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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

Guidelines for Better Classroom Acoustics

Posted on July 22, 2008
The U.S. Access Board, a little known Federal agency that facilitates access to public buildings, has published guidelines and presented resources to make public spaces, specifically schools, more acoustically sound for students with disabilities. It is easy to overlook the...

New Gene Discoveries Offer Insights and Promise for Children with Autism

Posted on July 21, 2008
A recent research report from Dr. Christopher Walsh, chief of genetics at Children's Hospital Boston, published in the professional journal Science show that children with autism are not missing whole genes but are missing parts of DNA; the genes which...

Savagely Indifferent to the Truth

Posted on July 20, 2008
Other commentators are firing back with well deserved criticism of of Michael Savage's hurtful drivel that spews forth from him on the subject of autism, and for that matter on other subjects of genuine public concern. Autism News, a blog...

Individualized Therapeutic Approach Helps "Hopeless" Students

Posted on July 20, 2008
Too often the emphasis is on the failures of students especially those with severe emotional and behavioral issues. These students are considered a lost cause. The Foundation School has developed a highly individualized therapeutic approach is turning around the lives...

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Special Education Webinars

Posted on July 19, 2008
One of these days I am going to tackle the mechanics of presenting advocacy trainings through a webinar. For me I am still stuck with old fashioned in-person presentations. However the following website is offering a series of webinars on...

Worst System Except for All the Others...

Posted on July 19, 2008
When Winston Churchill was asked about the problems with Democratic systems, he was reported to have said that "it is the worse system except as compared to all the others." Here is an article dealing with the comprehensive issues that...

Lack of Plan to Move Student to LRE Denied FAPE

Posted on July 18, 2008
A very intersting case that I became aware of from the blog of Jeff Marcus, a parents' attorney in New York State is A.Y. and B.Y. v. Cumberland School District case which was decided on July 7, 2008 by District...

A Savage Fool "Speaks Out" On Autism

Posted on July 18, 2008
Hope you are sitting down for this one! Michael Savage, a right-wing radio host has determined that: weak, feminized fathers who do not berate and humiliate their children are the cause of autism. Alternatively, according to this paragon of wisdom,...

Great Epilepsy Legal Resource

Posted on July 17, 2008
Some of the most serious disabilities are those that are unseen like diabetes and epilepsy. I have had more than a few school administrators who have refused to recognize the serious needs of the child and the resulting legal duties...

Discipline: That Delicate Balance

Posted on July 16, 2008
I believe that for many students with special needs that there are many behaviors from speaking out of turn to physical acting out that are not fully cupable and should in no way be treated as criminal or subject to...

Teacher Reassigned For Revealing IDEIA Violations

Posted on July 16, 2008
I always give enormous credit to courageous teachers who take positions against their interests, in favor or children, even at risk of their jobs or job assignments. Here is a recent article regarding a Brooklyn teacher who was apparently reassigned....

Obama Endorsed by Teacher's Union

Posted on July 15, 2008
Senator Barack Obama today was endorsed by the Teacher's Union, an organization that traditionally has been antagonistic to the rights of special needs students. At the same time he was addressing this endorsement, he called for changes to NCLB (specifics?)...

San Francisco Newspaper Lacks Coherent View of Special Education

Posted on July 14, 2008
The school systems in the San Francisco Bay Area lack a coherent approach to teaching children with autism according to Nanette Asimov, the education reporter for the San Francisco Chronicle, she defines the problem in terms of the following: "For...

Action Needed: Illinois' Autism Insurance Bill Has a Second Chance

Posted on July 14, 2008
Illinois' autism insurance bill has new life, thanks to the efforts of parents Pete DiCianni, Laura Cellini, Nelly Aguilar, Enrique Abraham, Senator Jim DeLeo, Representative Angelo Saviano, and now Governor Rod Blagojevich. As you may recall, SB1900 was introduced this...

Co-Teaching an Effective Stratgey to Support Inclusion

Posted on July 13, 2008
After three decades of IDEA being the law, in one form or another, the benefits of inclusion should be well known and understood by all. Unfortunately, that is just not the case, and the benefits of educating children in a...

Support for Students with Autism at College

Posted on July 11, 2008
Some colleges and universities around the country are actually taking proactive steps to address the needs of students with autism. For many students academics is not the top issue. Socialization, organization and advocacy top the list for many students...

New Jersey Plaintiffs Win Major LRE Court Battle

Posted on July 11, 2008
The Federal District Court in New Jersey this week ruled that a major suit can go forward against the New Jersey Department of Education. The suit is premised on allegations that New Jersey has systemically excluded special needs student from...

Milwaukee Public Schools Strike Out Again

Posted on July 10, 2008
The common refrain is that schools are short on money largely because of the costs attributable to students with special needs. In Milwaukee, Wisconsin no school official can even remotely make this argument with a straight face. The school officials...

Autism One Radio Interview About the Special Education Law Clinic

Posted on July 10, 2008
Robert and Sandy Waters of Autism One Radio interviewed Nelly Aguilar and I regarding the new clinic. Nelly is the the Executive Director of the Special Education Advocacy Clinic and has been the driving force behind the the clinic. The...

Education Drops as a Campaign Issue

Posted on July 10, 2008
A recent poll revealed that economic issues have overtaken education as the top issue on the minds of voters this Fall presidential election. Education was the number one issue but has dropped to third. There is no break out for...

Praise from Wrightslaw for the Blog

Posted on July 09, 2008
There is no more comprehensive resource on the web on the subject of special education than wrightslaw.com. They have literally published the book(s) on many critical guides to advocacy. I personally use his site and material almost everyday. I feel....

Off Beat Teaching Resources on the Web

Posted on July 08, 2008
I represent lots of students who have difficulties with things like slang and parents who need a ready reference on history and other academic topics. The following post comes to me from Fiona King with references that you might not...

Candidates on NCLB and IDEIA?

Posted on July 03, 2008
Where the candidates stand on IDEIA or NCLB is largely unknown. Here is a guide that offers some minimal guidance on the respective positions of McCain and Obama. Please note that the description of NCLB in this article leaves a...

U.S. House Overwhelming Passed ADA Amendments

Posted on July 02, 2008
There is good news to report that the U.S. House of Representatives has overwhelmingly passed the ADA amendments. The bill goes to the Senate and if passed and reconciled on to the President for signature. As discussed in an earlier...

Charles P. Fox New Clinical Instructor at the Special Education Clinic at DePaul Law School

Posted on July 02, 2008
DePaul Law School, which has always been known for innovative law school teaching coupled with a mission of caring and compassion, is launching a new Special Education Advocacy Clinic in August 2008 (Download specialedclinic0408.pdf ). This clinic will be the...

Students In New York City Delayed in Receiving Timely Evaluations and Services

Posted on July 01, 2008
A recent audit from New York State reflects that a large percentage of students in New York City are not receiving timely evaluations to determine needs and eligibility. Moreover, a significant number of students are not receiving minutes of speech...

Resources on RTI May Clarify Issues

Posted on June 30, 2008
Response to Therapeutic Intervention (RTI) is frequently mentioned in a variety of contexts and is often misapplied and misunderstood. Here are a collection of free resources that may help clarify the abundant confusion in this area. It is worth looking...

FBA Requires Parent Consent and Are Subject to IEE Request

Posted on June 27, 2008
A question that has come up with some frequency has been whether schools need to get parental consent before doing a Functional Behavioral Assessment ("FBA"). Many school districts have taken the position that an FBA is more an informal assessment,...

Virigina School District Reports Special Education Students and Non-White Minorities Have Lower Character Ratings

Posted on June 26, 2008
A subjective report filed by teachers on the character of students in Fairfax County Virginia has the potential to set off a firestorm in the district. Among the key findings of the report were that: "black and Hispanic students and...

U.S. Supreme Court Refuses to Review Rights of Students Regarding Corporal Punishment

Posted on June 25, 2008
The U.S, Supreme Court in the case Serafin v. School of Excellence in Education (Case No. 07-9760) refused to review a case brought by an 18 year old student for injuries she suffered when she was paddled in school for...

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