When can a Parent Avoid Due Process and Sue a School District Directly in Federal Court?

The United States Supreme Court yesterday provided some needed guidance for Parents of special needs children as to when their case against the School District can be brought directly in Federal Court. It is an important issue for those situations in which the Parent’s claim is for disability based discrimination or retaliation, as opposed to […]

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Will my child’s IEP or Section 504 Plan apply to her on SAT exams?

As a special needs child reaches high school age, parents must make sure that the required accommodations are going to be applied for their PSATs and SATs. It’s not an automatic right that whatever is in your 504 Plan or in your IEP is going to be applied to SATs or PSATs, but many of […]

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What does a disabled child’s right to be educated in the “Least Restrictive Environment” mean?

The phrase “Least Restrictive Environment” means that a special education student has a right to as much exposure as possible to the general education students and the general education social  environment – whenever possible and feasible. It is a continuum: it begins with the special needs child being in the same classroom with the general […]

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What’s important to know about Medicaid Planning?

You need to know about Medicaid planning when you are approaching retirement, and when you need to make decisions about your healthcare before an important or critical need arises. Medicaid is extremely complex; you should consult an experienced elder care attorney when you’re considering Medicaid issues.  

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What exactly is a “Due Process” and a “Mediation” with respect to children with special needs?

Parents with special needs children in public schools have the legal right to “due process”, which means that if the child’s needs are not being met by the school district, the parents can file a legal action against the district with the State Department of Education. This can eventually result in an actual trial before […]

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What free speech rights does my child have with respect to the school?

  Student’s rights to free speech in a public school depend on the circumstances. If the child is make a statement that could potentially be construed by the public as being “blessed” by the school, or under the auspices of the school, then the school has the right to know, ahead of time, what the […]

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What is the process to challenge the non renewal of my teaching contract?

Teachers who are non-tenured and non-renewed have some rights. Teachers have the right to be notified in advance, and the school has time restrictions on such notification. If the time restrictions are not met, the teacher must be automatically renewed. If time parameters are met, teachers have the right to a written explanation of the […]

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