Monthly Archives: April 2009

Common Legal Mistakes Parents of Children with Special Education Needs Make, But Can Avoid: Part VIII

Published on April 30, 2009 by Jennifer Laviano

Part eight in the Series:  Unfortunately, prevailing in a legal dispute against your school district is very difficult, so if you can avoid some common traps, why not just avoid them? If you’ve already done one of these things, don’t give up hope, but do try to rectify the situation. If you haven’t done any […]

Independent Educational Evaluations (IEEs)

Published on April 28, 2009 by Jennifer Laviano

One of the most important safeguards which exists in the IDEA for parents of children with disabilities is the right to ask for an Independent Educational Evaluation (IEE). While special education administrators hate it when I point it out, district personnel have a vested interest in the outcome of testing. If the testing indicates that […]

Inclusion Is Not Osmosis

Published on by Jennifer Laviano

As most parents of children with special education needs have heard, children with disabilities are required, by law, to be educated in the Least Restrictive Environment (LRE) appropriate to meet their needs.  The strong preference is that we have our children with special education needs in the same educational setting that they would be in […]

Common Legal Mistakes Parents of Children with Special Education Needs Make, But Can Avoid: Part VII

Published on April 27, 2009 by Jennifer Laviano

Part seven in the Series:  Unfortunately, prevailing in a legal dispute against your school district is very difficult, so if you can avoid some common traps, why not just avoid them? If you’ve already done one of these things, don’t give up hope, but do try to rectify the situation. If you haven’t done any […]

When Do I Need A Special Education Lawyer?

Published on by Jennifer Laviano

When I give presentations to special education groups in Connecticut and elsewhere, I am almost always asked by at least one parent “when do I need a special education lawyer?”  binary option Deciding to “lawyer up” in your dispute with your school district is never easy.  Obviously, no parent wants to be in a position where they have […]

Common Legal Mistakes Parents of Children with Special Education Needs Make, But Can Avoid: Part VI

Published on April 26, 2009 by Jennifer Laviano

Part six in the Series:  Unfortunately, prevailing in a legal dispute against your school district is very difficult, so if you can avoid some common traps, why not just avoid them? If you’ve already done one of these things, don’t give up hope, but do try to rectify the situation. If you haven’t done any […]

You’re Not Having Dinner with These People

Published on April 25, 2009 by Jennifer Laviano

It can be incredibly difficult for many parents to express their concerns about their children’s program to the school district staff.  I can not even count the number of times I have been interviewing a prospective client who has been going along with the school district’s recommendations for years, even though something in their gut […]

Eligibility for Special Education Services End Date Unchanged in Connecticut

Published on by Jennifer Laviano

Since posting about the resolution (for now) of the Burden of Proof in Due Process Hearings in CT (read under “The Burden of Proof in CT Due Process Hearings” published 4/12/09 in this blog), I have gotten several emails asking what happened to the other provision of the special education laws which was up for […]

“What Will Happen When I’m Gone?”

Published on April 24, 2009 by Jennifer Laviano

As a Connecticut special education lawyer who has been representing students with disabilities for many years, I find that most parents who are fighting to get their child the right special education services are most fearful of what will happen to their child when they are no longer able to take care of them. Getting […]

Bullying of Kids with Disabilities : How Can We Make it Stop?

Published on April 22, 2009 by Jennifer Laviano

Yet another sad story of a child who committed suicide because he was being bullied at school.  Poor Carl Joseph Walker-Hoover of Massachusetts killed himself, apparently to put an end to the constant bullying to which he was subjected by his peers at school.  Reportedly, Carl was routinely humiliated based on perceptions on his tormentors’ […]