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Education Law

Special Education Law Blog

A special education legal resource discussing case law, news, practical advocacy advice, and developments in state and federal statutes and regulations. Postings include insight and sometimes humor from Charles P. Fox, an attorney who is also a parent of child with special needs, his law clerk, Suzanne Geller, and other guest authors.

Post Frequency: 1.5/day

Last Entry: March 07, 2013 at 11:14:50

Programming for Twice Exceptional Students

Posted on March 07, 2013
Although it seems almost a contradiction, children can be both gifted and have special needs, such as learning disabilities. Yet, because of their unique blend of talents and challenges, these students, known as ?twice exceptional? or 2e students, can be...

Autism Society Reponse to Newtown Tragedy

Posted on December 16, 2012
I am still reeling from the depth and magnitude of what happened last week with the killing of so many young children and their heroic teachers and staff. I am not sure when, if ever, I will be able to...

Overcoming My Difference By Isabelle Fiona Fox

Posted on November 29, 2012
The following is the heartfelt wisdom and pathos from my own daughter. She is a beautiful, wonderful person who has had to face the challenges of being a sibling to a brother with special needs and the internal identity struggles...

The Harsh Reality of Incarcerated Youth

Posted on November 23, 2012
The use of seclusion and restraint for children with special needs in our nation?s schools has received national attention. These practices have been deemed as cruel and dangerous, and various pieces of legislation have been proposed to eliminate their use...

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The Real Harm of Bullying

Posted on November 20, 2012
October was National Bullying Prevention month. Throughout our nation?s schools, students attended pep rallies, signed petitions, wore t-shirts with anti-bully messages, and participated in anti-bully marches. Anti-bullying Facebook pages, some with extraordinary amounts of helpful resources and information, were created...

Dental Care for Children with Special Needs

Posted on November 16, 2012
Taking a child with special needs to the dentist can be stressful for both the child and the parent. Parents know that their child doesn?t want to see the dentist, but does the parent know if the dentist will want...

Teaching Critical Skills to Become a Learner Not Just a Student

Posted on November 13, 2012
That standardized test scores can accurately predict whether a student will attend college, be gainfully employed, and be successful in life have become the bulwark of educational policy in this country. How kids ?measure up? on tests are linked not....

Travel Training a Key Missing Piece in Transition Plans for Students with Disabilities

Posted on November 05, 2012
Young adults with moderate to severe disabilities who age out of special education if at all possible must have the skills to navigate safely through their community using public transportation for the purposes of employment, post-secondary education or training, or...

Sleeping Difficulties Prevalent in Students with ASD

Posted on November 02, 2012
Many children have difficulty sleeping. But a disproportionate number of children with special needs have sleep problems. Anywhere from 49 to 89% of children with autism spectrum disorders, 25 to 50% of children with ADHD, and 34 to 86% of...

Chart of Disability Issues Makes it Easy to be an Informed Voter

Posted on October 31, 2012
Thanks to Disability Rights Ohio, an Ohio disability organization it is now very easy to be an informed voter on issues effecting people with disabilities. They have put together a side by side comparison chart of the candidate's position on...

Educating Students with High Functioning ASD: Part 2- A Personal Story

Posted on October 31, 2012
In doing research on finding appropriate placements for students with either high-functioning autism or Asperger?s syndrome, I got side tracked by a little jewel of an article that had appeared in a magazine published by the National Education Association...

Educating Students with High Functioning ASD: Part 1

Posted on October 29, 2012
The number of children being diagnosed with autism is rapidly increasing. The incidence rate within the past few years has gone from one child in every 500, to one child in every 150, and now, according to the CDC, the...

Elopement Behaviors: A Real Danger

Posted on October 16, 2012
Elopement or running away behaviors are certainly at the top of the list of most serious behaviors that must be eliminated from the range of behaviors that a student with special needs experiences in school. I have had several families...

Special Education Advocacy Training from COPAA

Posted on October 10, 2012
Over the years the question has come up frequently: how do I become a trained special education advocate ? My answer is usually along the lines of read various books such as material from Pete Wright, attend legal and substantive...

Education Advisors to Presidential Candidates to Debate

Posted on October 02, 2012
Here is another forum to view the candidate's respective positions on matters related to education and hopefully special education. Education Advisers to Obama and Romney to Engage in a Live Debate at Teachers College, Columbia University on Monday, Oct...

Effects of Romney/Ryan Health Plan on Children and Adults with Disabilities

Posted on September 25, 2012
Bill Clinton, in his address to the Democratic convention this month, decried the effects of the proposed Medicaid restructuring on the elderly, the poor, and families with children who have autism, Down syndrome, or other severe disabilities. Clinton, who said...

Romney?s Educational Vouchers a Disaster for Special Education Students

Posted on September 20, 2012
Schools are not like private corporations. Governor Romney?s goal to privatize, voucherize, and let the market determine winners and losers is simplistic. The reality is we do not have to wait to project that under his system special education students...

One District's Effort to Educate Parents on Unilateral Placements

Posted on September 19, 2012
It is always nice when district's go out of their way to educate parents on the need to provide a 10 day notice prior to making a unilateral placment see Download 2500_0001. What this notice neglects to inform parents is...

The Epidemic Effects of Non-Vaccination

Posted on September 11, 2012
As an unfortunate legacy of the now discredited Wakefield ?study? in many areas of the country, it has become too common that parents are opting out of vaccinating their youngsters before entering kindergarten. The negative consequences for their children is...

It's Time for Individuals with Disabilities to Vote

Posted on September 06, 2012
Given the current environment where the rights of a segments of society to vote is being limited and challenged, it is especially important to examine the rights of people with disabilities to vote. While often an overlooked and ignored segment...

Minority Students & Students with Disabilities Suspended at a Higher Rate

Posted on August 29, 2012
The Civil Rights Project (Proyecto Derechos Civiles) released a study in March demonstrating that minority students and students with disabilities are suspended at a far higher rate than their non-disabled or non-minority peers. At first blush, this is not news...

Romney on Common Core Standards

Posted on August 21, 2012
The Common Core standards were developed in 2010 as an effort to create voluntary national standards for learning in math and reading. The effort, which was spearheaded by the National Governors Association and the Council of Chief State School Officers...

Lessons from Overseas for Programming for Adults with Disabilities

Posted on August 17, 2012
The father of a child represented by this firm forwarded information about a very special kibbutz in Israel. As you may know, an Israeli kibbutz is an agricultural communal settlement whose residents collectively live and work together. The kibbutz this...

ACLU files suit in Michigan

Posted on August 14, 2012
The Michigan ACLU has taken the unprecedented step of filing a class action lawsuit in July against the Highland Park School District, the state of Michigan, and other governmental entities for failing to teach the students in the Highland Park...

Retaliation Against Parents for Advocating: An Emerging Trend

Posted on July 05, 2012
Retaliation against parents for advocating on behalf of their special needs children with their school district is an unpleasant topic. No one really knows how often retaliation occurs, but clearly it has happened frequently enough for parental advocacy to be...

Food Allergies in School, How to Deal

Posted on July 02, 2012
In 2008, the Centers for Disease Control (CDC) estimated that almost 3 million children, or 1 in 25, had food allergy. More recently in 2011, the CDC estimated that up to 6 million children, or one in 13 children, had...

Low Enrollment of Students with Disabilities in Charter Schools

Posted on June 27, 2012
The Government Accountability Office (GAO) recently released a report indicating that Federal intervention is needed to ensure that students with disabilities have access to their right to a Free Appropriate Public Education in the charter school setting...

Inclusive Preschools

Posted on May 22, 2012
More than 700,000 preschool children in this country, or 6.4% of the preschool population, have been identified as having special needs. And research has made it clear that many of these children will benefit from inclusive preschool placements where they...

Maintenance of Effort Maintained

Posted on May 10, 2012
Advocacy groups and special education students won a recent victory this April when the Department of Education?s Office of Special Education Programs rescinded its instructions to school districts from last June that would have effectively allowed school districts to make...

Parents' Frustration with IEPs With Video Humor

Posted on April 28, 2012
It this video was not so true it would be very funny. It rings so true to a number of cases that I have had especially in this age of RtI.