Tag Archives: Connecticut Special Education

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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The Day After Graduation

Published on February 24, 2010 by Jennifer Laviano

One of the greatest things I’ve discovered since starting this blog is that there are so many lawyers and law students interested in practicing special education law who are thirsty for knowledge about how to get started.  I had the distinct pleasure of being contacted by Attorney Matthew Stoloff last year as he was [...]

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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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Should I Tape Record the IEP Meeting?

Published on January 24, 2010 by Jennifer Laviano

In my special education law practice in Connecticut, parents ask me all the time about tape recording their child’s IEP Team meetings.   Like most things, there are benefits and detriments to doing so, and I have heard parents’ attorneys and advocates come down on both sides of the question.  Some record each and every IEP [...]

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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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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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Knock It Off!

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, [...]

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Enforcing Mediation Agreements

Published on November 23, 2009 by Jennifer Laviano

We’ve covered whether to attend a Mediation.  There are benefits and risks, but generally it is a forum which I recommend, where appropriate.
But what happens if you’ve already attended one, reached a Mediation Agreement, and the school district isn’t honoring it?
Unfortunately, in my special education law practice, I am regularly contacted by parents of children [...]

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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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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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