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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: 1.1/day

Last Entry: February 25, 2011 at 02:04:00

Judge Rotenberg School Still Using Shock Treatment

Posted on June 25, 2008
One of the hardest decisions that parents make is to seek residential placement, sometimes at a great distance from home. I regularly have clients who require residential schooling; often it is a matter of life and death. Knowing which school...

Action Needed on ADA Bill Pending in Congress

Posted on June 24, 2008
ADA for parents of children with special needs may not be part of everyday concerns. When our children age out or graduate from IDEIA this will be one of the primary sources of substantive rights in the workplace and in...

Poor Kids Losing Out In City Schools

Posted on June 24, 2008
Recent data from the U.S. Department of Education shows that being poor is directly correlated to educational achievement. This report does not break out students with special education needs but there can not be any question that as awful as...

Psychic Vision Leads to Child Protective Services Call on Parent

Posted on June 18, 2008
I have seen school districts using calls to child protective services agencies as a means of chilling parental advocacy. Of course, these calls are couched under the heading of "doing our jobs", "better safe than sorry", and "we are mandatory...

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Illinois Autism Legislative Action Needed on May 29, 2008

Posted on May 28, 2008
Autism Votes... It's time for lawmakers to listen. Dear Illinois Autism Advocate, Thank you for all your hard work thus far to make SB 1900 a reality! WE ARE ALMOST THERE! As you know SB 1900, when passed, will end...

Florida Teacher Needs to be Voted Off the Island

Posted on May 27, 2008
School personnel too often have an unshakable belief in their own inherent virtue and goodness; "we are here for the children after all." I run into the falsity of this belief all too often. A prominent illustration of a total...

IEP Strategy Checklist

Posted on May 23, 2008
Back in March, I presented to a very enthusiastic group of parents and advocates at the COPAA conference. It was a great time and for those of who can attend next year in Washington DC (in early March 2009) I...

How Many IEP Team Members Does It Take To Change A Light Bulb by Lori Miller Fox

Posted on May 22, 2008
Like for many of you, now that my son?s IEP is over I can finally breathe--even if only to hyperventilate. The incredible stress that often leads up to and occurs during an IEP (or Infliction of Excruciating Pain as I?ve...

IDEA Fairness Restoration Act Call Congress on May 6, 2008

Posted on April 24, 2008
It is time that we make our voices heard in C0ngress. The following pending bill is one in a series of measures to overturn ill conceived and damaging Supreme Court decisions that have harmed the rights of parents. PLEASE CALL...

Communication None-0-1 by Lori Miller Fox

Posted on February 21, 2008
When I was in school, I don?t remember parents and teachers talking very much at all, maybe because it took close to five minutes to dial a seven-digit number on a rotary phone. So communication was pretty minimal: a nod...

Service Dog In East Meadow, N.Y. Defeated in Court

Posted on January 24, 2008
This post is a followup to a series of earlier blogs regarding the dispute between the family of a child with special needs and the East Meadow School District in New York over allowing the student to have his service...

Accessible E-Texts

Posted on January 18, 2008
Having access to text that can be readily converted into spoken words can be a critical part of becoming a proficient reader, a student who is meaningfully included in school, and employable in the world outside of school. For my...

Here Is An Issue the Candidates Need to Talk About

Posted on January 17, 2008
The Federal government's employment of people with disabilities is at an all time low according to a Washington Post story. Unemployment generally of people with disabilities is at very high levels of 30% or greater. IDEIA is supposed to produce...

A Teenager with Disabilities Statement of Love and Courgage

Posted on January 17, 2008
The following is a statement from a client of mine who has disabilities. He is a teenager. He was adopted a number of years ago. Over the last year and a half he has been the frequent victim of bullying...

Bipolar Disorder and IEP's by Amanda Windom

Posted on January 15, 2008
Bipolar disorder diagnosis in youth (under 20 years of age) drastically increased in less than ten years. A comprehensive study published by Archives of General Psychiatry found that in 1994-1995 twenty-five per 100,000 office based visits for youth resulted in...

In a Land Called (Im)Perfect by Lori Miller Fox

Posted on January 01, 2008
Now that the holiday season is over, we can all breathe a sigh of relief. Gone (until next year anyway) are the reams of circulars picturing perfect families bonding over perfect games. Off-air are the educational,ly-based, imagination-stimulating, motor-challenging, award-winning toys...

Burden of Proof Proposed to be Put Back on Schools in New Jersey

Posted on December 01, 2007
The New Jersey legislature is considering a bill that would effectively reverse the effect of Shaffer. This law if passed could serve as a ready model for other states to follow to once again put the burden of proof on...

Action Needed on December 3, 2007 For IDEA Fairness Restoration Act

Posted on November 30, 2007
The following is a bulletin from the National Down Syndrome Congress calling for concerted public action on December 3, 2007 to push this bill into becoming law. IDEA Fairness Restoration Act Take Action! Contact Your U.S. Representatives on Monday December...

Good Examples of Parent Input Statements

Posted on November 29, 2007
I have written in the past as to the importance of parent input statements. A friend has sent me examples that have proven to be especially useful for her children, that can serve as a model for future advocacy. These...

How to Cook a Turkey or Baste makes Waste by Lori Miller Fox

Posted on November 22, 2007
As a parent of a child with special needs, I am all too aware of differences. Because of this, I get especially tired of being asked to keep up with other people?s expectations. Finding the time or the patience to...

Time to Reverse Shaffer and Arlington Central: IDEA Fairness Restoration Act

Posted on November 15, 2007
COPAA, one of the leading legal advocacy organization that focuses on special education rights is organizing letter writing parties and a campaign generally to overturn the Supreme Court's decisions in Shaffer (burden of proof on parents in due process) and...

I Did Not Learn All I Really Need to Know in Kindergarten by Lori Miller Fox

Posted on October 23, 2007
You?ll have to excuse me for not having written a timely humorous piece on Halloween, which is in fact half-written and saved on my computer for next year?s October deadline. Instead, after having spent two long days in the hospital...

Stinging Back Over Tom F.

Posted on October 11, 2007
I am glad the folks over at NSBA's BoardBuzz have a good sense of humor over my criticisms of their commentary of the Tom F. case. They 'stung' back today with a response to yesterday's blog. My only responses to...

In the Tom F. Case The Tie Goes for the Parents

Posted on October 10, 2007
In the Tom F. case the U.S. Supreme Court issued a decision (see pdf below) which effectively ruled in favor of a parents right to place their child in an out of district placement, sue for reimbursement, even if that...

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