Tag Archives: due process hearings

Connecticut Enacts Important Autism Legislation

Published on May 6, 2010 by Jennifer Laviano

Another late night at the Capitol last night, showing support for the passage of HB 5425.  Around midnight, just before the legislative session ended, the Senate voted by consent (unanimously) to pass HB 5425.  Yes, this is the same bill that previously included very concerning language regarding Connecticut’s Burden of Proof in special education due [...]

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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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“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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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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The Proof Shall Set You Free

Published on July 28, 2009 by Jennifer Laviano

One of my favorite movie lines is from A Few Good Men, when accused Marine Lance Cpl. Dawson asks his lawyer, Lt. Caffey (a/k/a Tom Cruise) whether or not he believes him.  His ultimate reply:  “it doesn’t matter what I think, it matters what I can prove!” is something I think of often in my [...]

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Try to See The Forest, Not the Trees

Published on July 15, 2009 by Jennifer Laviano

I had a discussion today with a former client whose child is now an adult.  As we were catching up, we started talking about how much more relaxed she seemed, having successfully navigated the special education system several times over the many years, and now obtaining appropriate adult services for her son.  We recalled how [...]

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On July 9, 2009, Help Restore Fairness to the IDEA

Published on July 7, 2009 by Jennifer Laviano

This Thursday, July 9, 2009, thousands of individuals and organizations who care about the rights of students with disabilities are coordinating a “call in” to Congress to help to restore fairness in the IDEA by requiring that parents who prevail in Due Process Hearings against their districts are entitled to having their expert witnesses reimbursed.  [...]

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How You Can Help Your Special Education Advocate or Attorney

Published on June 28, 2009 by Jennifer Laviano

If you have decided to retain the services of either a special education attorney or a non-attorney advocate, you are about to embark upon a difficult, but hopefully successful, venture together.  Most professionals charge for their time, and many do so by the hour.  Therefore, if you have made the decision to hire such an [...]

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Forest Grove Decided…and The Spin Begins

Published on June 22, 2009 by Jennifer Laviano

Today was a great day for children with special needs.  The United States Supreme Court issued a Decision in the case of Forest Grove School District v. T.A.  In the Ruling, the Court found in a 6-3 Opinion that parents of a child with a disability who are forced to fund a private school in [...]

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Should I Attend a Special Education Mediation?

Published on May 23, 2009 by Jennifer Laviano

Each State is required under the IDEA to make Mediation opportunities available for parents of children with special education needs.  In fact, it is a procedural safeguard ever since the 2004 IDEA.  While the process is voluntarily for both parents AND school districts, some parents feel pressured to attend a Mediation, or even believe it [...]

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