Tag Archives: evaluations

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 [...]

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 [...]

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 a [...]

Sour Grapes

Published on October 15, 2009 by Jennifer Laviano

Hey, nobody likes having to admit they were wrong.  I don’t like it, and I’m sure you don’t either.  But it never ceases to amaze me how much time and money is spent litigating special education matters, simply because somebody is unwilling to acknowledge that they made a mistake.
As a Special Education attorney who represents [...]

Missed Opportunities

Published on August 13, 2009 by Jennifer Laviano

Recently, I attended an IEP Team Meeting that was, well, dare I say it?  Lovely.  I mean it.  About a year ago, the parents had hired me to represent their son, because they just could not convince their school district that their child was really, truly struggling.  He is one of those kids that can [...]

Top 5 Tips for Reviewing School Evaluations, Tip 5

Published on August 2, 2009 by Jennifer Laviano

I am by no means a psychiatrist, psychologist, school psychologist, special education teacher, or related service provider.  I am not licensed or trained in administering any of the test typically given to students with disabilities in our public schools.  However, over the many years I have been representing children with special education needs in my [...]

When Drugs and Special Education Mix

Published on July 30, 2009 by Jennifer Laviano

Many studies show that students with learning and other disabilities are at greater risk for using drugs and alcohol than their non-disabled peers.   Sadly, this doesn’t surprise me much.  The drop-out rate for students with special education needs is higher, as well, and we are all concerned about the “school to prison pipeline” for students [...]

Top 5 Tips for Reviewing School Evaluations: Tip 1

Published on July 8, 2009 by Jennifer Laviano

I am by no means a psychiatrist, psychologist, school psychologist, special education teacher, or related service provider.  I am not licensed or trained in administering any of the test typically given to students with disabilities in our public schools.  However, over the many years I have been representing children with special education needs in my [...]

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.  [...]

The DSM-V: How Will It Impact Special Education?

Published on June 27, 2009 by Jennifer Laviano

I am not even remotely a mental health professional.   I majored in English Literature and went on to become an attorney.  However, in my special education law practice in Connecticut, I brush up against psychologists and psychiatrists every day, and rely on them to let me know what, if any, disabilities my clients have, and [...]