Tag Archives: attorneys fees under IDEA

Fictitious Thinking: The “New” Definition of Autism

Published on January 21, 2012 by Jennifer Laviano

Do you remember the character Cassandra from Greek mythology?  Her curse was that she could accurately predict the future, but nobody would believe her when she warned them about it. Today I feel like Cassandra. In 2009, I wrote a blog post about the impending changes to the definition of “autism” in the DSM-V.  I [...]

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35 Years of IDEA: A Dream Deferred?

Published on December 2, 2010 by Jennifer Laviano

A few days ago marked 35 years since the federal special education statute, now known as IDEA, was signed into law.  It is hard to believe that within my lifetime, and probably yours, it was legally permissible to exclude children with disabilities from our public schools entirely. Think about that for a minute. A little [...]

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10 Special Ed “Back To School” Readiness Questions

Published on August 30, 2010 by Jennifer Laviano

It’s “back to school” time!  While many of my clients receive Extended School Year (ESY) services over the summer, I have learned over the years in my special education law practice that, regardless of whether your child receives ESY services, a number of things can occur over a summer that might impact his or her [...]

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Phoebe Prince, Bullying, Disabilities, and the Eggshell Skull

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 [...]

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The “Dream” Program

Published on May 29, 2010 by Jennifer Laviano

So, I already have a page of Ridiculous Comments made by school district personnel, and their lawyers.  But lately, I’ve decided that my clients have some doozies also…so I’ve created this page:   Truly Funny, Sad, Insightful, or Outrageous Quotes From Parents. My clients inspire me.  They really do.  I can not imagine how they manage [...]

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NO, You Don’t Have to Pay the School’s Attorneys’ Fees If You Lose!

Published on August 9, 2009 by Jennifer Laviano

Congress last “reauthorized” the IDEA in 2004.  As occurred the time before that (1997) there were a number of changes lobbied for by both school and parent organizations.  One of the changes to the 2004 IDEA which has been a serious concern of mine since it was passed was the provision related to attorney’s fees [...]

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10 Tips for Starting a Special Education Law Practice, Part VII

Published on May 17, 2009 by Jennifer Laviano
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10 Tips for Starting a Special Education Law Practice, Part VI

Published on May 14, 2009 by Jennifer Laviano

The stakes are incredibly high when one is representing the interests of children with special education needs.  While I think it is a good idea to weigh the “pros and cons” of entering any field of practice, or any profession for that matter, my personal belief is that this particular calling requires more consideration, research [...]

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