Category Archives: Parents

The Calm Before The Storm

Published on June 29, 2010 by Jennifer Laviano

I feel a little guilty for having neglected my blog most of this month, but the volume of IEP meetings, mediation, and Due Process Hearing commitments has prohibited me from writing much other than responses to Motions to Dismiss, 10 day notice letters, and a whole lot of nasty grams!
The month of June has left [...]

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Even a Broken Clock…

Published on March 25, 2010 by Jennifer Laviano

One of the hardest things about being a parents’ special education attorney is that there are times where you realize that the success or failure of the child’s case may depend on how capable the parent is at testifying.  That’s a tough pill to swallow.
But every once in a while, you have a moment where [...]

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“They Should Tell You This is Part of The Job!”

Published on November 16, 2009 by Jennifer Laviano

Several years ago, I was cross-examining a teacher in a Due Process Hearing.  It was a pretty hotly contested case, and we were several days into testimony.  The student (my client) had severe dyslexia, which had been identified fairly early into her education.  Unfortunately, the interventions provided by the school district had been pretty ineffective.  [...]

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There’s Water on the Moon…What about FAPE?

Published on November 13, 2009 by Jennifer Laviano

I had a discussion with a client today that went something like this:

Client:  “I’ve about had it with this school district!  If things don’t get better, I’m going to move.”

Me:       “You’re not moving anywhere, especially until you’ve spoken with me to make sure you’re not going from the frying pan into the fire.  Some districts [...]

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It’s Worth It

Published on August 18, 2009 by Jennifer Laviano

Representing children and adolescents with special education needs is an honor and privilege, and I have to say that I really love my chosen field.   But some days it can also be exhausting and depressing.  School districts have the ability, and too often the inclination, to fight families over services, sometimes for years.  Time is [...]

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Unseemly IEP Team Member: “The Liar”

Published on June 20, 2009 by Jennifer Laviano

“The Liar”

Let me start by saying that, while I have unfortunately seen my share of dishonesty on the part of many IEP Team Members over the many years I have been practicing special education law on behalf of children, usually it comes in the form of misleading comments, convenient omissions, or minor misrepresentations when the [...]

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Unseemly IEP Team Member: “The Cheerleader”

Published on June 8, 2009 by Jennifer Laviano

“The Cheerleader”
So, a parent of a child with special education needs arrives at an IEP meeting with a list of serious concerns.  Not infrequently, their child is struggling, and the parents’ disagreements with the program are significant.  There may even be severe academic or behavioral regression at the time of the meeting.  Sometimes the parents [...]

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Unseemly IEP Team Member: “The Pseudo-Psychologist”

Published on May 27, 2009 by Jennifer Laviano

“The Pseudo-Psychologist”
The “Pseudo-Psychologist” does not necessarily have to be a school psychologist.  It is any staff member who begins throwing around psychological terms as if they are certain they have all of the answers.  Far worse is when you get the Pseudo-Psychologist who starts opining as to the appropriateness of the medications your child is [...]

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Unseemly IEP Team Member: “The Wily Fox”

Published on May 15, 2009 by Jennifer Laviano

“The Wily Fox”
From the perspective of a parents’ special education attorney, this is the most dangerous of all IEP Team members.   A Wily Fox is a person, usually a high level special education administrator, who has been studying the IDEA.  Often, they have attended a number of conferences on special education law, and sometimes they [...]

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Unseemly IEP Team Member: “The Lawless Renegade”

Published on May 13, 2009 by Jennifer Laviano

“The Lawless Renegade”
IEP Team Meetings can and should include a wide range of educational professionals.  Unfortunately, every once in a while they include a “lawless renegade.”  This is a person who either does not know about, or does not care about, the school district’s legal obligations under federal and state special education laws.  Scarier still [...]

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