Tag Archives: IDEA claims

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 [...]

“IEP Direct Won’t Let Us Do That”

Published on September 10, 2009 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 that [...]

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 [...]

Ruffled Feathers

Published on August 4, 2009 by Jennifer Laviano

I’ve had one of those weeks where my outspoken nature and strong views on what is happening (or not happening) in special education in general, and disability rights law in particular, have ruffled a few feathers.  I’ve gotten comments both on and off of my blog that suggest that I am overly opinionated; a prospective [...]

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 [...]

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 [...]

The Advisory Opinion Process in CT Special Education

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” [...]