Disabled Children

Changes to New York State Education Department Procedural Safeguards Notice for Parents of Children with Disabilities

by Hodgson Russ LLP on

The New York State Education Department (SED) recently issued a memorandum requiring school districts to begin using a revised “New York State Education Department Procedural Safeguards Notice - Rights for Parents of Children...more

Education Newsletter: Volume 1, Number 2

by Dickinson Wright on

House Bill 2078 (signed April 17, 2017) - This bill restructures post-secondary credit system for high school students. Unlike dual enrollment programs, a student enrolled in concurrent coursework will attend regular...more

Special Education Tip – IDEA Does Not Provide for Summer Exceptions – 56-2017

by Pessin Katz Law, P.A. on

IDEA Does Not Provide for Summer Exceptions - Last week, Tips reviewed the necessity of complying with the 5-day rule for documents during the summer months. Another rule without a summer exception is the rule to have...more

Special Education Tip - The 5-Day Rule Applies in the Summer, Too - 55-2017

by Pessin Katz Law, P.A. on

The 5-Day Rule Applies in the Summer, Too, Even if Your Staff is Under the Boardwalk - This is such a difficult time of year to hold IEP team meetings. School is out and staff leave town. But IEP team meetings continue...more

ABLE Accounts - Savings Tool for Special Needs Individuals

by Dickinson Wright on

ABLE (Achieving a Better Life Experience Act) accounts have become a popular savings tool for special needs individuals since the ABLE Act became law in December of 2014. Now that such accounts have been in existence for few...more

Should a Parent Serve as Trustee of a Special Needs Trust?

It is common for a parent to want to be named as trustee of a special needs trust benefitting her child, especially when the parent is the one creating or funding the trust. There are many reasons why this makes sense. It...more

Special Education Tip – The UniServ Representative is Not a Member of the IEP Team – 51-2017

by Pessin Katz Law, P.A. on

The UniServ Representative is Not a Member of the IEP Team - IEP meetings are meant to be collaborative sessions between educators and parents. But sometimes things do not go well. When an educator feels bullied,...more

Special Education Tip – The Russians are Coming, The Russians are Coming!!! – 50-2017

by Pessin Katz Law, P.A. on

The Russians are Coming, The Russians are Coming!!! We hear a lot in the news about Russian espionage in connection with national affairs. Of equal interest for readers of Tips is espionage during IEP team meetings. Not...more

New Comic Book Supports Special Needs Siblings

The challenges of being a child with special needs, or the parent of one, are fairly well known and documented. Less talked about and often ignored is the experience of being the sibling of someone with special needs. The...more

Supreme Court Increases School Standards For Students With Disabilities

by Fisher Phillips on

IEPs Must Meet “Markedly More Demanding” Standard From Now On This week, in a unanimous decision crafted by Chief Justice John Roberts, the Supreme Court decided that the Individuals with Disabilities Education Act...more

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

by Barley Snyder on

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

by Shipman & Goodwin LLP on

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

by Franczek Radelet P.C. on

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...

by Shipman & Goodwin LLP on

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

by Stinson Leonard Street on

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

by DLA Piper on

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

by Shipman & Goodwin LLP on

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

by LeClairRyan on

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

by Franczek Radelet P.C. on

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

by DLA Piper on

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

by DLA Piper on

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

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