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. [...]
Filed Under Current Affairs
Tags: Connecticut Special Education, due process hearings, evaluations, expert fees under IDEA, Expert witnesses, IDEA, IDEA Fairness Restoration Act, Prevailing party fees, special education, special education fees, Special Education Law
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 [...]
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 [...]
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 [...]
Published on
May 20, 2009 by
Jennifer Laviano
The IDEA requires States to provide Mediation opportunities to parents of children with special education needs to resolve disputes with their school districts. In addition to Mediation, States can elect to offer other types of dispute resolution procedures as alternatives to litigating a Due Process Hearing, and Connecticut has incorporated a procedure called “Advisory Opinions” [...]
Filed Under Special Ed - CT specific
Tags: Advisory Opinion Hearings, Advisory Opinion Process, Alternative dispute resolution in special education, connecticut, Connecticut Advisory Opinions, Connecticut Special Education, Connecticut Special Education Law, due process hearings, Hearing Officers, IDEA claims, Mediation, special education
Published on
May 19, 2009 by
Jennifer Laviano
I am often asked by prospective clients and parents of children with special education needs who attend workshops and speeches I give: “I know I need some help at my child’s IEP meetings, but should I hire a special education advocate or a special education lawyer?” It’s an excellent question, and in a very lawyerly [...]
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 [...]
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 [...]
Published on
May 10, 2009 by
Jennifer Laviano
If you are like many of my clients, you may have heard your school district mention the “PJ Case” at your IEP Team meeting. What is it, and why is everyone talking about it? In 2002, the United States District Court for the District of Connecticut approved a settlement agreement and Consent Decree between the [...]
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