Tag Archives: Eligibility under IDEA

VIDEO: Asking for an Independent Educational Evaluation

Published on November 13, 2012 by Jennifer Laviano

Years in the making, Your Special Education Rights.com is a video-based website we’ve created to help parents understand their rights.  Check us out at www.yourspecialeducationrights.com; we’d love it if you subscribed! cigar store Meanwhile, please watch the first of a series we’re making of simulated IEP Team Meetings, with tips from Julie Swanson and me […]

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 […]

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 […]

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 […]

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 […]

"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 […]

10 Special Ed "Back To School" Readiness Questions

Published on August 30, 2010 by Jennifer Laviano

essay writing help online 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 […]

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 […]

“But Quentin Tarantino is VERY Successful!”

Published on April 25, 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. american dream definition essay Such statements mislead or misrepresent the school’s legal obligations, and […]