Tag Archives: Connecticut Special Education Law

Connecticut’s Burden of Proof, Redux

Published on March 6, 2010 by Jennifer Laviano

Here we go again.
Last Spring, I wrote about how parents of children with special education needs in Connecticut, as well as their advocates and attorneys, organized to successfully oppose efforts by school districts to switch the Burden of Proof in Special Education Due Process Hearings from the school district, who has the burden now, to [...]

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A Simple Question, Well Placed

Published on February 18, 2010 by Jennifer Laviano

Whenever I am asked to present to public school educators or special education administrators on the subject of the rights of children with disabilities, I try to remind them that, in every profession, continuing education should be embraced and appreciated.  This is because I have found so many problems when teachers feel threatened by a [...]

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Paging Dr. Freud

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 [...]

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What NOT to Wear to Your Due Process Hearing

Published on February 10, 2010 by Jennifer Laviano

Many of my clients will ask me what to wear to their child’s special education Due Process Hearing.  As a matter of law, it should be entirely irrelevant to the proceedings what the parents of children with disabilities are wearing.  Impartial Hearing Officers are not saying “I found in favor of the school district because [...]

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It’s a New Year, So Sue Me

Published on January 6, 2010 by Jennifer Laviano

Getting school systems to either fund additional special education services, or to reimburse parents who pay for necessary services themselves, has always been an uphill battle.  The reasons are numerous, but money is without question at the top of the list.  That’s nothing new.  However, over the years, most reasonable school district lawyers, and special education [...]

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Side Effects May Include Dry-Mouth

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 [...]

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You’re Not Invited

Published on December 15, 2009 by Jennifer Laviano

How is it that, in disputes between parents and school districts, whenever an IEP Team Member starts to align their recommendations with the parents’ position, they suddenly stop getting invited to that child’s IEP Meetings?  In my Connecticut special education law practice, I see this all the time.
Example 1:  the parents believe that their child [...]

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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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Assistive Technology Under IDEA

Published on November 3, 2009 by Jennifer Laviano

Did you know that Assistive Technology is required, by federal law, to be considered in the development of EVERY SINGLE IEP?
Yes, that’s right.  AT should be discussed every time an IEP is being developed.
The IDEA states that the IEP Team “must,” in the development of IEPs, “consider whether the child needs assistive technology devices and [...]

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Mass Exiting

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 [...]

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