Published on
August 10, 2010 by
Jennifer Laviano
There is a theory in the law known as the “eggshell skull principle”, which, in essence, means that a person who commits a wrongful act takes their victim as they find them. For example, Person A hits Person B over the head with a baseball bat. Of course it’s an assault, but you’d also assume [...]
Filed Under Occasional Rants
Tags: Add new tag, attorneys fees under IDEA, bullying, bullying of kids with disabilities, connecticut, Connecticut Education, Connecticut Special Education, Connecticut Special Education Law, eligibility, Eligibility determinations, Eligibility under IDEA, emotional disabilities under IDEA, emotional disability, evaluations, FAPE, special education, Special Education Law and Advocacy, Special Education Law practice, special education laws, special education testing
Published on
April 17, 2010 by
Jennifer Laviano
One of the most frustrating aspects of my job as a parents’ side special education attorney is trying to help my clients regain trust in the system. Sometimes, this is nearly impossible.
As I’ve said before, by the time a parent of a child with special education needs has made the difficult decision to hire a [...]
Filed Under Occasional Rants
Tags: Add new tag, Connecticut Special Education, Connecticut Special Education Law, Eligibility determinations, evaluations, FAPE, IDEA claims, IEP Meetings, IEP Team meetings, Meaningful Parental participation, special education, special education attorneys, Special Education Law and Advocacy, special education lawyers
Published on
February 15, 2010 by
Jennifer Laviano
I guess I was due for a rant.
First, I get a vile comment on the blog that likened Asperger’s Disorder to a fad, and further blamed a number of disabilities on poor parenting. Thankfully, you, my loyal readers, jumped on board and shamed this yahoo with your reasoned replies. I have yet to learn more [...]
Published on
December 27, 2009 by
Jennifer Laviano
Am I the only one who yearns for the days before drug companies had ads on television? Remember, back when, if your doctor thought you needed a medication, she would prescribe it? Today, you are practically begged to self-diagnose, and only then ask your doctor “if it’s right for you.” Serious psychiatric conditions are reduced [...]
Published on
December 3, 2009 by
Jennifer Laviano
I’ve previously discussed ways in which school districts can try to drive a wedge between teenagers and their parents in a manner which benefits the school. But I have been seeing so much more of this lately, and in much worse ways, that I felt the issue needed revisiting. Just in the last few months, [...]
Published on
October 20, 2009 by
Jennifer Laviano
When lawyers get involved, very often experts are retained. I get it. Really, I do. But nothing makes me quite as angry as when a school district brings in an outside expert for the purpose of preparing their legal case, when for years the parents have been refused that very expertise by the same people!
It [...]
Published on
October 15, 2009 by
Jennifer Laviano
Hey, nobody likes having to admit they were wrong. I don’t like it, and I’m sure you don’t either. But it never ceases to amaze me how much time and money is spent litigating special education matters, simply because somebody is unwilling to acknowledge that they made a mistake.
As a Special Education attorney who represents [...]
Published on
October 11, 2009 by
Jennifer Laviano
Once a student has been identified as being eligible for special education and related services under the IDEA, they remain so until and unless they 1) graduate from high school, 2) “age out” of eligibility, or 3) are determined to be no longer eligible. This last scenario is commonly referred to as being “exited” from [...]
Published on
September 24, 2009 by
Jennifer Laviano
It’s unfortunate, but true: when parents of children with disabilities begin to seriously question the appropriateness of the special education program being provided to their child, the school district will often start to play “the blame game.”
The Special Education Blame Game is when educators attempt to assign responsibility for a student’s lack of success in [...]
Published on
September 15, 2009 by
Jennifer Laviano
A friend of mine who is a special education advocate, and who also happens to be the mother of a teenager with a disability, brought to my attention a few years ago that she finds it offensive when school district staff refer to her, and other mothers, as “mom.” As an example, during an IEP [...]
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