Eligibility Determinations | Special Ed Justice | Connecticut Special Education Lawyer

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 [...]

Cherry Picking IEP Members

Published on March 15, 2011 by Jennifer Laviano

Despite nearly 15 years practicing special education law in Connecticut, there are still some old tricks which school districts employ which astound me. Not that I am surprised that they continue to do it, but rather, that they think I won’t notice after all of this time. One of the oldest tactics is when special [...]

Filed Under Occasional Rants Tags: connecticut, Connecticut Education, Connecticut Special Education, Connecticut Special Education Law, Eligibility determinations, Eligibility under IDEA, FAPE, IDEA, IDEA claims, IEP Meetings, IEP Team Members, IEP Teams, IEPs, inclusion, Present levels of Performance, special education, special education attorneys, Special Education Law, Special Education Law and Advocacy, special education lawyers

IEEs: Do You Have to Explain Why You Disagree?

Published on February 14, 2011 by Jennifer Laviano

As I have covered on several occasions in the past, a parent’s right to an Independent Education Evaluation (IEE) under the IDEA is, in my view, one of the strongest available under the special education laws. This opportunity to get a “second opinion” on the school district’s evaluations is, in many cases, the difference [...]

Filed Under Tips for Parents Tags: Connecticut Education, Connecticut Special Education, Connecticut Special Education Law, eligibility, Eligibility determinations, Eligibility under IDEA, evaluations, FAPE, IDEA, IDEA claims, IEE, IEEs, Independent Educational Evaluations, informed consent, Meaningful Parental participation, special education, Special Education Law, Special Education Law and Advocacy, special education laws, special education testing

DON’T THROW AWAY ANYTHING!!!

Published on December 22, 2010 by Jennifer Laviano

Sometimes it’s difficult to know what to to be happy about as an attorney who represents children with disabilities. As you can imagine, the facts that support a “really great special education case” are, by definition, at best unpleasant, and at worst horrific. It’s an odd feeling, reviewing a child’s special education records. When I [...]

Filed Under Tips for Parents Tags: connecticut, Connecticut Education, Connecticut Special Education, Connecticut Special Education Law, Due Process, due process hearings, eligibility, Eligibility determinations, Eligibility under IDEA, FAPE, FERPA, IDEA, IDEA claims, IDEA Due Process Hearings, IEPs, informed consent, Meaningful Parental participation, Parent networking for disabilities, Parental participation, special education, special education attorneys, Special Education Due Process Hearings, Special Education Law, Special Education Law and Advocacy, special education laws, special education lawyers

Ask for the Email

Published on November 18, 2010 by Jennifer Laviano

Whenever parents retain my firm, I ask them to sign a form requesting all of their child’s education records be sent to me as their special education lawyer. It’s a standard “FERPA” request…the easiest way to explain FERPA is that it is sort of like the educational version of HIPAA. Bottom line is that I [...]

Filed Under Tips for Parents Tags: Connecticut Education, Connecticut Special Education, Connecticut Special Education Law, Due Process, due process hearings, eligibility, Eligibility determinations, Eligibility under IDEA, evaluations, FAPE, FERPA, FERPA issues, IDEA claims, IDEA Due Process Hearings, IEP Meetings, IEP Team, IEP Team meetings, IEPs, informed consent, Meaningful Parental participation, Mediation, Parent networking for disabilities, special ed records, special education, special education attorneys, Special Education Due Process Hearings, Special Education Law and Advocacy, Special Education Law practice, special education laws, special education lawyers, special education testing

“Why Would We Do an Evaluation, She Already Gets Services?”

Published on November 9, 2010 by Jennifer Laviano

As a parents’ special education attorney in Connecticut, I hear outrageous statements that parents are told by their school districts on an almost daily basis. But, sometimes, I am told something that passes the realm of outrageous, and crosses into ridiculous. Such statements mislead or misrepresent the school’s legal obligations, and always in a way [...]

Filed Under Ridiculous Comments Tags: autism, Autism spectrum disorders, connecticut, Connecticut Education, Connecticut Special Education, Connecticut Special Education Law, eligibility, Eligibility determinations, Eligibility under IDEA, evaluations, FAPE, IDEA claims, IEEs, IEP Meetings, IEP Team, IEP Team meetings, IEP Teams, IEPs, Independent Educational Evaluations, informed consent, Parental participation, special education, Special Education Law practice, special education laws, special education testing

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 [...]

Filed Under Tips for Parents Tags: attorneys fees under IDEA, connecticut, Connecticut Education, Connecticut Special Education, Connecticut Special Education Law, eligibility, Eligibility determinations, Eligibility under IDEA, ESY, extended sc, FAPE, IDEA claims, IEP Meetings, IEP Team, IEP Team meetings, IEP Teams, IEPs, Meaningful Parental participation, special education, Special Education Law and Advocacy, Special Education Law practice, special education laws, transition services

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 [...]

Filed Under Occasional Rants Tags: Add new tag, attorneys fees under IDEA, bullying, bullying of kids with disabilities, connecticut, Connecticut Education, Connecticut Special Education, Connecticut Special Education Law, eligibility, Eligibility determinations, Eligibility under IDEA, emotional disabilities under IDEA, emotional disability, evaluations, FAPE, special education, Special Education Law and Advocacy, Special Education Law practice, special education laws, special education testing

On Giftedness, Disability, and Public Perceptions

Published on April 20, 2010 by Jennifer Laviano

So, I have been following the new series Parenthood with interest. Yes, I loved the movie, and I like enough of the cast members to have tuned in. But I started to commit to watching it weekly when I saw they were incorporating a story line about a family grappling with their child’s diagnosis of [...]

Filed Under Current Affairs Tags: Add new tag, Autism spectrum disorders, Connecticut Special Education, Connecticut Special Education Law, Eligibility determinations, Eligibility under IDEA, evaluations, giftedness, Meaningful Parental participation, Parent networking for disabilities, special education, Special Education Law and Advocacy

First They Ignore You…

Published on April 17, 2010 by Jennifer Laviano

One of the most frustrating aspects of my job as a parents’ side special education attorney is trying to help my clients regain trust in the system. Sometimes, this is nearly impossible. As I’ve said before, by the time a parent of a child with special education needs has made the difficult decision to hire [...]

Filed Under Occasional Rants Tags: Add new tag, Connecticut Special Education, Connecticut Special Education Law, Eligibility determinations, evaluations, FAPE, IDEA claims, IEP Meetings, IEP Team meetings, Meaningful Parental participation, special education, special education attorneys, Special Education Law and Advocacy, special education lawyers

Tag Archives: Eligibility determinations

Fictitious Thinking: The “New” Definition of Autism

Cherry Picking IEP Members

10 Special Ed “Back To School” Readiness Questions

Phoebe Prince, Bullying, Disabilities, and the Eggshell Skull

On Giftedness, Disability, and Public Perceptions

First They Ignore You…

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